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
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.
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.
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.
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.
Extension of Foster Care Beyond Age 18
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2017
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.
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.
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.
Placement of Children With Relatives
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
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.
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.
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.
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.
State Child Abuse Registries (PDF - 584 KB)
AdoptUSKids
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.