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Both federal and state laws and county-administered states establish the legal, regulatory, and fiscal responsibilities of child welfare agencies. Child welfare agencies are responsible, either directly or through providers, to obtain or provide a continuum of services and interventions to address child abuse and neglect and increase the well-being of children and families.
FEDERAL Level
The federal government develops and implements national child welfare policy by:
- Creating or amending federally funded child welfare programs through legislation passed by Congress and signed by the President,
- Providing guidance for the states and tribes by issuing regulations in response to Federal legislative mandates,
- Overseeing state and tribal performance through data collection and compliance reviews of each state and tribe to ensure that programs achieve positive outcomes for children and families, and by
- Reporting to Congress on state and tribal performance.
- The Federal government also allocates funds for child welfare and related programs to state, county, city, and tribal governments and public and private local agencies that meet federal requirements.
(*The Fiscal Management Module includes detailed information on federal and state funding streams.)
- For detailed information on how the Federal government creates child welfare programs: https://www.childwelfare.gov/pubPDFs/impacts.pdf
See page 9 of that publication for a flow chart of How Federal Legislation Impacts Child Welfare Service Delivery.
- The largest federally funded programs that support State and Tribal efforts for child welfare, foster care, and adoption activities are authorized under titles IV-B and IV-E of the Social Security Act.
- These programs are administered by the U.S. Department of Health and Human Services and include:
- Title IV-B Child Welfare Services,
- Promoting Safe and Stable Families (formerly known as Family Preservation) programs,
- Title IV-E Foster Care Program,
- Title IV-E Adoption Assistance Program,
- Title IV-E Chafee Foster Care Independence Program, and
- The Social Services Block Grant (SSBG) is authorized under title XX of the Act and funds a wide range of programs that support various social policy goals.
- For a timeline of child welfare legislation that has created federal programs, see the one page summary on page 2 of Major Federal Legislation Concerned with Child Protection, Child Welfare, And Adoption.
https://www.childwelfare.gov/pubPDFs/majorfedlegis.pdf
- TITLE IV-B
- Title IV-B, the Federal Child Welfare Services Program, is the major federal support for protective and preventive services for abused and neglected children and their families.
- TITLE IV-E
- Title IV-E, the Federal Foster Care and Adoption Assistance program, is the primary funding mechanism for children who have been placed in out-of-home care. Funds cover:
- out-of-home care costs such as state and local child welfare personnel training,
- caseworker services associated with placing children in foster care,
- out-of-home care maintenance payments,
- and support for youths who transition from out-of-home care to independent living.
- PUBLIC LAW 96-272
- The federal government passed the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272). P.L. 96-272 is in Title IV-B and Title IV-E of the Social Security Act. Its goals were to
- reduce unnecessary out-of-home care placements by requiring reasonable efforts to prevent placement,
- safely reunify children with their families when
possible, limit the time toward reunification, and
- place more children into adoptions when they cannot return home (Legislative Analyst’s Office, 1996).
- L. 96-272 established a federal adoption assistance program (AAP) to provide payments to parents who adopt special needs children.
- PUBLIC LAW 105-89
- In 1997, the Adoption and Safe Families Act (P.L. 105-89) identified that the safety of children is the primary goal of the child welfare service system and that children’s safety should not be compromised by the pressure to preserve or reunify families. To reduce the possibility that children would languish in foster care, the bill stated that:
- Child welfare workers must make reasonable efforts to reunify children with their parents for up to 12 months.
- There should be concurrent planning, i.e., the simultaneous exploration of family reunification and other permanency options.
- If after 12 months of services parents are unable to care for their children, child welfare agencies are encouraged to develop permanent placements for children including adoption or legal guardianship.
- States must file for termination of parental rights (TPR) if children have been in foster care for 15 of the most recent 22 months, except in certain circumstances, and expedite TPR in specific situations of severe harm inflicted on children.
- States must hold permanency planning hearings for children in care within 12 months of the child’s entry into care
- States must document efforts to find adoptive or other permanent placements for children, including placements with fit and willing relatives
- When making placement decisions, preference is given to adult relatives over nonrelative caregivers when relative caregivers meet all relevant State child protection standards
- MULTIETHNIC PLACEMENT ACT
- In 1994, Congress passed the Multiethnic Placement Act (MEPA) due to concern that racial matching policies were contributing to delays in placing children of color in adoptive homes.
- MEPA prohibited delaying or denying adoptive or foster care placements solely because of the race, color, or national origin of the adoptive parent, foster parent, or child involved.
- The law also required states to develop plans to diligently recruit potential adoptive and foster families that reflect the ethnic and racial diversity of children in the state needing adoptive and foster homes.
- MEPA did not exclude the consideration of race and ethnicity from all placement decisions. It expressly permitted agencies to consider the child’s background and the capacity of prospective adoptive or foster parents to meet the needs of a child of a particular background as one of several factors used to determine the best interest of the child (P.L.103-382, sec. 552).
STATE level
- CALIFORNIA WELFARE AND INSTITUTIONS CODE
- In response to Federal legislative mandates, policy, and/or funding requirements, states may enact statutes, and state and tribal child welfare agencies will develop programs. California has done this with federal child welfare laws.
- Every state has a compilation of statutory codes enacted by their legislature to address issues and services relating to welfare, dependent children, mental health, handicapped, elderly, delinquency, foster care, Medicaid, food stamps, rehabilitation, long-term care, etc.
- In California, this is called the Welfare and Institutions Code (WIC). Child welfare agencies provide child welfare and foster care services under Sections 300 et seq. and 16500 et seq. of the WIC.
- California Welfare and Institutions Code
https://codes.findlaw.com/ca/welfare-and-institutions-code/
- CALIFORNIA SENATE BILL 14
- In 1982, California enacted Senate Bill (SB) 14 incorporating policies consistent with P.L. 96-272 into state law. SB 14 goals were to:
- reduce unnecessary out-of-home care placements by providing treatment services to families,
- safely reunify children with their families,
- increase the stability of out-of-home care placements, and
- place more children into adoptive homes when appropriate (LAO, 1996).
- CALIFORNIA ASSEMBLY BILL 1524
- California passed Assembly Bill (AB) 1524 consistent with P.L. 105-89. With consideration for the developmental needs of very young children, this bill requires permanency planning to be completed sooner for children ages three or younger. In these cases, families have six months to progress toward reunification with their children or a permanency plan will be developed at the end of the six months.
- CALIFORNIA ASSEMBLY BILL 1743
- California passed AB 1743, consistent with MEPA, to eliminate placement preferences based on race and culture while retaining preference for placement with relatives.
LOCAL level
- All states must comply with Federal and state requirements; but there are differences in how child welfare services are administered locally. The different types of administration are related to the state’s degree of centralization of authority and responsibility for child welfare funding, policymaking, licensing, training for workers, etc.
- Most states are considered state administered, i.e., their services are centralized at the state government level.
- Several states, including California, are state-supervised and county administered. Program administration is decentralized. California counties administer their own child welfare programs. County administrators submit a plan to the state administrator, California Department of Social Services (CDSS), that describes how the county will provide services meeting state and federal guidelines. Counties decide and control how they will provide services.
- A few hybrid States are partially administered by the State and partially administered by counties.
- For more information: https://www.childwelfare.gov/pubs/factsheets/services
- In California, most counties have a county department or agency of human or social services which has a child welfare division that administers and provides local child welfare and foster care services under Sections 300 et seq. and 16500 et seq. of the California Welfare and Institutions Code. The major exception to that is Los Angeles where the county child welfare program is its own department. However, in every county, the county department is under the auspices of the County Board of Supervisors.
- At the local level, child welfare law is applied by the Juvenile Dependency Court of each county’s Superior Court. The judge or judicial officer may be “commissioner” or “referee.”, The court protects children who are abused or neglected, and decides legally whether a child is a “dependent” of the court which means that the child needs court supervision. If the child is a dependent of the court, the court decides whether or not to accept a child welfare worker’s recommendation that a child should remain at home, be placed with a substitute caregiver, return home, or be adopted or placed with a guardian. The judge’s ruling on a dependency case will include evaluating whether or not the child welfare services agency correctly implemented aspects of federal law.
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