State Laws & Statutes Search
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You can find any and all information regarding the Federal Laws,
Policies and Legislation pertaining to Child Welfare at this site.

 

http://www.acf.hhs.gov/programs/cb/ = Administration for Children & Families (ACF), Children’s Bureau

 

 

The Following is from:  Child Welfare Information Gateway http://www.childwelfare.gov/

 

Online Resources for State Child Welfare Law and Policy

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

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Download Publication (PDF - 472 KB)

Year Published:

2007 - 31 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.

 

Online State Statutes Series

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- 1 pages

 

This flier provides an overview of the Online State Statutes Series available from Child Welfare Information Gateway. It lists the 36 titles available in the Series in the categories of Child Abuse and Neglect, Child Welfare, and Adoption and provides information on how to access the online database.

 

Parental Drug Use as Child Abuse

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

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Download Publication (PDF - 180 KB)

Year Published:

2006 - 4 pages

 

Abuse of drugs or alcohol by parents and other caretakers can have a negative impact on the health , safety, and well-being of children. Approximately 42 States, the District of Columbia, and Guam currently have laws within their child protection statutes that address the issue of substance abuse by parents. Two main areas of concern are (1) the harm caused by prenatal drug exposure and (2) the harm caused to children of any age by exposure to illegal drug activity in the home. The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place ...

 

Parental Drug Use as Child Abuse: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

Download Publication (PDF - 306 KB)

Year Published:

2006 - 28 pages

 

Abuse of drugs or alcohol by parents and other caretakers can have a negative impact on the health, safety, and well-being of children. Approximately 42 States, the District of Columbia, and Guam currently have laws within their child protection statutes that address the issue of substance abuse by parents. Two main areas of concern are (1) the harm caused by prenatal drug exposure and (2) the harm caused to children of any age by exposure to illegal drug activity in the home. The Child Abuse Prevention and Treatment Act (CAPTA) requires states to have policies and procedures in place to ...

 

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:

Download Publication (PDF - 200 KB)

Year Published:

2007 - 23 pages

 

Placement of Children With Relatives

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

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Download Publication (PDF - 152 KB)

Year Published:

2005 - 2 pages

 

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 non-related caregiver when determining placement for a child, provided that the relative caregiver meets all relevant state child protection standards." Each state defines "relative" differently. However, the main requirements for placement are that the relative be "fit and willing," able to ensure the child's safety, and able to meet the child's needs. This publication provides an overview of State laws regarding preference to relatives, financial support, and adoption by relatives.

 

Placement of Children With Relatives: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

Download Publication (PDF - 663 KB)

Year Published:

2005 - 32 pages

 

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 non-related caregiver when determining placement for a child, provided that the relative caregiver meets all relevant State child protection standards." Several States require relatives to undergo a criminal background check that may include all adult members of the household, and several States have established "kinship care" or "relative caregiver" programs by statute to provide relatives with benefits to offset the cost of caring for a placed child. Current through February 2005, this ...

 

Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

Download Publication (PDF - 308 KB)

Year Published:

2005 - 42 pages

 

Postadoption contact agreements, sometimes referred to as cooperative adoption or open adoption agreements, are arrangements that allow some kind of contact between a child's adoptive family and members of the child's birth family after the child's adoption has been finalized. These arrangements can range from informal, mutual understandings between the birth and adoptive families to written, formal contracts. Agreements for postadoption contact or communication have become more prevalent in recent years, due to several factors: -- There is wider recognition of the rights of birth parents to make choices for their children -- Many adoptions involve older children, such as ...

 

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:

Download Publication (PDF - 368 KB)

Year Published:

2006 - 45 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." Federal law has long required State agencies to ...

 

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

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

Download Publication (PDF - 331 KB)

Year Published:

2005 - 36 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. ...

 

The Rights of Presumed (Putative) Fathers

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

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Download Publication (PDF - 136 KB)

Year Published:

2007 - 5 pages

 

Discusses the rights of the alleged fathers of children born out-of-wedlock and whether States have registries for such fathers.

The Rights of Presumed (Putative) Fathers: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

Download Publication (PDF - 925 KB)

Year Published:

2007 - 102 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.

 

Standby Guardianship

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

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Download Publication (PDF - 169 KB)

Year Published:

2005 - 4 pages

 

This briefing reviews State laws regarding standby guardianship. Statutes dealing with 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 are identified for each State, the District of Columbia, and five territories. The print version of this resource is current through May 31, 2003.

 

Standby Guardianship: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

Download Publication (PDF - 619 KB)

Year Published:

2005 - 42 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 May 2005.

 

State Regulation of Adoption Expenses

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

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Download Publication (PDF - 173 KB)

Year Published:

2005 - 3 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.

 

State Regulation of Adoption Expenses: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

Download Publication (PDF - 341 KB)

Year Published:

2005 - 42 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 document provides general information on birth parent expenses, agency fees and costs, use of an intermediary, and reporting adoption-related expenses to the court. Specific ...

 

Use of Advertising and Facilitators in Adoptive Placements

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View Publication
Download Publication (PDF - 183 KB)

Year Published:

2006 - 4 pages

 

All States permit the placement of children for adoption by agencies, either publicly sponsored agencies, such as a department of the State government, or private child- placing agencies that have been licensed by the State. Many people choose to adopt, and many 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 from the United States and avoid the often years-long waiting lists of adoption agencies. The challenge for prospective adoptive parents ...

 

Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

Download Publication (PDF - 273 KB)

Year Published:

2006 - 25 pages

 

All States permit the placement of children for adoption by agencies, either publicly sponsored agencies, such as a department of the State government, or private child- placing agencies that have been licensed by the State. Many people choose to adopt, and many 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 from the United States and avoid the often years-long waiting lists of adoption agencies. The challenge for prospective adoptive parents ...

 

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

Series Title:

State Statutes

Author(s):

Child Welfare Information Gateway

Availability:

View Publication
Download Publication (PDF - 175 KB)

Year Published:

2006 - 3 pages

 

This briefing reviews State laws regarding parties to an adoption. General information dealing with who may adopt, who may be adopted, and who may place a child for adoption is identified. In order for an adoption to take place, a person available to be adopted must be placed in the home of a person or persons eligible to adopt. All States, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands have laws that specify which persons are eligible as adopting parents and which persons can be adopted. In addition, all States, the ...

 

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:

Download Publication (PDF - 302 KB)

Year Published:

2006 - 36 pages

 

This briefing reviews State laws regarding parties to an adoption. Statutes dealing with who may adopt, who may be adopted, and who may place a child for adoption are identified for each State, the District of Columbia, and five territories. Previous title: Parties to an Adoption : Summary of State Laws.

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