Laws and Legislation/Programs to Know Flashcards
Title VI of Civil Rights Act of 1964
-no one can be discriminated against due to race/color/national origin
-desegregated schools/public buildings
-all agencies required to receive federal funds to terminate discriminatory hiring practices
Older Americans Act of 1965
-provides programs/services to elderly
-established Administration on Agency (AoA) which advocates for older adults, educates public on elderly’s needs and work with Area Agencies on Aging to plan/develop/coordinate services
-AoA gives grands to AAAs to fund programs/services
Child Abuse Prevention and Treatment Act of 1974
-key federal legislation for addressing child abuse/neglect
-establish National Center on Child Abuse and Neglect; responsible for helping state/local communities identify/prevent/treat abuse and neglect, appropriates federal funds to do this
-required states to create agency to investigate allegations of abuse, create reporting system, pass law protecting kids from abuse
The Family Educational Rights and Privacy Act (FERPA) of 1974; Buckley Amendment
-intended to protect privacy of educational records to all schools receiving federal funds
-law gives parents, students, former students who are 18+ and at high level of schooling to inspect and review all educational records maintained by school and request inaccurate records corrected
-school must have written consent to release school record info without certain specific reason
-school can disclose directory info unless specifically requested not to
-parents and students must be notified of rights
Public Law 94-142/Education for Handicapped Kids Act of 1975
-guarantees free, appropriate education emphasizing special education for kids 3-21
-defined as mentally retarded, hard of hearing, deaf, speech impaired, visual handicap, seriously emotionally disturbed, orthopedic impairment, health related, specific learning
-create IEP to create goals and plans, educated in least restrictive environment
Indian Child Welfare Act of 1978 (ICWA)
-gives native tribes jurisdiction over child welfare cases involving a native child, to protect integrity of native families-hierarchical procedure for placement; verify ethnic/tribal identity, allow tribal jurisdiction, if tribe rejects jurisdiction place with family member or with family in same tribe
-last resort is placing child in family outside of tribe
The Adoption Assistance and Child Welfare Act of 1980
-addresses family preservation efforts to keep family together, decrease out of home placement
-prioritizes reunification or family adoption if removed
-requires cases have more regular review and make reasonable effort to keep family together/reunify
-requires that kids in foster care seen every 6 months
-provides adoption subsidy from federal government for kids with complex needs/disabilities
Omnibus Budget Reconciliation Act (OBRA) of 1981
-created community service bloc grant funds
-grants for social services, community services, DA/MH services, maternal/child services, community health, primary health care, preventative health services
Family Support Act of 1988
-welfare reform act, intended to reduce barriers to recipients can replace welfare with jobs
-requires states to create job opportunity and basic skills program to provide work skills training and education
-required sates to provide essential supportive services (childcare, transportation, etc)
Americans with Disabilities Act (ADA) of 1990
-prevent discrimination based on disabilities, amend language of Civil Rights Act of 1964
-requires covered, reasonable accommodations at work and imposes accessibility requirements
-provides protection from discrimination in 4 areas; employment, access to public services, access to transportation, telecommunication services
-provides legal recourse in cases of discrimination
Patient Self Determination Act (PSDA) of 1991
-established federal requirement to implement advanced directives policies at all healthcare facilities that get Medicaid/Medicare funding
-requires that patients notified of their rights to make health care decisions, need to ask/document about advanced directives
Family and Medical Leave Act (FMLA) of 1993
-requires employers to provide up to 12 weeks of unpaid job protected leave to eligible staff
-eligible if worked there at least 1 year, for 1240 hours over last 12 months and if theres at least 50 employees in 75 miles
-employee must provide medical certification and give 30 days notice
-health coverage must be maintained by employer and job returned
Multiethnic Placement Act (MEPA) of 1994 and 1996 Provision on Removal of Barriers to Interethnic Adoption
-laws passed to increase adoption rates of kids of color and decrease time they spend in foster care
-previously adoptions delayed to match race of kid and family
-applies to agencies that get federal aid
Violence Against Women Act (VAWA) of 1994 as Title IV of the Violent Crime Control and Law Enforcement Act
-provides grants to fight violence against women at state/local levels
-hoped to develop and strengthen law enforcement and prosecution strategies and services for survivors
-STOP grants program (services, training, officers, prosecuters)
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
-created block grant program-TANF (ended Aid to Families with Dependent Children, AFDC)
-states no longer need to match funds to get federal money, but need to have maintenance of effort with spending
-no one is entitled to welfare, need to participate in work activity within 2 years of starting and limited to 5 years in the program
-if refuses work, state can limit or remove assistance to family (including medicaid) unless they can’t find/afford childcare (removed guarantee that child care will be provided)
-minors who are parents don’t qualify unless they live in adult supervised setting and go to school
