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Federal and State Laws and Regulations

Federal laws and regulations provide overarching standards and guidelines for child protection, child welfare, and adoption; but each State has its own laws and regulations for child welfare matters. The following resources provide information on Federal and State laws and regulations related to the continuum of child welfare services.

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URL: https://www.childwelfare.gov/topics/management/administration/requirements/laws/

Immigration and Child Welfare Laws and Policies

(1 days ago) U.S. Immigration and Customs Enforcement (2018) Presents the policies and procedures when detaining parents and legal guardians of children, including placement, parent-child visits, coordinating the care or travel of the child, call center information, and more. The factsheet is also available in Spanish (PDF - …

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Laws & Policies

(1 days ago) Laws & Policies. Publications and resources related to State and Federal civil laws on child abuse and neglect, child welfare, and adoption. Federal laws provide standards and guidelines; however, these issues are primarily governed by State laws and regulations in the United States. Access the Child Welfare Information Gateway State Statutes

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Laws Related to Adoption

(9 days ago) Laws Related to Adoption. Federal legislation sets the framework for adoption in the United States, and States pass laws to comply with Federal requirements and become eligible for Federal funding. Thus, adoption is primarily regulated by State laws, and these laws vary from State to State. This section provides resources on adoption law and

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State Laws on Child Abuse and Neglect

(5 days ago) State Laws on Child Abuse and Neglect. All States have enacted laws and policies that define State roles and responsibilities in protecting vulnerable children from abuse and neglect. Issues addressed in statute include mandatory reporting, screening reports, proper maintenance and disclosure of records, domestic violence, and other issues.

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Federal Laws Related to Adoption

(3 days ago) The law also allows for certain vaccination exceptions for Convention adoptees. Major Federal Legislation Index and Search: Intercountry Adoption Act of 2000 (P.L. 106-279) Child Welfare Information Gateway. Describes the Intercountry Adoption Act of 2000, which implements the Hague Convention in the United States.

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Federal Laws Related to Permanency

(7 days ago) Federal laws and policies outline and provide guidance to States on the permanency planning requirements for children and youth served by child welfare agencies. The following resources address Federal laws that affect the permanency process in child welfare. Discusses the Indian Child Welfare Act of 1978, including requirements of the law.

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What is Child Welfare

(9 days ago) Law enforcement agents play a pivotal role in the prevention and investigation of child abuse and neglect while helping to make communities safer for children and families. Each State has requirements for when and how law enforcement and child welfare should interact. This guide

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State Laws on Reporting and Responding to Child Abuse and

(5 days ago) The issues discussed include the respective duties of child welfare and law enforcement agencies, training requirements, diversion of child victims from prosecution to appropriate services, the array of services provided, and ways of funding services and programs for victims. Summaries of laws for all States and U.S. territories are included.

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State Laws Related to Adoption

(1 days ago) State Laws Related to Adoption. Adoption is a legal process for creating families. This section includes information and resources regarding who can adopt and be adopted, consent to adoption, rights of presumed fathers, intercountry adoption, access to family …

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State Statutes Search

(8 days ago) State Statutes Search. Find information in the State Statutes database in two ways: Click on a title to read a brief introduction, or download a PDF of statutes for all States and territories. OR. Search the database to access the statutes for a specific State. You can select more than one State per search or more than one title per search.

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Legal Issues in Child Abuse and Neglect Cases

(8 days ago) Psychology, Public Policy, and Law, 20(1) Examines how attorneys question child witnesses in sexual abuse cases. The study looked at prosecutors' and defense attorneys' questioning and found that attorneys exhibited little sensitivity to the age of the child when choosing questions to ask.

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Parental Substance Use as Child Abuse

(1 days ago) This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law

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Access to Adoption Records

(3 days ago) This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

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Intestate Inheritance Rights for Adopted Persons

(2 days ago) This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law

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Child Witnesses to Domestic Violence

(Just Now) This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law

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Home Study Requirements for Prospective Parents in

(3 days ago) This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law

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Indian Child Welfare Act (ICWA)

(7 days ago) The Indian Child Welfare Act (ICWA) of 1978 is Federal law that governs the removal and out-of-home placement of American Indian children. The law was enacted after recognition by the Federal Government that American Indian children were being removed from their homes and communities at a much higher rate than non-Native children.

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Legal Issues in Adoption

(9 days ago) Adoption is primarily regulated through State laws, but there are multiple jurisdictions that oversee the legalization of adoptions, which varies from State to State, often depending on the type of adoption. Below, find resources and information, including State and local examples, about legal issues about the adoption of children. America Adopts!

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Federal Laws and Policies Addressing Human Trafficking

(1 days ago) The law also emphasizes the need for law enforcement to refer human trafficking victims to services instead of arresting, charging, or prosecuting them for offenses resulting from their victimization. Victims of Trafficking and Violence Protection Act of 2000 (PDF - 398 KB) Defines "severe forms of trafficking in persons" as the following:

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The Role of Law Enforcement in the Response to Child Abuse

(4 days ago) The Role of Law Enforcement in the Response to Child Abuse and Neglect, provides the foundation for the involvement of law enforcement agencies in combating the crime of child abuse and neglect. The manual is intended to be used primarily by local, State, tribal, and military law enforcement agencies.

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Infant Safe Haven Laws

(Just Now) other law enforcement agencies may accept infants in 25 States. 10. In five States, emergency medical personnel responding to 911 calls may accept an infant. 11. In addition, five States allow churches to act as safe havens, but the relinquishing parent must first determine that church personnel are present at the time the infant is left. 12

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State Laws Related to Permanency

(9 days ago) Promoting Permanency for Teens: A 50 State Review of Law and Policy Johnson, Speiglman, Mauldon, Grimm, & Perry (2018) National Center for Youth Law Explores State laws and policies for teens in foster care and their need for permanent connections to family, including birth family, adoptive family, relative caregivers, and more.

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Reasonable Efforts to Preserve or Reunify Families and

(8 days ago) This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law

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Mandatory Reporters of Child Abuse and Neglect

(6 days ago) Law enforcement officers Additional professionals who are mandated to report suspected or known maltreatment by some States include the following: Commercial film or photograph processors (12 States, Guam, and Puerto Rico) 3 4Computer technicians (in 6 …

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Penalties for Failure to Report and False Reporting of

(6 days ago) This factsheet discusses laws that impose penalties, in the form of fines, jail time, or both, on mandatory reporters who fail to report cases of suspected child abuse and neglect as required by the reporting laws. State laws also may impose penalties on any person who knowingly makes a false report of abuse or neglect. Summaries of laws for all States and U.S. territories are included.

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Court Hearings for the Permanent Placement of Children

(9 days ago) This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

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Role of Law Enforcement in Responding to Child Abuse and

(8 days ago) Law enforcement officers investigate to determine if a criminal law has been violated; identify and apprehend the offender; file criminal charges; and provide guidance and support to the child, family, and child welfare agencies involved. Outlines law enforcement considerations for an effective response to child abuse and neglect in the home

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State Laws on Protecting Children from Domestic Violence

(6 days ago) Provides State-by-State guides to legislative changes to laws addressing domestic and family violence that were made from 1995 through 2010. A Federally sponsored program to address the co-occurrence of domestic violence and child maltreatment. Resources include …

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Leaving Your Child Home Alone

(9 days ago) Some parents look to the law for help in deciding when it is appropriate to leave a child home alone. Only three States currently have laws regarding a minimum age for leaving a child home alone: Illinois, 14 years old; Maryland, 8 years old; and Oregon, 10 years old. Many States’ child protection laws classify “failing to provide adequate

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Background Checks for Prospective Foster, Adoptive, and

(Just Now) This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law

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Reasonable Efforts to Preserve or Reunify Families and

(8 days ago) State law. The definition of aggravated circumstances may include, but is not limited to, abandonment, torture, chronic abuse, and sexual abuse. The parent committed murder of another child of the parent. The parent committed voluntary manslaughter of another child of the parent. The parent aided or …

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Fostering Connections to Success and Increasing Adoptions

(9 days ago) ABA Child Law Practice, 32(3) View Abstract Provides a brief overview of the provisions for Native American Tribes in the Fostering Connections Act, as well as general judicial considerations for implementation and questions to ask from the bench to help ensure compliance with the law

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Responding to Child Victims of Human Trafficking

(Just Now) Provides an overview of State laws related to how States must respond to meet the needs of children who have been subjected to sex trafficking. The issues discussed include the respective duties of child welfare and law enforcement agencies, training requirements, diversion of child victims from prosecution to appropriate services, the array of services provided, and ways of funding services

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Determining the Best Interests of the Child

(3 days ago) Illinois law provides a list of the factors that, within the context of the child's age and developmental needs, "shall be considered" in determining best interests. Similarly, the District of Columbia requires that courts consider each factor listed in its best interests statute in making such decisions. In the

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Kinship Guardianship as a Permanency Option

(Just Now) This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law

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Reasonable and Active Efforts, and Substance Use Disorders

(4 days ago) • States: A number of states have codified ICWA into state law. Prior to the issuance of the 2016 BIA regulations, many states courts provided guidance through case law about active efforts requirements. This case law may change as new appeals are heard and the 2016 guidelines are applied.

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Supporting Youth in Foster Care Through the Pandemic

(2 days ago) If the youth or young adult you work with is under the age of 27 and spent time in foster care after the age of 14, they may be eligible for pandemic relief funds to get financial support with rent or mortgage payments, utility bills, car loans, groceries, or other basic needs. Use the following Federal resources to get more information.

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How the Child Welfare System Works

(7 days ago) law enforcement to respond to certain types of maltreatment, such as sexual or physical abuse. To learn more about child maltreatment and State-by-State information about civil laws related to child abuse and neglect, visit Information Gateway's What Is Child Abuse and Neglect? Recognizing the Signs and Symptoms, Definitions of Child Abuse and

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Cross-Reporting Among Agencies That Respond to Child Abuse

(6 days ago) Discusses State laws that authorize cross-reporting and information sharing among the agencies that must respond to reports of suspected child abuse or neglect. Typically, reports are shared among social services agencies, law enforcement departments, and prosecutors' offices. Other requirements also are addressed, including notifying military authorities when a report involves a member of a

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About CAPTA: A Legislative History

(1 days ago) This factsheet summarizes the legislative history and purpose of the Child Abuse Prevention and Treatment Act (CAPTA), the key Federal legislation addressing child abuse and neglect. CAPTA was originally enacted in P.L. 93-247 and was most recently amended on January 7, 2019, by the Victims of Child Abuse Act Reauthorization Act of 2018 (P.L. 115-424).

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The Rights of Presumed (Putative) Fathers: Summary of

(2 days ago) solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and: » If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage or within 300 days after the termination of the attempted marriage.

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Reunification: Bringing Your Children Home From Foster Care

(4 days ago) Federal law requires States to establish a “permanency plan” for each child in foster care (meaning, a plan for where the child will live when they leave foster care— whether they go home to their family [reunification], live permanently with a relative [kinship care], or are placed for adoption). Permanency plans also include services

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Definitions of Child Abuse and Neglect

(7 days ago) State Law State civil laws define the conduct, acts, and omissions that constitute child abuse or neglect that must be reported to child protective agencies. For this publication, statutes defining child abuse were collected from all 50 States, the District of Columbia, American Samoa, Guam, the

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The Foundation for Practice

(1 days ago) (CPS) agencies, along with law enforcement, play a central role in receiving and investigating reports of child maltreatment. To protect children from harm, CPS also relies on community members to ientify d and report suspected cases of child maltreatment, including physical abuse, sexual abuse, neglect, and psychological matreatment.

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Mandatory Reporters of Child Abuse and Neglect: Summary of

(9 days ago) law, and informal practices and procedures. 9 ThestatutesinAlaska,Arizona,Delaware,Idaho,Maryland,Massachusetts,New Hampshire, Rhode Island, Virginia, West Virginia, Wyoming, and the Virgin Islands do not specifically protect reporter identity but do provide for confidentiality of records in general.

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Intestate Inheritance Rights for Adopted Persons

(2 days ago) (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 person’s right to …

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Responding to Child Victims of Human Trafficking

(Just Now) law enforcement when they determine that a child in their custody is a trafficking victim. 5. Training Requirements. The Justice for Victims of Trafficking Act of 2015 (P.L. 114-22) requires training for child protective services workers and authorizes specialized training programs for law enforcement officers, first responders, health-

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