When a child is placed outside the home, custody is transferred from the parent to a State agency under the jurisdiction of a State court. State laws require the development of a case plan outlining services that must be provided to the family to address the problems that led to the child's placement. Laws also address requirements for periodic case reviews, grounds for termination of parental rights, and other placement issues.
State Statutes Series
Case Planning for Families Involved With Child Welfare Agencies
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 812KB) |
| Year Published | 2014 |
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.
Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 821KB) |
| Year Published | 2016 |
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.
Standby Guardianship
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 515KB) |
| Year Published | 2015 |
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.
Concurrent Planning for Permanency for Children
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 781KB) |
| Year Published | 2017 |
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.
Court Hearings for the Permanent Placement of Children
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 1,155KB) |
| Year Published | 2016 |
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.
Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 1,181KB) |
| Year Published | 2016 |
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.
Determining the Best Interests of the Child
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 816KB) |
| Year Published | 2016 |
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.
Grounds for Involuntary Termination of Parental Rights
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 1,381KB) |
| Year Published | 2017 |
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.
Home Study Requirements for Prospective Foster Parents
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 1,619KB) |
| Year Published | 2014 |
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.
Kinship Guardianship as a Permanency Option
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 1,336KB) |
| Year Published | 2014 |
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.
Placement of Children With Relatives
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 755KB) |
| Year Published | 2018 |
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.
Related resources
National Council of Juvenile and Family Court Judges
Dedicated to improving the courts of juvenile and family jurisdictions through training, technical assistance, and research.
National Resource Center for Permanency and Family Connections
Training, technical assistance, and information on family-centered and community-based services for child welfare agencies.
State Child Abuse Registries (PDF - 584 KB)
National Resource Center for Permanency and Family Connections (2012)
Provides contact information and procedures for obtaining the checks of State child abuse and neglect registries required by the Adam Walsh Child Protection and Safety Act of 2006.
State Child Welfare Legislation 2010 and 2011
National Conference of State Legislatures (2012)
Describes significant State legislation related to child welfare issues enacted in 2010 and 2011, including citations and summaries of specific child welfare-related laws in each State.