General information and summaries of State statutes
48 State Statutes
Access to Adoption Records
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
Discusses laws that provide for access to both nonidentifying and identifying information from an adoption record by adoptive parents and adult adoptees. 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 adoptee also is addressed.
Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2019
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 of the process of assessing the suitability of these caregivers to provide a safe home for children placed in their care. The circumstances 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.
Case Planning for Families Involved With Child Welfare Agencies
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2018
Presents a review of statutes and administrative codes related to how States address the issue of case planning for children and families that are receiving child welfare services. 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 the case-planning process, and the types of information that must be included in a plan. Laws for all States and territories are included.
Child Witnesses to Domestic Violence
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
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. This publication presents a general overview of this aspect of child welfare law.
Clergy as Mandatory Reporters of Child Abuse and Neglect
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2019
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.
Completing Intercountry Adoptions Not Finalized Abroad
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2019
Provides an overview of Federal requirements that apply to adoptions of children born outside the United States by U.S. citizens that are finalized after the children have been admitted to the United States. It discusses requirements for completing the adoption in the parents' State of residence, receiving a new State-issued birth certificate for the child, and gaining recognition of U.S. citizenship for the child. Summaries of laws for all States and U.S. territories are included.
Concurrent Planning for Timely Permanency for Children
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
Presents an overview of State laws and policies 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 with 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.
Consent to Adoption
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
Presents an overview of State statutes 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.
Court Hearings for the Permanent Placement of Children
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
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 lists the persons who may attend the hearings and describes permanency options.
Court Jurisdiction and Venue for Adoption Petitions
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2022
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.
Cross-Reporting Among Agencies That Respond to Child Abuse and Neglect
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
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. Other requirements also are addressed, including notifying military authorities when a report involves a member of a military family and notifying the appropriate Tribal authority when a report involves a child who is a member or is eligible for membership of a Native American Tribe.
Definitions of Child Abuse and Neglect
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2022
Presents State civil 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, sexual abuse, sexual exploitation, and abandonment.
Definitions of Domestic Violence
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
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.
Definitions of Human Trafficking
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
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.
Determining the Best Interests of the Child
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
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 publication also addresses the definition of best interests and guiding principles of best interests determinations.
Disclosure of Confidential Child Abuse and Neglect Records
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2022
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.
Educational Supports for Youth in Foster Care
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
Examines State laws and policies regarding the programs that support youth who are in foster care or have been in foster to achieve their educational goals. The issues addressed include support for finishing high school; planning for postsecondary education; and accessing financial supports for postsecondary education, including Federal grants, education and training vouchers, and State tuition waivers.
Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reports
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2018
Examines State laws for maintaining records of child abuse and neglect. Almost all States maintain a statewide 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. Central registry records also are used to conduct background checks on prospective foster and adoptive parents.
Extension of Foster Care Beyond Age 18
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2022
Presents State laws and policies regarding the services and assistance available to youth in foster care who, beginning at age 18, must begin the transition to successful adulthood. It also explores youths' ability to voluntarily extend their placement in out-of-home care. Additionally, it discusses the requirements for remaining in placement and the programs and services available to support the transition to independence.
Grounds for Involuntary Termination of Parental Rights
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
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.
Home Study Requirements for Prospective Foster Parents
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2018
Discusses State laws and policies for licensing or approving family foster homes. A licensed family is one that is approved by the State to provide care for children and that meets basic standards of safety and is able to provide a healthy and nurturing home environment. The topics discussed include training requirements, the process for approving homes, grounds for not approving homes, kinship placements, adopting from foster care, and interjurisdictional placements. Summaries of laws and policies for all States and U.S. territories are included.
Home Study Requirements for Prospective Parents in Domestic Adoption
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
Summarizes State laws and policies for approving prospective adoptive homes. The publication describes who must be included in the home study, qualifications for adoptive parents, elements of the home study process, 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.
Immunity for Reporters of Child Abuse and Neglect
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2019
Summarizes State laws on immunity from prosecution 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.
Infant Safe Haven Laws
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
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.
Intestate Inheritance Rights for Adopted Persons
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2016
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.
Kinship Guardianship as a Permanency Option
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2019
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 a 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 kinship guardianship assistance are among the issues addressed. Summaries of relevant laws for all States and U.S. territories are included.
Links to State and Tribal Child Welfare Law and Policy
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
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, services for youth, and Indian child welfare. 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.
Making and Screening Reports of Child Abuse and Neglect
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2022
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 substance-exposed children also are addressed.
Mandatory Reporters of Child Abuse and Neglect
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2019
Discusses laws that designate the groups of professionals that are required to report cases of suspected child abuse and neglect. The factsheet also addresses reporting by other persons, the responsibilities of institutions in making reports, standards for making a report, and confidentiality of the reporter's identity.
Parental Substance Use as Child Abuse
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
Discusses laws and policies that address the issue of substance use by parents. One major area of concern is responding to the care and treatment needs of substance-exposed infants. Another major concern is addressing the harm that a child of any age can suffer when a parent's use of alcohol or other substances leads to neglect of the child or the child is exposed to illegal drug activity. Full-text excerpts of laws for all States, the District of Columbia, and U.S. territories are included.
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2019
Discusses laws that impose penalties, in the form of fines, 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.
Placement of Children With Relatives
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2023
Presents an overview of State laws that give priority or preference to a child's relatives when they need to be placed in 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.
Plans of Safe Care for Infants With Prenatal Substance Exposure and Their Families
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
Examines State laws and policies regarding the development and implementation of plans of safe care that are required by the Child Abuse Prevention and Treatment Act to ensure the safety and well-being of infants who are identified as being affected by prenatal substance use. The issues addressed include notification/reporting requirements; assessment of the infant and family; development of the plan of safe care; services for the infant, parents, or other caregivers; and monitoring plans of safe care.
Postadoption Contact Agreements Between Birth and Adoptive Families
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2019
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. Topics covered include the contents of agreements; parties to agreements; the court's role; and enforcing, modifying, and terminating agreements.
Providing Adoptive Parents With Information About Adoptees and Their Birth Families
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
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 also may include placement history and any history of abuse or neglect. Exceptions for stepparent and relative adoptions also are discussed.
Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
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.
Regulation of Private Domestic Adoption Expenses
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2022
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.
Representation of Children in Child Abuse and Neglect Proceedings
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
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 laws for all States and U.S. territories are included.
Responding to Child Victims of Human Trafficking
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2019
Provides an overview of State laws related to how States must respond to meet the needs of children who have been subjected to sex trafficking. The issues discussed include the respective duties of child welfare and law enforcement agencies, training requirements, diversion of child victims from prosecution to appropriate services, the array of services provided, and ways of funding services and programs for victims. Summaries of laws for all States and U.S. territories are included.
Responding to Youth Missing From Foster Care
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
This publication summarizes State laws and policies regarding the actions that a State agency must take when a youth is reported as missing from an out-of-care placement. The issues covered include required notifications to law enforcement and the National Center for Missing and Exploited Children, the steps the agencies must take to locate the child, and determining the reasons the youth ran from his or her placement and responding to those reasons in making subsequent placements. Agencies also must determine the child's experiences while absent from care, including screening the child to determine if the child is a possible sex trafficking victim.
Review and Expunction of Central Registries and Reporting Records
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2018
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.
The Rights of Unmarried Parents
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2022
Provides an overview of State laws related to the rights of unmarried parents and the methods by which a person may establish a legal parent-child relationship with their child. The circumstances in which a person may be presumed to be the other parent of a child, the use of parentage registries, the use of genetic tests to establish parentage, and the right of rescission of parentage claims are discussed.
Standby Guardianship
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2018
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 disabling conditions or terminal illnesses who want to plan a legally secure future for their children. Standby guardianships differ from traditional guardianships in that standby guardianships allow the parent to retain 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.
State Recognition of Intercountry Adoptions Finalized Abroad
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2018
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.
Unregulated Custody Transfers of Adopted Children
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2022
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 the use of a power of attorney for delegating parental authority, and restricting the use of advertising to find placements for a child.
Use of Advertising and Facilitators in Adoptive Placements
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
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.
The Use of Safety and Risk Assessments in Child Protection Cases
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2022
Discusses State laws and policies that provide guidance to caseworkers for conducting safety and risk assessments of families and children who are the subjects of child abuse and neglect reports. Other issues discussed include safety planning, assessments of family strengths and needs, ongoing assessments over the life of the case, and assessments required for reunification or case closure.
Who May Adopt, Be Adopted, or Place a Child for Adoption?
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
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.