SUMMARIES OF FEDERAL LAWS, RULES & REGULATIONS
SOCIAL SECURITY ACT OF 1935(http://www.ssa.gov/history/35act.html) / The Social Security Act (Act of August 14, 1935) [H. R. 7260]
An act to provide for the general welfare by establishing a system of Federal old-age benefits, and by enabling the several States to make more adequate provision for aged persons, blind persons, dependent and crippled children, maternal and child welfare, public health, and the administration of their unemployment compensation laws; to establish a Social Security Board; to raise revenue; and for other purposes.
CHILD ABUSE AND PREVENTION AND TREATMENT ACT (CAPTA) of 1974 and 2003
(https://www.childwelfare.gov/pubPDFs/about.pdf) / CAPTA provides Federal funding to States in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations, including Indian Tribes and Tribal organizations, for demonstration programs and projects. Additionally, CAPTA identifies the Federal role in supporting research, evaluation, technical assistance, and data collection activities; established the Office on Child Abuse and Neglect; and mandates Child Welfare Information Gateway. CAPTA also sets forth a minimum definition of child abuse and neglect
· http://childlaw.sc.edu/doc/CAPTA.pdf
· https://www.childwelfare.gov/pubPDFs/about.pdf
· http://nlihc.org/article/40-years-ago-child-abuse-prevention-and-treatment-act-passed
· http://www.ccrwf.org/wp-content/uploads/2009/07/ccrwf-federalstatecwslawssummary-june2009.pdf
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC) of 1974 and 2006 (SAFE & TIMELY)
(http://calswec.berkeley.edu/) / The Interstate Compact on the Placement of Children (ICPC) is a uniform law enacted by all 50 states, the District of Columbia and the U.S. Virgin Islands. California became a compact member January 1, 1975.
The ICPC is a set of articles designed to ensure that children who are placed across state lines for foster care or adoption and/or for placements with relatives and Non-Relative Extended Family Members (NREFMs) receive services and protection in the other state. It is the set of laws and regulations for sending a child from one state (sending state) to another state (receiving state) with information about the proposed placement and giving both states the opportunity to assess the safety and suitability of the proposed placement and ensure that the placement is in the child’s best interest before placement is made.
The ICPC establishes both procedures and responsibilities for those placements.
· http://www.aphsa.org/content/AAICPC/en/ICPCRegulations.html
· http://www.aphsa.org/content/dam/AAICPC/PDF%20DOC/Home%20page/IM-Safe_and_Timely.pdf
INDIAN CHILD WELFARE ACT (ICWA) of 1978
(http://www.nicwa.org/indian_child_welfare_act/) / The Indian Child Welfare Act (ICWA) is a federal law that seeks to keep American Indian children with American Indian families. Congress passed ICWA in 1978 in response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies. The intent of Congress under ICWA was to "protect the best interests of Indian children and to promote the stability and security of Indian tribes and families" (25 U.S.C. § 1902). ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe.
ICWA is an integral policy framework on which tribal child welfare programs rely. It provides a structure and requirements for how public and private child welfare agencies and state courts view and conduct their work to serve tribal children and families. It also acknowledges and promotes the role that tribal governments play in supporting tribal families, both on and off tribal lands. However, as is the case with many laws, proper implementation of ICWA requires vigilance, resources, and advocacy.
· http://www.narf.org/nill/documents/icwa/
· http://www.tribal-institute.org/lists/chapter21_icwa.htm
· http://www.un.org/esa/socdev/unpfii/documents/The%20Indian%20Child%20Welfare%20Act.v3.pdf
· http://www.bia.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm
MULTI-ETHNIC PLACEMENT ACT (MEPA) of 1994
(http://www.childsworld.ca.gov/pg1313.htm) / The Multiethnic Placement Act (MEPA) of 1994 and the Interethnic Adoption Provisions (IEP) of 1996 arefederal laws that govern how foster and adoption placement decisions involving race, color or national origin (RCNO) are considered.They wereimplementedto removebarriers to permanency for the vast number of children in the child welfare system. The purposes of MEPA-IEP are to:
· Reduce the length of time that children wait to be adopted
· Facilitate the diligent recruitment and retention of foster and adoptive families
· Eliminate discrimination on the basis of the race, color, or national originof either the prospective parent or the child
Foster care or adoption placement agencies receiving Title IV-B or Title IV-E funds shall:
· Not deny any individual the opportunity to become a foster or adoptive parent based upon the RCNO of the parent or the child
· Not delay or deny a child’s foster care or adoptive placement based on theRCNO of the parent orchild
· Consider diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of children for whom foster and adoptive homes are needed
· Recruit foster and adoptive parents of all RCNO backgrounds
o http://www.hhs.gov/ocr/civilrights/resources/specialtopics/adoption/mepatraingppt.pdf
o http://www.americanbar.org/content/dam/aba/administrative/child_law/GuidetoMultiethnicPlacementAct.authcheckdam.pdf
o http://calswec.berkeley.edu/multiethnic-placement-act-mepa-interethnic-adoptions-provisions-iap-version-10
ADOPTIONS AND SAFE FAMILIES ACT (ASFA) of 1997
(http://www.pbs.org/wgbh/pages/frontline/shows/fostercare/inside/asfa.html) / Some of the law's provisions include:
1. Agencies and courts may forgo the "reasonable efforts" mandate previously in force -- where states were required to make "reasonable efforts" to prevent the removal of children from their homes and to reunite those who had been removed -- if a parent has abandoned their child, committed murder or voluntary manslaughter, been convicted of a felony assault, or previously had their parental rights terminated.
2. States must file a termination of parental rights (TPR) petition if a child has been in foster care for 15 of the most recent 22 months. Courts can exempt cases from this requirement if the child is in a relative's home, if "reasonable efforts" at reunification were not made, or if there is a compelling reason that TPR wouldn't be in the best interests of the child.
1. As an incentive to move more children out of foster care, states are eligible to receive up to $4,000 in federal funds for each foster child adopted beyond a baseline number, and $6,000 for each additional special needs child who is adopted
· http://www.gpo.gov/fdsys/pkg/BILLS-105hr867enr/pdf/BILLS-105hr867enr.pdf
· http://www.naswdc.org/archives/advocacy/updates/1997/safeadop.htm
· http://www.pbs.org/wgbh/pages/frontline/shows/fostercare/inside/asfa.html
ADAM WALSH CHILD SAFETY & PROTECTION of 2006
(http://www.gpo.gov/fdsys/pkg/PLAW-109publ248/html/PLAW-109publ248.htm ) / This act was established to protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims.
· http://www.aphsa.org/content/dam/AAICPC/PDF%20DOC/Home%20page/Summary-Adam_Walsh_Act.pdf)
· http://www.ncsl.org/research/civil-and-criminal-justice/adam-walsh-child-protection-and-safety-act.aspx
· https://www.govtrack.us/congress/bills/109/hr4472/text
FOSTERING CONNECTIONS TO SUCCESS (AB12) of 2010 / The California Fostering Connections to Success Act was signed into law September 30, 2010 through Assembly Bill (AB) 12.This legislation recognized the importance of family and permanency for youth by extending payment benefits and transitional support services for Adoption Assistance Program (AAP), Kinship Guardianship Payment Assistance (Kin‐GAP) Program and Foster Care (http://www.childsworld.ca.gov/res/pdf/AB12FactSheet.pdf).
Foster youth will be able to maintain a safety net of support while experiencing independence in a secure and supervised living environment. Extended time as provided in the “non‐minor dependent” status can assist youth in becoming better prepared for successful transition into adulthood and self‐sufficiency through education and employment training opportunities Care (http://www.childsworld.ca.gov/res/pdf/AB12FactSheet.pdf).
AB1712 of 2013 / Offers the following changes to AB12:
1. Transfers approval of "Transitional Housing Placement (THP) Plus Foster Care" providers serving NMDs from counties to the state Dept. of Social Services, adds THP Plus Foster Care as a state licensing category, and authorizes DSS to develop licensing standards and issue related ACLs and emergency regulations.
2. Clarifies that the circumstances under which the best interest of a child or NMD may be considered prior to referral to the local child support agency include voluntary placements and minor children placed with a teen or NMD parent.
3. Clarifies the role of Court Appointed Special Advocates for NMDs (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1712_bill_20120216_introduced.pdf).
SUMMARIES OF STATE LAWS, RULES & REGULATIONS
AB458 (The California Foster Care Non-Discrimination Act), 2004 / “prohibits discrimination in the California foster care system on the basis ofactual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status”.
The law mandates initial and ongoing training for all group home administrators, foster parents, and department licensing personnel.
This important because This law is the first of its kind in the United States to explicitly include protections for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth and adults involved with the foster care system.
AB1856 (Providing Safe, Supportive homes for LGBTQ youth), 2012 / This law is important because it places emphasis on the fact that (all children) should be protected in placement, that they cannot be discriminated against in determining placement or while in placement, and established an accountability system for placement homes that violate this statute.
7