Policy - Major Child Welfare Laws

CAPTA sets forth national guidelines for states to deal with reports of child abuse and neglect, including definitions and mandatory reporting. Provides grants to states for child abuse prevention and treatment programs, as well as discretionary funding for demonstration projects and research. This is the statute that requires the appointment of a Guardian ad Litem in cases of abuse and neglect. The requirement states:

…in every case involving an abused or neglected child which results in a judicial proceeding, a guardian ad litem, who may be an attorney or a court appointed special advocate (or both), shall be appointed to represent the child in such proceedings –
(I) to obtain first-hand, a clear understanding of the situation and needs of the child; and
(II) to make recommendations to the court concerning the best interests of the child

CAPTA amendments of 2003 require that the GAL attorney or CASA volunteer shall have training appropriate to their role. Language was also included that explains CASA training is an appropriate activity for CAPTA state funding.

Approved by Congress in 1997, this law stresses that the child’s health and safety is of paramount concern, and sets new time frames to move children more quickly toward permanent placement. Services to reunify families funded under Title IV-B should not extend beyond 15 months. A petition to terminate parental rights shall be filed for parents whose child has been in foster care for 15 of the last 22 months. Case plans and case reviews must consider the child’s safety. Encourages dual planning for children in foster care, i.e., planning efforts to reunify the child with his family concurrently with efforts to place a child in an adoptive family or with a legal guardian.

Also required the Secretary of Health and Human Services (HHS) to develop outcome measures, and a rating system, to assess states’ performance in child protection and child welfare programs. The Child and Family Service Reviews are the result of this mandate.

This law expands funding to states and improves upon federal programs for youth transitioning from foster care. The centerpiece of this legislation is the establishment of the John H. Chafee Independent Living Program. Provides funding to states to assist youth (up to age 21) aging out of foster care to provide educational, vocational, practical, and emotional services and supports. For youth in foster care on their 18th birthday, states have the option to extend their Medicaid coverage up to age 21.

This act provides the largest federal funding stream for child welfare services, the Title IV-E entitlement program. States are reimbursed for services that they provide children in foster care, provided the child’s family qualifies for TANF, based upon 1996 eligibility criteria. Training for child welfare staff, foster and adoptive parents, and some child welfare agency administrative costs can also be reimbursed. Also created subsidies for the adoption of children with special needs.

Approved by Congress in 1978 to preserve Native American families. ICWA regulates how states must handle cases of abuse and neglect, and adoption, involving Native American children. State courts must give placement preference first to extended families, then to foster families in the child’s own tribe, and finally to foster families of another tribe. Tribal courts may request transfer of jurisdiction from the state court to the tribal court. State courts and child welfare agencies should always make inquiry to determine if the child is Native American.

First passed in 1994, agencies that receive federal assistance are prohibited from delaying or denying the placement of a child in foster care or adoptive setting solely on the basis of race, color, or national origin of the foster/adoptive parent, or the child. Promotes diligent efforts to expand the number of racilally and ethnically diverse foster and adoptive parents.

This is the federal law, originally approved in 1986, that guarantees a free, appropriate public education for children with disabilities or developmental delays. Funding is provided to states to assist with special education and related services. Children need to be evaluated to determine eligibility, and a written plan – the Individualized Education program (IEP) – should identify the services and supports that will be provided to meet the child’s needs, as well as educational goals for the child.

IDEA amendments in 2004 seek to improve educational opportunities for children in foster care. The amendments promote communication among child welfare, school and judicial systems, and that the child’s education needs are considered by the judge and the child welfare system in making decisions. Judges should assure that a specific individual has been appointed to advocate for the child’s educational needs. Delays are eliminated in enrolling children in new schools or transferring school records when students move because of a new placement, as the new school must immediately enroll the child, and honor the existing IEP until a new assessment and plan can be developed.

Authorizes funding for National CASA to award and administer a grants program to state and local CASA programs and communities to expand CASA advocacy; also to provide training and technical assistance to the CASA network. To accomplish this, funding was authorized at $12 M through FY 2005. In 2005, National CASA is seeking authorization of $24 million through FY 2010, and authority for CASA programs to request criminal background checks through the FBI National Crime Information Center.

The Adoption and Safe Families Act gave courts added responsibilities and tighter time frames for handling abuse and neglect cases, but failed to provide the necessary resources to comply. SANCA was approved by Congress in 2000 to address that gap. It provides grants to courts to develop computerized case tracking systems, to reduce caseloads, and to expand CASA advocacy in underserved areas. The Act authorized a total of $25 million, yet only $2 million was ever appropriated by Congress. The 2004 recommendations of the Pew Commission on Children in Foster Care include provisions first addressed in SANCA.

Prepared by M. Carmela Welte, Deputy CEO National CASA Association
January, 2005

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