Child Welfare: Recently Enacted Changes in Federal Policy (CRS Report for Congress)
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| Release Date |
Nov. 15, 2007 |
| Report Number |
RL34252 |
| Report Type |
Report |
| Authors |
Emilie Stoltzfus, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
Summary:
This report summarizes changes enacted in federal child welfare policy during the 109th Congress. Most federal child welfare programs are authorized in Title IV-B and Title IV-E of the Social Security Act, and the bulk of the changes enacted amended programs in those parts of the law. These programs include Child Welfare Services, Promoting Safe and Stable Families, Court Improvement, and Foster Care and Adoption Assistance. Legislation amending these programs is typically reported by the House Ways and Means and Senate Finance Committees, and the programs are administered within the U.S. Department of Health and Human Services (HHS). Changes made to the Court-Appointed Special Advocates (CASA) program (Subtitle B of the Victims of Child Abuse Act), which were included in legislation reported by the House and Senate Judiciary committees, are also discussed. That program is administered within the Department of Justice (DOJ).
The changes enacted affect a broad spectrum of child welfare policies, ranging from who are eligible children and what are eligible costs for which states may claim reimbursement under the Title IV-E Foster Care and Adoption Assistance program to the provision of new support for services to children affected by a parent or caretaker's abuse of methamphetamine or other substances and to required collaboration between child welfare agencies and courts. The recently enacted laws also added a number of specific new requirements for state child welfare agencies. With regard to children in foster care, each state must have in place new or revised policies or procedures related to (1) the quality and quantity of caseworker visits; (2) consultation with medical professionals on health treatment; (3) placement of children across state lines; (4) verification of citizenship or immigration status; and (5) background checks of prospective foster and adoptive parents. Further, states are required to have in place policies or procedures enabling the agency to continue providing necessary services during a disaster.
The child welfare provisions of the seven laws providing for these changes are discussed in this report in order of their enactment. These laws are the Fair Access to Foster Care Act of 2005 (P.L. 109-113), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162), the Deficit Reduction Act of 2005 (P.L. 109-171), the Safe and Timely Interstate Placement Act of 2006 (P.L. 109-239), the Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248), the Child and Family Services Improvement Act of 2006 (P.L. 109-288), and the Tax Relief and Health Care Act of 2006 (P.L. 109-432). This report will not be updated.
