Child Welfare Information Gateway
Skip to main content
  • U.S. Department of Health & Human Services
  • Administration for Children & Families
  • Children's Bureau
Child Welfare Information Gateway
REPORT ABUSE OR
NEGLECT
FIND HELP WITH A
PERSONAL SITUATION   

Home Topics Publications Library State Resources More Tools & Resources News & Events
REPORT ABUSE OR
NEGLECT
FIND HELP WITH A
PERSONAL SITUATION   
  • About Us
  • Contact
  • Chat
  • Free Subscriptions
  • Resources in Spanish
  • About Us
  • Contact
  • Chat
  • Resources in Spanish
  • Shopping Cart
  • Home
  • Topics
    • Family-Centered Practice
      • Philosophy and Key Elements of Family-Centered Practice
      • Family-Centered Practice Across the Service Continuum
      • Engaging Families
      • Family-Centered Casework Practice
      • Family Group Decision-Making
      • Engaging Communities to Support Families
      • Creating a Family-Centered Agency Culture
    • Child Abuse & Neglect
      • Definitions of Child Abuse & Neglect
      • Identification of Child Abuse & Neglect
      • Risk Factors That Contribute to Child Abuse and Neglect
      • People Who Engage in Child Abuse or Neglect
      • Impact of Child Abuse & Neglect
      • Child Abuse & Neglect Fatalities
    • Preventing Child Abuse & Neglect
      • National Child Abuse Prevention Month
      • Overview: Preventing Child Abuse & Neglect
      • Promoting Child & Family Well-Being
      • Public Awareness & Creating Supportive Communities
      • Child Abuse and Neglect Prevention Programs
      • Developing & Sustaining Prevention Programs
      • Evidence-Based Practice for Child Abuse Prevention
      • Evaluating Prevention Programs
    • Responding to Child Abuse & Neglect
      • Introduction to Responding to Child Abuse & Neglect
      • Reporting Child Abuse and Neglect
      • Assessment in Child Protection
      • Differential Response in Child Protective Services
      • Child Protection Casework Practice
      • Responding to Child Maltreatment Near Fatalities and Fatalities
      • Trauma-Informed Practice in Child Welfare
      • Collaborative Responses to Child Abuse & Neglect
    • Supporting & Preserving Families
      • Supporting Families With Mental Health and Substance Use Disorders
      • Introduction to Family Support and Preservation
      • In-Home Services Involved With Child Protection
      • Family Support Services
      • Resources for Managers of Family Support and Preservation Services
      • Family Preservation Services
    • Out-of-Home Care
      • National Foster Care Month
      • Overview: Out-of-Home Care
      • Foster Care
      • Group and Residential Care
      • Kinship Care
      • Casework Practice in Out-of-Home Care
      • Transition to Adulthood and Independent Living
      • Placement Decisions
      • Resources for Foster Families
    • Achieving & Maintaining Permanency
      • Overview: Achieving & Maintaining Permanency
      • Reunifying Families
      • Recruiting and Retaining Resource Families
      • Permanency With Relatives and Kin
      • Guardianship
      • Permanency for Specific Youth Populations
      • Legal and Court Issues in Permanency
      • Interjurisdictional Placements
      • Working With Children, Youth, and Families in Permanency Planning
      • Working With Children, Youth, and Families After Permanency
      • Resources for Administrators and Managers About Permanency
      • Resources for Families About Permanency
    • Adoption
      • National Adoption Month
      • All-In Foster Adoption Challenge
      • Children's Bureau Adoption Call to Action
      • Adoption and Guardianship Assistance by State
      • Introduction to Adoption
      • Ethical Issues in Adoption
      • For Adopted People
      • For Adoption Program Managers & Administrators
      • For Expectant Parents Considering Adoption and Birth Parents
      • How to Adopt
      • Laws Related to Adoption
      • Parenting After Adoption
      • Preplacement Adoption Casework Practice
      • Postplacement Adoption Casework Practice
      • Search & Reunion in Adoption
    • Management & Supervision
      • Administering & Managing Child Welfare Agencies & Programs
      • Child Welfare Practice Improvement
      • Disaster Preparedness & Response
      • Ethical Practice & Client Rights
      • Evaluating Program and Practice Effectiveness
      • Funding
      • Information Systems & Data
      • Supervising Child Welfare Services
      • System Reform
      • Training
      • Workforce
    • Systemwide
      • Assessment
      • Behavioral Health & Wellness
      • Courts
      • Cultural Responsiveness
      • Diverse Populations and Communities
      • Domestic Violence
      • Human Trafficking
      • Laws & Policies
      • Service Array
      • Statistics
      • Well-Being
      • Youth
  • Publications
    • Publications Series
    • Browse by Topic
    • Browse by Title
    • índice de Títulos en Español (Spanish Title Index)
  • Library
    • Library Services
    • Library Search Help
  • State Resources
    • State Statutes
    • National Foster Care & Adoption Directory
    • State Guides & Manuals Search
    • State-Related Organizations Lists
    • Adoption and Guardianship Assistance by State
  • More Tools & Resources
    • Related Organizations
    • Learning Center
    • Resources From the Children's Bureau
      • Children's Bureau Discretionary Grants
      • The Story of the Children's Bureau
      • Children's Bureau Video Series
    • Child Welfare Information Gateway Podcast Series
    • Multimedia
      • Videos
      • Webinars
    • Family Engagement Inventory
  • News & Events
    • Free Subscriptions
    • Adoption Triad
    • Children's Bureau Express (CBX)
    • The Grantee Connection
    • New on Information Gateway
    • New From the Children's Bureau
    • Event Calendar
  • Home
  • Topics
  • Out-of-Home Care
  • Casework Practice in Out-of-Home Care
  • Legal Issues in Out-of-Home Care
  • State Laws Related to Out-of-Home Care

State Laws Related to Out-of-Home Care

Resources and information, including summaries of State laws, relevant to out-of-home care practice.

Case Planning for Families Involved With Child Welfare Agencies

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 803KB)
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.

Court Hearings for the Permanent Placement of Children

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 345KB)
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.

Determining the Best Interests of the Child

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 393KB)
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.

Links to State and Tribal Child Welfare Law and Policy

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 360KB)
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.

Placement of Children With Relatives

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 377KB)
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.

(Back to Top)

Related Content

State Laws on Child Welfare

Children's Bureau - An office of the Administration for Children and Families

Child Welfare Information Gateway is a service of the

  • Children’s Bureau
  • Administration for Children and Families
  • U.S. Department of Health and Human Services.
↑ Back to top
  • HOME
  • TOPICS
    • Family-Centered Practice
    • Child Abuse & Neglect
    • Preventing Child Abuse & Neglect
    • Responding to Child Abuse & Neglect
    • Supporting & Preserving Families
    • Out-of-Home Care
    • Achieving & Maintaining Permanency
    • Adoption
    • Management & Supervision
    • Systemwide
  • National Initiatives
    • National Adoption Month
    • National Child Abuse Prevention Month
    • National Foster Care Month
  • Publications
    • Publications Series
    • Browse by Title
    • Browse by Topic
    • Índice de Títulos en Español
  • Library
    • Search the Library
  • State Resources
    • State Statutes
    • National Foster Care & Adoption Directory
    • State Guides & Manuals
    • State Related Organizations Lists
    • Adoption Assistance by State
  • More Tools & Resources
    • Related Organizations
    • Learning Center
    • Children's Bureau Resources
    • Information Gateway Podcast
    • Multimedia
    • Family Engagement Inventory
  • NEWS AND EVENTS
    • New on Information Gateway
    • New From the Children's Bureau
    • Event Calendar
  • ABOUT US
    • How to Report Child Abuse or Neglect
    • Find Help With a Personal Situation
    • Frequently Asked Questions
    • Glossary
    • Search A to Z
  • Contact Us
    • 1-800-394-3366
    • info@childwelfare.gov
    • Subscribe to Free Updates
    • Chat With Us
  • Follow us on Facebook
  • Follow us on Twitter
  • Follow us on YouTube
  • POLICIES & HELPFUL LINKS
    • Disclaimer and Policies
    • Privacy Policy
    • Accessibility
    • FOIA requests
    • No FEAR Act data
    • Office of the Inspector General
    • Performance reports
    • Vulnerability Disclosure Policy
    • USA.gov
    • Download Acrobat Reader
  • ↑ Back to top