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Case Planning for Families Involved With Child Welfare Agencies
State Statutes Series

Author(s):  Child Welfare Information Gateway

Year Published:  2005

Current through May 2005

You may wish to review this introductory text to better understand the information contained in your State's statutes. To view online resources for child welfare laws and policies in your State, visit the State Statutes Search.

A case plan is a written document that may be prepared when a child becomes involved with a State child welfare agency. Since the passage of the Adoption Assistance and Child Welfare Act (P.L. 96-272) in 1980, Federal law has required the development of a case plan for any child receiving foster care maintenance payments under Title IV-E (42 U.S.C. 671(16)). State laws or policies in all States, the District of Columbia, and the U.S. territories of Guam, Puerto Rico, and the Virgin Islands are generally consistent with this requirement, although many States have additional requirements.¹ Approximately 31 States, the District of Columbia, and the territories provide detailed requirements for case planning within their statutes, while the rest of the States provide for case planning within State regulation or policy.²

When Case Plans Are Required

Consistent with Federal law, States require a case plan whenever a child is to be placed in out-of-home care, including foster care, placement with a relative, group homes, and residential placement. In addition, many States may require a case plan whenever the child and his or her family are receiving any kind of in-home services to prevent placement, or the child has in some other way been placed in the legal custody of the State agency. Some States impose a time limit (for example, 10, 30, or 60 days) for submission of a case plan to the court.

Who May Participate in the Process

The department or agency in each State that has the responsibility for providing child welfare services must formulate a case plan for each child placed in its care or custody. Many States require that the department include the parent or guardian in the case planning process. Approximately four States (Alaska, Minnesota, Oklahoma, and Oregon) require the participation of the child's tribe when the child receiving services is an Indian child. Other required participants may include foster parents, guardians ad litem, court-appointed special advocates, and the child, if the child is of an appropriate age. A few States utilize a team approach for assessing the needs of the family and developing recommendations for the case plan.³

Contents of a Case Plan

Federal law under Title IV-E (in 42 U.S.C. 675(1)) also requires that the case plan describe specifics of a child's care while in placement, including, at a minimum, the following:

• A description of the type of home or institution in which the child is to be placed


• A plan for assuring that the child receives safe and proper care and that appropriate services are provided to the parents, child, and foster parents:


• To improve the conditions in the parents' home
  
• To facilitate the return of the child to his or her own safe home or the alternative permanent placement of the child
  
• To address the needs of the child while in foster care
  
• To the extent available, the health and education records of the child
  
• Where appropriate, for a child aged 16 years or older, a description of programs and services that will help the child prepare for independent living
  
• If the permanency goal for the child is adoption, documentation of the steps being taken to find an adoptive family
  

Across all States, the provisions for case planning, in either statute or regulation, are substantially in compliance with the Federal requirements. Case plans typically include goals and objectives that the parents must meet in order to achieve a safe home for the child and timeframes for achieving those goals. Most States also require that the case plan state a permanency goal for the child. In addition, some States require that, for a child who is in out-of-home care, the plan include a schedule of visitation between the child and his or her parent, and between the child and any siblings that the placement has separated.

To see how your State addresses this issue, visit the State Statutes Search.

To find information on all of the States and territories, view the complete printable PDF, Case Planning for Families Involved with Child Welfare Agencies: Summary of State Laws (PDF - 476 KB)

¹ American Samoa and the Northern Mariana Islands do not participate in the Title IV-E program and do not have provisions for case planning in their statutes. back
² The word approximately is used to stress the fact that the States frequently amend their laws. As of May 2005, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New Mexico, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming provided for case planning within State regulation or policy. back
³ Kansas uses a case planning conference, Missouri uses a family support team meeting, and Oregon uses a family group conference. Both Utah and Wyoming use multidisciplinary teams. back

This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.

Updated on July 15, 2008