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State Laws on Child Welfare
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 index and search
Access the Child Welfare Information Gateway State Statutes Series by title, or search statutes by individual States on issues related to child abuse and neglect, child welfare, and adoption.
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 - 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. |
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. |
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. |
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. |
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. |
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. |
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 ... |
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. ... |
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. |
Related resources
Highlights of Recent Kinship Care State Legislative Enactments
National Conference of State Legislatures (2006)
This document highlights recently enacted State legislation addressing kinship care for children receiving child welfare services.
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 - 208 KB)
National Resource Center for Family-Centered Practice and Permanency Planning (2007)
Provides contact information and procedures for obtaining the checks of State child abuse and neglect registries that are required by the Adam Walsh Child Protection and Safety Act of 2006.
State Child Welfare Legislation 2009 (PDF - 309 KB)
National Conference of State Legislatures (2011)
Describes significant State legislation related to child welfare issues enacted in 2009, including citations and summaries of specific child welfare-related laws in each State.