|
 September 2012 |
| Publications Catalog |
Child Welfare Information Gateway's Publications Catalog provides listings and descriptions of publications available from Information Gateway. The catalog includes products in English and Spanish on child abuse and neglect, child welfare, and adoption. Publications are designed to meet the needs of child welfare professionals and the families they serve. Most can be downloaded from the Information Gateway website, and many can be ordered in hard copy versions. Visit the catalog to view the full range of offerings and to order or download publications: www.childwelfare.gov/catalog/
State Statutes Series |
General information and summaries of State statutes.
| Access to Adoption Records: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 497KB) |
| Year Published: | 2009 - 68 pages |
| In nearly all States, adoption records are sealed and withheld from public inspection after an adoption is finalized. Most States have instituted procedures by which parties to an adoption may obtain both nonidentifying and identifying information from an adoption record while still protecting the interests of all parties. This resource, current through June 2009, provides definitions of nonidentifying and identifying information, an overview of who may access such information, and information about access to original birth certificates. 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: | View Download (PDF - 476KB) |
| Year Published: | 2011 - 67 pages |
| 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. The laws presented are current through December 2010. | |
| Child Witnesses to Domestic Violence: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 223KB) |
| Year Published: | 2009 - 17 pages |
| Discusses legal measures to protect children who may be harmed by witnessing acts of domestic violence in their homes. Summaries of laws for all States and US territories are included. | |
| Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 244KB) |
| Year Published: | 2010 - 20 pages |
| Discusses the clergy's responsibility to report instances of known or suspected abuse or neglect and the right of privileged communications. Summaries of laws for all States and US territories are included. | |
| Collection of Family Information About Adopted Persons and Their Birth Families | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 617KB) |
| Year Published: | 2012 - 48 pages |
| Summarizes State laws regarding the types of information that are required or permitted to be collected on adopted persons and their birth families. Information generally relates to medical and genetic history, family and social background, and mental health history. For the adopted child or youth, it may also include placement history and any history of abuse or neglect. This factsheet also includes information about the timing of such a report and exceptions for relative adoptions. | |
| Concurrent Planning for Permanency for Children: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 298KB) |
| Year Published: | 2009 - 16 pages |
| Reviews State laws that permit an agency to plan for another permanent placement for a child at the same time efforts are made to reunify the child with his or her family of origin. Full-text excerpts of laws for all States, the District of Columbia, Puerto Rico, and U.S. territories are included. | |
| Consent to Adoption | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 590KB) |
| Year Published: | 2010 - 95 pages |
| Reviews State laws that specify the persons who must consent to a child's adoption, timeframes for consent, and guidelines for revocation of consent. Summaries of laws for all States and US 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 - 772KB) |
| Year Published: | 2012 - 75 pages |
| Summarizes State laws on the 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 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. | |
| Court Jurisdiction and Venue for Adoption Petitions | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway. |
| Availability: | View Download (PDF - 252KB) |
| Year Published: | 2010 - 25 pages |
| Provides the laws that specify the appropriate State courts, by type and location, for handling adoption petitions. Summaries of laws for all States and US territories are included. | |
| Criminal Background Checks for Prospective Foster and Adoptive Parents | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 589KB) |
| Year Published: | 2011 - 65 pages |
| Discusses the requirements set by States for conducting checks of State and Federal criminal records of prospective foster and adoptive parents, as well as any adults residing in the prospective parents? households. Summaries of laws for all States and U.S. territories are included. | |
| Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 280KB) |
| Year Published: | 2010 - 27 pages |
| Reviews States' requirements for child protective and law enforcement agencies to share information and work cooperatively in responding to reports. Summaries of laws for all States and US territories are included. | |
| Definitions of Child Abuse and Neglect | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 587KB) |
| Year Published: | 2011 - 92 pages |
| Provides State laws that define the conduct, acts, and omissions that constitute child abuse or neglect that must be reported to child protective agencies. Summaries of laws for all States and U.S. territories are included. The laws presented are current through February 2011. | |
| Definitions of Domestic Violence | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 464KB) |
| Year Published: | 2011 - 60 pages |
| The definition of domestic violence varies depending on the context in which the term is used. A clinical or behavioral definition is "a pattern of assaultive and/or coercive behaviors, including physical, sexual, and psychological attacks, as well as economic coercion, that adults or adolescents use against their intimate partners." Legal 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. Approximately 46 States, the District of Columbia, American ... | |
| Determining the Best Interests of the Child: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 282KB) |
| Year Published: | 2010 - 30 pages |
| Reviews factors concerning the child and the child's family that must be considered by the court when determining the best placement for a child. | |
| Disclosure of Confidential Child Abuse and Neglect Records : Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 606KB) |
| Year Published: | 2010 - 79 pages |
| Summaries of statutes detailing the officials who may have access to confidential records and the circumstances under which information may be disclosed. Summaries of laws for all States and U.S. territories are included. | |
| Establishment and Maintenance of Central Registries for Child Abuse Reports | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 332KB) |
| Year Published: | 2011 - 37 pages |
| Examines State laws and procedures for maintaining records of child abuse and neglect. Most States maintain a 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. 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 - 445KB) |
| Year Published: | 2010 - 62 pages |
| Reviews State laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship. Summaries of laws for all States and US territories are included. | |
| Home Study Requirements for Prospective Foster Parents | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway. |
| Availability: | View Download (PDF - 1,050KB) |
| Year Published: | 2011 - 174 pages |
| 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 2010. | |
| Home Study Requirements for Prospective Parents in Domestic Adoption | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway. |
| Availability: | View Download (PDF - 1,155KB) |
| Year Published: | 2012 - 138 pages |
| Summarizes State laws and policies for approving prospective adoptive homes. This document describes who must be included in the home study, qualifications for adoptive parents, elements of the home study, exceptions for relatives, 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: | View Download (PDF - 481KB) |
| Year Published: | 2012 - 20 pages |
| Summarizes State laws on immunity from liability 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. This document describes that immunity, additional provisions, and limitations for statutes. | |
| Infant Safe Haven Laws: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 447KB) |
| Year Published: | 2010 - 69 pages |
| Reviews State laws that provide a vehicle for the safe relinquishment of newborns who might otherwise be abandoned. Summaries of laws for all States and US territories are included. | |
| Intestate Inheritance Rights for Adopted Children: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 310KB) |
| Year Published: | 2009 - 40 pages |
| Leaving a will is the best way to ensure heirs or descendants may inherit from your estate. Issues of property distribution may arise when a birth parent or adoptive parent dies without making a valid will or without naming an heir to particular property (referred to as "intestacy"). In these cases, State law determines who may inherit from whom. Laws in all 50 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands specify an adopted child?s rights of inheritance from and through the adoptive and birth parents. Current through March 2006, ... | |
| Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 619KB) |
| Year Published: | 2009 - 87 pages |
| All 50 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have laws and policies that specify procedures for making and responding to reports of suspected child abuse or neglect. All States require mandated reporters to make an immediate report when they suspect or know of abusive or neglectful situations. In all jurisdictions, the initial report may be made orally to either the child protective services (CPS) agency or a law enforcement agency. In addition, the laws and policies in all jurisdictions specify procedures for the initial response required by ... | |
| Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 380KB) |
| Year Published: | 2010 - 55 pages |
| Specifies individuals, typically by professional groups, who are required to report suspected child maltreatment. Summaries of laws for all States and US territories are included. | |
| Online Resources for State Child Welfare Law and Policy | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 354KB) |
| Year Published: | 2011 - 27 pages |
| Provides web addresses for State statutes accessible online and lists the parts of the code for each State and territory that contains the laws addressing child protection, adoption, and child welfare. It also provides web addresses for States' regulation and policy sites, State court rules, and other judicial resources. Resources for all States and U.S. territories are included. | |
| Parental Drug Use as Child Abuse: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 324KB) |
| Year Published: | 2009 - 30 pages |
| Abuse of drugs or alcohol by parents and other caregivers can have negative effects on the health, safety, and well-being of children. Approximately 47 States, the District of Columbia, Guam, and the U.S Virgin Islands have laws within their child protection statutes that address the issue of substance abuse by parents. Two areas of concern are the harm caused by prenatal drug exposure and the harm caused to children of any age by exposure to illegal drug activity in their homes or environment. The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place ... | |
| Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 248KB) |
| Year Published: | 2009 - 21 pages |
| Penalties that States may impose on mandatory reporters who fail to report, or on any person who makes a false report. Summaries of laws for all States and US territories are included. | |
| Placement of Children With Relatives | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 350KB) |
| Year Published: | 2010 - 55 pages |
| This publication summarizes State laws and statutes regarding placement of children with relatives when they are removed from their home and enter foster care. In order for States to receive Federal payments for foster care and adoption assistance, Federal law requires that they "consider giving preference to an adult relative over a nonrelated caregiver when determining placement for a child, provided that the relative caregiver meets all relevant State child protection standards." Most States give preference or priority to relative placements in their statutes. This publication discusses definitions of "relative," financial support for relative placement, and adoption by relatives. Summaries ... | |
| Postadoption Contact Agreements Between Birth and Adoptive Families | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 352KB) |
| Year Published: | 2011 - 48 pages |
| 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 or other persons with whom the child has an established relationship. Topics covered include States that do and do not have enforceable contract agreements, parties to agreements, the court?s role, and mediation. The laws presented are current through May 2011. | |
| Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 391KB) |
| Year Published: | 2009 - 46 pages |
| Reasonable efforts refer to efforts made by State social services agencies to provide the assistance and services needed to preserve and reunify families. Laws in all States, the District of Columbia, Guam, and Puerto Rico require the provision of services that will assist families in remedying the conditions that brought the child and family into the child welfare system. The statutes in most States, however, use a broad definition of what constitutes reasonable efforts. Some commonly used terms associated with reasonable efforts include "family reunification," "family preservation," "family support," and "preventive services." Summaries of laws for all States and U.S. ... | |
| Regulation of Private Domestic Adoption Expenses | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 405KB) |
| Year Published: | 2010 - 62 pages |
| Nearly all States, the District of Columbia, and the U.S. territories have enacted statutes that provide some regulation of the fees and expenses that adoptive parents are expected to pay when arranging an adoptive placement. Some of the fees and expenses that are typically addressed in the statutes are placement costs, such as agency fees; legal and attorney expenses for adoptive and birth parents; and some of the expenses of the birth mother during pregnancy. This briefing provides general information on birth parent expenses, agency fees and costs, use of an intermediary, and reporting adoption-related expenses to the court. | |
| Representation of Children in Child Abuse and Neglect Proceedings | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 806KB) |
| Year Published: | 2012 - 83 pages |
| 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 relevant laws for all States and U.S. territories are included. | |
| Review and Expunction of Central Registries and Reporting Records | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 331KB) |
| Year Published: | 2011 - 38 pages |
| 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 Fathers | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 626KB) |
| Year Published: | 2010 - 104 pages |
| Reviews the State laws related to unmarried fathers and explains the circumstances in which a man may be presumed to be the father of a child, paternity registries, alternate means for establishing paternity, revocations of claims, and access to information. Summaries of laws for all States and U.S. territories are accessible through the State Statute Search. | |
| Standby Guardianship | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 354KB) |
| Year Published: | 2011 - 43 pages |
| 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 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: | View Download (PDF - 348KB) |
| Year Published: | 2011 - 46 pages |
| Discusses the requirements and restrictions set by the Federal Government and by States that apply to adoptions finalized in another country by U.S. citizens. In order for a child who has been adopted abroad to enter the United States, the adoptive parents must fulfill the requirements set by the U.S. Citizenship and Immigration Services (USCIS) of the U.S. Department of Homeland Security, the foreign country in which the child resides, and sometimes the adoptive parents' State of residence. This factsheet addresses recognition of intercountry adoption decrees, readoption in the United States, and application for a U.S. birth certificate. | |
| Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 284KB) |
| Year Published: | 2009 - 29 pages |
| Some people choose to adopt, and some birth parents choose to place their children for adoption, without the involvement of an agency. These placements are known as private placements or independent adoptions. Private placement is often preferred by people who want to adopt newborn infants domestically and utilize the services of an attorney or adoption services provider or manage the process more on their own. The challenge for prospective adoptive parents in a private placement is locating a child who is appropriate for their family or finding birth parents seeking to place their child for adoption. Some parents choose to ... | |
| Who May Adopt, Be Adopted, or Place a Child for Adoption? | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 543KB) |
| Year Published: | 2012 - 37 pages |
| 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. The summary is followed by an alphabetical listing of States' relevant statutes. | |
| U.S. Department of Health and Human Services Administration for Children and Families Administration on Children, Youth and Families Children's Bureau |
 |
 |
Child Welfare Information Gateway Children's Bureau/ACYF 1250 Maryland Avenue, SW Eighth Floor Washington, DC 20024 800.394.3366 Email: info@childwelfare.gov |