State Laws Related to Out-of-Home Care

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.

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.

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.

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.

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.