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Index Link to State Summaries

 http://www.childwelfare.gov/catalog/index.cfm?event=catalog.viewSeriesDetail&series=12

The Child Welfare Information Gateway has been creating State Summaries on Particular Concerns. Below are some of these summaries. Will be listing more as they become available or updated.

Note: When you click on View, this is introductory information comparing states. To see the State Statute Summaries, you need to Download the PDF file.

Key Issues

Adoption ~ Best Interest of the Child ~ Case Planning ~ Child Abuse & Neglect ~ Child Welfare Law & Policy ~ Central Registry ~ Domestic Violence ~ False Allegations ~ Family Preservation ~ Fathers ~ Foster Care Givers ~ Guardianship ~ Immunity ~ Infant ~ Mandatory Reporters ~ Parental Drug Abuse ~ Permanency ~ Placement with Relatives ~ Reasonable Efforts ~ Reunification ~ State Guides & Manuals Search ~ Termination of Parental Rights
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Another Search Page to Explore>> State Guides & Manuals Search

Note: You may find, when searching on "single" criteria, 0 results may show up. A hint that perhaps many issues still haven't be addressed in many states?

A Great Law Index from>> Justia.com

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Families & Children, our most important resource we have in Our Nation, if not the World

Adoption

·         Who May Adopt, Be Adopted, or Placed a Child for Adoption?

·         Access to Adoption Records

·         Advertising & Facilitators in Adoptive Placements

·         Collection of Information about Adoptees & Their Birth Families

·         Consent

·         Court Jurisdiction & Venue for Adoption Petitions

·         Criminal Background Checks

·         Disclosure of Confidential Records of Child Abuse and Neglect

·         Interstate Inheritance Rights for Adopted Children

·         Inter-Country Adoptions Finalized Abroad

·         Post-adoption Contract Agreement between Birth & Adoptive Families

·         Private Domestic Adoption Expenses Regulations

  • Adoption Assistance - by State
    Adoption assistance information by State is provided by the Association of Administrators of the Interstate Compact on Adoption and Medical Assistance (AAICAMA). Select one of two options: A) Select a State to view the answers to 13 questions regarding State policies on adoption assistance and post-adoption services, or B) Select a question to find out how it is addressed across all States.

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Best Interest of the Child

·         Determining

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Case Planning

·         Families Involved with Child Welfare Agencies

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Child Abuse & Neglect

·         Cross Reporting Among Responders

·         Definitions

·         Disclosure of Records

·         Drug Use

·         Making & Screening Reports

·         Representation of the Child

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Child Welfare Law & Policy

·         Online Resources

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Central Registry

·         Establishment and Maintenance

·         Review & Expunction of Central Registries & Reporting Records

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Domestic Violence

The Child Welfare Information Gateway

·         Child Witnesses

·         Definitions

·      Domesitc Violence & Sexual Assault Data Resorce Center-


Alabama  Alaska  Arizona  Arkansas  California  Colorado  Connecticut  Delaware  District of Columbia  Florida  Georgia  Hawaii  Idaho  Illinois  Indiana  Iowa  Kansas  Kentucky  Louisiana  Maine  Maryland  Massachusetts  Michigan  Minnesota  Mississippi  Missouri  Montana  Nebraska  Nevada  New Hampshire  New Jersey  New Mexico  New York  North Carolina  North Dakota  Ohio  Oklahoma  Oregon  Pennsylvania  Rhode Island  South Carolina  South Dakota  Tennessee  Texas  Utah  Vermont  Virginia  Washington  West Virginia  Wisconsin  Wyoming 

 

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False Allegations

·         Penalties

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Family Preservation

·         Reasonable Efforts

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Fathers

·         Rights of Unmarried Fathers

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Foster Care Givers

·         Criminal Background Checks

·         Disclosure of Confidential Records of Child Abuse and Neglect

·         Home Study

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Guardianship

·         Standby Guardianship

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Immunity

·         Reporters

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Infant

·         Safe Haven Laws

Mandatory Reporters

·         Clergy

·         Immunity

·         Penalties for Failure to Report

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Permanency

·         Concurrent Planning

·         Court Hearings

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Placement with Relatives

Return Key Issues

Reasonable Efforts

Reunification

·         Reasonable Efforts

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Termination of Parental Rights

·         Involuntary

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Access to Adoption Records

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.

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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.

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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.

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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.

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Collection of Family Information About Adoptees and Their Birth Families: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View
Download (PDF - 412KB)

Year Published:

2009 - 49 pages

Provides an overview of the kinds of information about adoptees and their birth relatives that may be collected and shared with adopting parents.

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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.

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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.

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Court Hearings for the Permanent Placement of Children: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View
Download (PDF - 528KB)

Year Published:

2009 - 65 pages

Court hearings are used to review the status and determine the permanent placement of children who have been placed in out-of-home care, including foster care. The Adoption and Safe Families Act (ASFA) of 1997 (P.L. 105-89) amended title IV-E of the Social Security Act in an effort to provide added safety and permanency for children in foster placement. ASFA placed an emphasis on expediting and improving planning and decision-making for the permanent placement of children in the child welfare system. ASFA (42 U.S.C. 675(5)(B)) requires that the status of each child in foster care be reviewed at least once every ...

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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.

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Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View
Download (PDF - 463KB)

Year Published:

2009 - 66 pages

All States, the District of Columbia, Guam, the Northern Mariana Islands, and Puerto Rico have statutes or regulations requiring background investigations of prospective foster and adoptive parents and all adults residing in their households. In most States, the background investigation includes a check of Federal and State criminal records. Most States also require checks of child abuse and neglect registries. States may deny approval of a foster care license or adoption application if any adult in the household has been convicted of certain crimes. Summaries of laws for all States and U.S. territories are included.

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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.

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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.

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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 ...

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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.

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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.

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Establishment and Maintenance of Central Registries for Child Abuse Reports : Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View
Download (PDF - 310KB)

Year Published:

2008 - 35 pages

Every State has developed procedures for maintaining records of child abuse and neglect. Most States maintain some sort of central registry, which is a centralized database of child abuse and neglect investigation records. Approximately 42 States, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. territories of American Samoa and Guam have statutorily created central registries. Registries in other States, however, may be maintained as a matter of administrative or agency policy rather than statutory mandate and are beyond the scope of this publication. While a majority of States have statutes authorizing the establishment of a central ...

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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.

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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.

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Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View
Download (PDF - 174KB)

Year Published:

2008 - 21 pages

In order for States to be eligible to receive Federal grants under the Child Abuse Prevention and Treatment Act (CAPTA), they are required to establish provisions for immunity from liability for individuals making good faith reports of suspected or known instances of child abuse or neglect. The term "good faith" refers to the assumption that the reporter, to the best of his or her knowledge, had reason to believe that the child in question was being subjected to abuse or neglect. Even if the allegations made in the report cannot be fully substantiated, the reporter is still provided with immunity. ...

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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.

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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, ...

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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 ...

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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.

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Online Resources for State Child Welfare Law and Policy

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View
Download (PDF - 349KB)

Year Published:

2009 - 38 pages

Provides links to websites where State statutes and regulations can be accessed and lists the parts of each State and territory's code that contain laws addressing child protection, child welfare, and adoption.

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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 ...

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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.

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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 ...

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Post-adoption 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.

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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. ...

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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.

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Representation of Children in Child Abuse and Neglect Proceedings: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View
Download (PDF - 605KB)

Year Published:

2009 - 86 pages

This product examines State requirements for appointing guardians ad litem or attorneys to represent the best interests of children who are involved in child abuse and neglect proceedings. Summaries of laws for all States and U.S. territories are included.

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Review and Expunction of Central Registries and Reporting Records: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View
Download (PDF - 502KB)

Year Published:

2008 - 39 pages

Records of child abuse and neglect reports are maintained by State child protection or social services agencies to aid in the investigation, treatment, and prevention of child abuse cases and to maintain statistical information for staffing and funding purposes. In many States, these records and the results of investigations are maintained in databases, often known as central registries. Following an investigation, States classify child abuse records in a variety of ways, depending on the State statutory language. The term "unsubstantiated" is used to describe situations in which an investigation has been unable to determine the occurrence of abuse or neglect. ...

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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

Discusses the rights of the alleged fathers of children born out-of-wedlock and whether States have registries for such fathers. Summaries of laws for all States and US territories are included.

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Standby Guardianship: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View
Download (PDF - 256KB)

Year Published:

2008 - 38 pages

This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship. The print version of this resource is current through July 2008.

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State Recognition of Inter-country 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.

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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 ...

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Who May Adopt, Be Adopted, or Place a Child for Adoption? : Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View
Download (PDF - 326KB)

Year Published:

2009 - 36 pages

This briefing reviews State laws regarding parties to an adoption. Statutes dealing with who may adopt, be adopted, and may place a child for adoption are identified for each State, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S Virgin Islands.

Return Key Issues

 

State Statutes
>>
Searchable Database<<
Child Welfare Information Gateway
30+ titles in the series are organized under the categories of Child Abuse and Neglect, Child Welfare and Adoption
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Find your Legislative Representative
 for any state. The link provided will give you a visual location of exactly who is your representative in your area: Click Here
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Protect your Rights
Know Your Constitution

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Researhing Statutes is
Not an Easy Task
BUT Nesessary

Current Through May 2011
To access the statutes for a specific State or territory, visit the State Statutes Search.

This publication 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.
(PDF - 354 KB)
Table of Contents
Introduction
State Statutes
State Policy and Regulation
Other Considerations
Summary of State Resources

~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Justia Index

Return to Key Terms
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