Federal Child Welfare Legislation Flashcards
Requirements for receiving federal funding under CAPTA
- Mandatory child abuse reporting
2. Appointment of trained GAL for child
Permissible uses of CAPTA funds
- Child abuse prevention programs
- Abuse report investigations
- Case management and services
- Training
Prerequisite to receiving funding under Social Security Act Titles IVB and IVE
Comprehensive state plan with specific provisions
Uses of IVB and IVE funds
- Foster care
- Prevention and family preservation services
- Court improvement
- Adoption subsidies funded in eligible cases
What is the paramount concern under ASFA
Child’s health and safety
What does ASFA require prior to removing a child from the home
The agency must make reasonable efforts to maintain the child in the family
- Services aimed at preventing unnecessary removal - Explore alternatives to placement (consider removing the danger, not the child)
When are reasonable efforts not required under ASFA
- Aggravated circumstances
- Conviction of certain crimes
- TPR of another child
What does ASFA require with respect to case plans
Agency must establish a detailed case plan including:
- Description of child’s placement
- Schedule of services for child and family
- Independent living plan for children 16+
- Permanency plan (goal) (If not reunification, the musti include a description of the reasonable efforts made or why not needed)
Hearings and reviews required under ASFA
- Case reviews required every 6 months
- Permanency planning hearing (annual permanency hearing) at least every 12 months during foster care
- Usually requires TPR action if the child has been in foster care for 15 of the most recent 22 months
- Concurrent planning permitted
Exceptions to ASFA requirements to file TPR after 15 months in foster care
- At the option of the State, the child is being cared for by a relative
- Documented compelling reason for determining that TPR would not be in the best interests of the child
- Reunification services have not been provided although reasonable efforts were required
What is MEPA-IEP
Multiethnic Placement Act/Interethnic Adoption Provisions
What does MEPA-IEP provide
- Prohibits discrimination on the basis of race, color, or national origin in foster care licensing and foster and adoptive placements
- Prohibits delay in placement
- Requires recruitment of ethnically diverse foster and adoptive placements
- Provides a private enforcement cause of action
How does MEPA-IEP affect ICWA priorities
It does not supplant ICWA priorities
What does the Chafee Act (Foster Care Independence Act) provide for
- Independent living programs for foster youth
- Optional medicaid coverage for former foster youth 18-21
- Assistance to youth who aged out of foster care
- Financial, housing, counseling, employment assistance
- education and training vouchers
What is Chafee Act (Foster Care Independence Act) funding contingent on
States providing various services to youth, foster and group homes, and case workers
What does the Fostering Connections Act provide regarding funding
- Provides Title IVE funding for certain youth in state foster care from ages 18-21
- Permits Indian tribes to access Title IVD funds directly by submitting a plan for delivery of child welfare services
- Increases adoption subsidies for special needs and older foster children
What does the Fostering Connections Act provide regarding notice to and placement with relatives
- Identification of and notice to relatives within 30 days from child’s removal
- Permits subsidized kinship guardianships
- Permits case-by-case waivers of non-safety related licensing rules for kinship placements
- Preference for keeping siblings together
What does the Fostering Connections Act provide regarding education
Educational stability where in the child’s best interest; federal reimbursement for travel to pre-placement school
What does the Fostering Connections Act provide with respect to medical care
Foster children must have medical service plans, with continuity of medical care and records
What does the Fostering Connections Act provide with respect to transition planning for emancipation
There must be a transition plan during the 90 days prior to emancipation from foster care
Which children does the Indian Child Welfare Act apply to
- “Indian child” - unmarried person under 18 who:
- is a member of a tribe, OR
- is eligible for membership AND the child of a tribal member (eligibility in the sole judgment of the tribe)
- Must be a federally recognized tribe or Native Alaskan Village
Which proceedings does ICWA apply to
Proceedings for foster care placement, TPR, adoptive, or preadoptive placement
How is jurisdiction determined under ICWA
- Exclusive tribal jurisdiction if:
- Child is domiciled on the reservation
- Child is a ward of the tribal court
- In all other cases, concurrent jurisdiction with transfer to tribal court except:
- parental veto
- good cause to the contrary
- All cases involving Indian children require notice and right to intervene for the child
What are the standards of proof required under ICWA
- Foster care placement (removal): clear and convincing evidence
- TPR: beyond a reasonable doubt
What type of efforts are required by the agency/state in cases under ICWA
“Active” efforts (contrast reasonable efforts in all other cases)
What type of expert testimony is required in ICWA cases
Expert testimony of likely serious emotional or physical damage to the child
Foster placement preferences under ICWA
Unless order is changed by the tribe or good cause:
- Member of extended family
- Foster home licensed or approved by the tribe
- Indian foster home licensed by non-Indian licensing authority
Adoption placement preferences under ICWA
Unless order is changed by the tribe or good cause:
- Member of extended family
- Member of child’s tribe
- Member of another Indian tribe
