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Home > Systemwide > Courts > Court Processes > Legal Issues in Out-of-Home Care

Legal Issues in Out-of-Home Care

Resources and information about legal issues relevant for children and youth in out-of-home care, including information about Health care, Education, Young children.

Adopting Reform: The Need for Change in America's Family Court and Foster-Care System and a Survey of Reform Efforts
Bandow (2001)
Analysis of the need for reform in the family court and foster care system; includes analyses of challenges and reforms in States.

Foster Care Law: A Primer
Schweitzer & Larsen (2004)
View Abstract
Reviews the legal aspects of foster care from the perspectives of the foster child, foster parents, birth parents, public agencies, private agencies, and the court system.


Health care

Ensuring the Healthy Development of Foster Children: A Guide for Judges, Advocates and Child Welfare Professionals (PDF - 2430 KB)
New York State Permanent Judicial Commission on Justice for Children (1999)
Questions that should be asked by a judge, lawyer, legal guardian, or Court Appointed Special Advocate when reviewing cases of children in foster care to ensure that the child's health needs are being addressed.

Health Care for Our Troubled Youth: Provision of Services in the Foster Care and Juvenile Justice Systems of California (PDF - 318 KB)
Hartney, Wordes, & Krisberg (2002)
Outlines the health-care needs and obstacles to health-care access for youth involved with foster care or juvenile justice in California, particularly adolescents, and makes recommendations for improvement.

Health for Teens in Care: A Judge's Guide
Howze (2002)
View Abstract
Guide for judges, attorneys, and social workers to ensure that the monitoring of safety and well-being of adolescents in care includes comprehensive health-care screenings and consistent diagnosis and treatment of physical, dental, nutritional, and emotional health issues.

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Education

Closing the Education Achievement Gap for Foster and Probation Youth (MS Word - 4400 KB)
Children's Law Center of Los Angeles & Los Angeles Education Summit (2004)
Summarizes the discussion and recommendations of participants of the 2004 Los Angeles Education Summit regarding the educational needs of youth in foster care or on probation in Los Angeles County.

Ensuring Educational Rights and Stability for Foster Youth: California Assembly Bill 490: Training and Implementation Package
National Child Welfare Resource Center on Legal and Judicial Issues, California Youth Connection, Children's Law Center of Los Angeles, & National Center for Youth Law (2003)
Provides information on the California Assembly Bill 490, a law designed to ensure all pupils in foster care have a meaningful opportunity to meet State achievement standards.

Learning Curves: Education Advocacy for Children in Foster Care
McNaught (2004)
View Abstract
Explains Federal laws that support education rights and describes the role of lawyers, judges, parents, and educators in ensuring that foster and adopted children receive necessary school services.

Mythbusting: Breaking Down Confidentiality and Decision-Making Barriers to Meet the Education Needs of Children in Foster Care (PDF - 2040 KB)
McNaught (2006)
Answers common questions about confidentiality and decision-making barriers related to meeting the education needs of children in foster care.

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Young children

Addressing Infant and Toddler Issues in the Juvenile Court: Challenges for the 21st Century
Lillas, Langer, & Drinane
Juvenile and Family Court Journal, 55(2), 2004
View Abstract
Illustrates the problems, conflicts, and solutions in working to protect an infant's or toddler's best interests from three points of view: a children's attorney, a judge, and an infant mental health specialist and interdisciplinary trainer.

Early Intervention and Early Childhood Programs: Essential Tools for Child Welfare Advocacy
Dicker & Gordon
Journal of Poverty and Law Policy, 2001
View Abstract
Describes services available to young foster children under the Early Intervention Program of the Individuals with Disabilities Education Act and the Head Start program.

Questions Every Judge and Lawyer Should Ask About Infants and Toddlers in the Child Welfare System
Osofsky, Maze, Lederman, Grace, & Dicker (2002)
View Abstract
Issues that should be addressed by judges, attorneys, child advocates, and child welfare professionals when making decisions about the placement of infants of toddlers in foster care.

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Related Information Gateway Topics

Out-of-home care: Legal issues in out-of-home care
Out-of-home care: Casework practice
Systemwide: State laws on making permanency plans for children in care

 

 

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