State Statutes Series

Discusses laws that provide for access to both nonidentifying and identifying information from an adoption record by adoptive parents and adult adopted persons. Generally, the person whose information will be disclosed must consent to the disclosure, and methods of providing consent are discussed. Access to the original birth certificate by the adult adopted person also is addressed. Summaries of laws for all States and U.S. territories are included.

Discusses the requirements set by States for conducting background checks of prospective foster and adoptive parents and other out-of-home caregivers, as well as any adults residing in the prospective caregivers’ households. These checks, including State and Federal criminal records and child abuse and neglect central registries, are part process of assessing the suitability of these caregivers to provide a safe home for children placed in their care. The crimes that will disqualify an applicant also are discussed. An overview of Federal requirements also is provided. Summaries of laws for all States and U.S. territories are included.

Presents a review of statutes and administrative codes that shows that States are using a variety of approaches to address the issue of case planning in child welfare. States generally require a case plan when a child is placed in out-of-home care or when a child and his or her family are receiving any kind of in-home services to prevent placement. Topics covered include requirements for when a case plan is needed, participants in case planning, and contents of plans. Laws for all States and territories are included.

Discusses laws that extend legal protection to children who may be harmed by witnessing acts of domestic violence in their homes. The issues examined include the circumstances that constitute "witnessing" domestic violence and the legal consequence to persons who commit the domestic violence, such as enhanced penalties and fines.

Discusses laws that require members of the clergy to report cases of suspected child abuse and neglect. The issue of whether a member of the clergy can claim privileged communications as a reason for not reporting also is discussed. Full-text excerpts of laws for all States and U.S. territories are included.

Presents an overview of State laws that provide for the development and implementation of an alternative permanency plan concurrently with efforts to reunify the child with his or her family. Compared to more traditional sequential planning for permanency, in which one permanency plan is ruled out before an alternative is developed, concurrent planning may provide earlier permanency for a child. Full-text excerpts of laws for all States and U.S. territories are included.

Presents an overview of state laws regarding the proper execution of consent when a child is placed for adoption. Consent refers to the agreement by a parent, or a person or agency acting in place of a parent, to relinquish a child for adoption and release all rights and duties with respect to that child. The topics covered include the persons who must consent to a child's adoption, the child's consent to his or her adoption, timeframes for consent, and guidelines for revocation of consent. Summaries of laws for all states and U.S. territories are included.

Summarizes State laws that mandate the type and frequency of court hearings that must be held to review the status of children placed in out-of-home care. At these hearings, the court reviews the efforts that have been made to address the family issues that necessitated the out-of-home placement as well as efforts to achieve permanency for the child. This document also describes lists the persons who may attend the hearings and permanency options.

Presents an overview of state statutes that designate the appropriate jurisdiction and venue for adoption proceedings. Jurisdiction refers to the type of court that has the authority to hear adoption cases; venue refers to the geographic location of the court. Summaries of laws for all states and U.S. territories are included.

Discusses State laws that authorize cross-reporting and information sharing among the agencies that must respond to reports of suspected child abuse or neglect. Typically, reports are shared among social services agencies, law enforcement departments, and prosecutors' offices. Full-text excerpts of laws for all States and U.S. territories are included.

Presents State laws that define the conduct, acts, and omissions that constitute child abuse or neglect that must be reported to child protective agencies. The types of maltreatment defined include physical abuse, neglect, emotional abuse, and sexual abuse. Summaries of laws for all States and U.S. territories are included.

Provides an overview of both civil and criminal definitions of domestic violence. The definition often varies depending on the context in which the term is used. Statutory definitions across the states generally describe specific conduct or acts that are subject to civil and criminal actions, and the specific language used may vary depending on whether the definition is found in the civil or criminal sections of the state's code. Summaries of laws for all states and territories are included.

Presents State criminal laws that define human trafficking, including involuntary servitude, forced labor and services, and sex trafficking of minors. Federal definitions of human trafficking and the inclusion of trafficking in civil child abuse definitions also are discussed. Summaries of laws for all States and U.S. territories are included.

Discusses State laws that present the factors that courts need to consider when making decisions about a child's appropriate custody and care. Factors to be considered include parental capacity to provide adequate care, sibling and other family relationships, and the child's wishes. The factsheet also addresses the definition of best interests and guiding principles of best interest determinations. Summaries of laws for all States and U.S. territories are included.

Discusses state laws detailing the officials and entities that may have access to the confidential records of child abuse and neglect reports and investigations, the circumstances under which information may be disclosed, and the appropriate use of confidential information. Public disclosure of information in cases of child abuse-related fatalities or near fatalities also is addressed. Summaries of laws for all states and U.S. territories are included.

Examines State laws and procedures for maintaining records of child abuse and neglect. Most States maintain a central registry, which is a centralized database of child abuse and neglect investigation records. In some States, the individual State agencies that received the reports of suspected abuse or neglect are required to maintain these records. Central registry reports are typically used to aid social services agencies in the investigation, treatment, and prevention of child abuse cases and to maintain statistical information for staffing and funding purposes. Summaries of laws for all States and U.S. territories are included.

Presents State laws regarding the options available to youth who are transitioning to independent living, including the ability to voluntarily extend their placement in out-of-home care. The requirements for remaining in placement and the programs and services available to support the transition to independence also are discussed. Summaries of laws related to these issues for all States and U.S. territories are included.

Provides an overview of State laws that provide the legal basis for terminating the rights of parents who have been found unfit to parent their children. The circumstances under which the court may find that termination may not serve the child's best interests and under which a parent's rights may be reinstated also are addressed. Summaries of laws for all States and U.S. territories are included.

Presents State laws and policies for licensing or approving family foster homes, including laws about standards, the approval process, kinship foster care, and interjurisdictional approval. A licensed family is one that is approved by the State to provide care for children and that meets basic standards of safety set by law and regulation. These standards reduce predictable risks to the health, safety, and well-being of children in out-of-home care. The laws presented are current through October 2014.

Summarizes State laws and policies for approving prospective adoptive homes. This document describes who must be included in the home study, qualifications for adoptive parents, elements of the home study, exceptions for stepparent or relative placements, postplacement assessments of the child's adjustment to the adoptive family, requirements for placements across State lines, and more.

Summarizes State laws on immunity from liability for persons who in good faith report suspected instances of child abuse or neglect. Immunity statutes protect both mandatory and voluntary reporters from civil or criminal liability that they might otherwise incur. The publication also discusses the provision of immunity for taking photographs or x-rays, performing medical examinations or tests, and participating in the investigation or prosecution of child abuse or neglect cases. Laws for all 50 States and territories are included.

Discusses State laws that provide safe places for parents to relinquish newborn infants. The purpose of these laws is to prevent these babies from being abandoned at places where they may come to harm. The responsibilities of and immunity from liability for providers who accept the infants, legal protections from prosecution for the parents, and the effect of relinquishment on parental rights also are discussed. Summaries of laws for all States and U.S. territories are included.

Discusses the right of an adopted child to inherit from his or her adoptive parents whether or not the parent has written a will. In some States, an adopted person also may retain the right to inherit from a birth parent. The right of inheritance of an adopted child who has been omitted from a will also is discussed. Summaries of laws for all States and U.S. territories are included.

Reviews State laws and policies that allow a family member or other person with close ties to a child who has been placed in out-of-home care to become that's child's permanent guardian. Guardianship has emerged as permanency option for a child who has been placed in out-of-home care as it creates a legal relationship between a child and caregiver that is intended to be permanent and self-sustaining and can provide a permanent family for the child without the necessity of terminating the parents' parental rights. A guardian's rights and duties, approving a guardianship home, modifying or revoking a guardianship, and eligibility for guardianship subsidies are among the issues addressed. Summaries of relevant laws for all States and U.S. territories are included.

Provides web addresses for State statutes that are accessible online and lists the parts of the code for each State and territory that contains the laws addressing child protection, adoption, child welfare, legal guardianship, and services for youth. It also provides web addresses for States' regulation and policy sites, State court rules, Tribal codes, and judicial resources. Links to sources of information about the laws and policies for all States and U.S. territories are available from the State Statutes Search page.

Discusses state laws and regulations that specify the procedures that state child protection agencies must follow when responding to reports of suspected child abuse or neglect. The issues addressed include individual responsibility to report, content of reports, screening reports, investigation procedures, timeframes for completing investigations, and classification of investigative findings. Special procedures for handling child fatalities and drug-exposed children also are addressed. Summaries of laws for all states and U.S. territories are included.

Discusses laws that designate the groups of professionals that are required to report cases of suspected child abuse and neglect. Reporting by other persons, the responsibilities of institutions in making reports, standards for making a report, and confidentiality of the reporter's identity also are discussed. Summaries of laws for all States and U.S. territories also are included.

Discusses laws that address the issue of substance abuse by parents. Two areas of concern are the harm caused to the health and development of affected infants by prenatal drug exposure and the harm caused to children of any age by exposure to illegal drug activity in their homes or environment. Full-text excerpts of laws for all States and U.S. territories are included.

Discusses laws that impose penalties, in the form of either fines or jail time or both, on mandatory reporters who fail to report cases of suspected child abuse and neglect as required by the reporting laws. State laws also may impose penalties on any person who knowingly makes a false report of abuse or neglect. Summaries of laws for all States and U.S. territories are included.

Presents an overview of State laws that give priority or preference to relatives when children are in need of out-of-home care. The issues addressed include locating relatives, determining the fitness of a relative to provide care, and requirements for licensure. Requirements for placing siblings together whenever possible and adoption by relatives also are addressed. Summaries of laws for all 50 States are included.

Presents State statutes on postadoption contact agreements, which are arrangements that allow contact between a child's adoptive family and members of the child's birth family or other persons with whom the child has an established relationship. Topics covered include the contents of agreements; parties to agreements; the court’s role; and enforcing, modifying, and terminating agreements.

Summarizes State laws regarding the types of information that adoptive parents are provided about the background of the child they are hoping to adopt. The information generally relates to medical and genetic history, family and social background, and mental health history of the child and the child's birth family. For the adopted child or youth, it may also include placement history and any history of abuse or neglect. Exceptions for stepparent and relative adoptions also are discussed.

This factsheet discusses laws that require child welfare agencies to make reasonable efforts to provide services that will help families remedy the conditions that brought the child and family into the child welfare system. The issues examined include what constitutes reasonable efforts, when reasonable efforts are required to be made, and the circumstances under which reasonable efforts to reunify the family are not required. Summaries of laws for all States and U.S. territories are included.

Provides an overview of State laws regarding the regulation of the fees and expenses that adoptive parents are expected to pay when arranging a private adoptive placement. Some of the fees and expenses that are typically addressed include placement costs, such as agency fees; legal fees and attorney expenses for adoptive and birth parents; and some of the expenses of the birth mother during pregnancy. Requirements for reporting adoption-related expenses to the court also are addressed. Summaries of laws for all States and U.S. territories are included.

Examines State laws that specify when a State court must provide legal representation for a child involved in child abuse and neglect proceedings and whether that representative must be an attorney, guardian ad litem, or a court-appointed special advocate. The qualifications, training, specific duties, and compensation of the representative also are addressed. Summaries of relevant laws for all States and U.S. territories are included.

Examines State laws and procedures that provide persons who are named as alleged perpetrators in central registry reports the right to review the records and to request administrative hearings to contest the findings and have inaccurate records removed from the registry. Laws that provide for the expunction of old or unsubstantiated reports also are discussed. Summaries of relevant laws for all States and U.S. territories are included.

Reviews State laws related to the rights of unmarried fathers in relation to their children. The U.S. Supreme Court affirmed the constitutional protection of such a father's parental rights when he has established a substantial relationship with his child. The circumstances in which a man may be presumed to be the father of a child, the use of putative fathers' registries, and the right of rescission of paternity claims also are discussed. Summaries of laws for all States and U.S. territories are included.

Examines State standby guardianship laws in which a parent may transfer guardianship of his or her child to a specific person under certain conditions. Many States developed these laws specifically to address the needs of parents living with HIV/AIDS, other disabling conditions, or terminal illnesses who want to plan a legally secure future for their children. A standby guardianship differs from traditional guardianships in that the parent retains much of his or her authority over the child. This publication covers the establishment of standby guardianship, the role of noncustodial parents, parental authority, and withdrawal of guardianship.

Provides an overview of Federal requirements that apply to adoptions finalized in another country by U.S. citizens. It also discusses requirements that adoptive parents must meet in their State of residence in order to gain State recognition of the adoption and to receive a new State-issued birth certificate for their adopted child. The topics addressed include recognition of foreign adoption decrees, when readoption is required by the State of residence, and applying for a State birth certificate.

Provides an overview of state laws related to efforts to curtail the practice of some adoptive parents placing their adopted children into the custody of unrelated persons without the oversight of a child welfare agency or court. Such transfers put a child at risk of abuse, neglect, emotional trauma, and placement instability. States are utilizing a variety of approaches to curb the practice, including criminalizing the act, placing limits on delegating parental authority through the use of power of attorney, and restricting the use of advertising to find placements for a child. Summaries of laws for all states and U.S. territories are included.

Discusses States laws that permit, regulate, or prohibit the use of advertising or facilitators in private or independent adoptions. Some adoptive parents choose to advertise their interest in adopting, while others may choose to utilize the services of adoption facilitators or intermediaries. Summaries of laws for all States and U.S. territories are included.

Summarizes State laws regarding eligibility for becoming an adoptive parent (in terms of marital status, age, residency, and more), eligibility for being adopted as a child or adult, and authority to place a child for adoption. Summaries of laws for all States are included.