FOSTER CARE AND ADOPTION
Adoption of Children
FEBRUARY 1993
RESOLVED, that the American Bar Association urges the United States Congress to enact legislation providing incentives to encourage individuals throughout the country to adopt juveniles. Such incentives should include:
a. The allowance of reasonable tax deductions or tax credits for qualified adoption expenses incurred for the adoption of juveniles designated by state or local child welfare agencies as having "special needs."(More...)
Adoption by Gay and Lesbian Adults
FEBRUARY 1999
RESOLVED, that the American Bar Association supports the enactment of laws and implementation of public policy that provide that sexual orientation shall not be a bar to adoption when the adoption is determined to be in the best interest of the child.
Child Welfare Federal Act Enhancements
AUGUST 1988
BE IT RESOLVED, that the American Bar Association supports amendments in the federal Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272) that would strengthen the role of the Legal system in planning for children in foster care and ensure better and more consistent services for children, as follows:
(a) The Act should be amended to require states to establish a set of preventive and reunification services that will be provided on a consistent, state-wide basis. (More...)
Child Welfare Federal & State Law Reform
FEBRUARY 1997
RESOLVED, that the American Bar Association reaffirms its policy, as adopted by the House of Delegates in August 1980, to support increased efforts that prevent, identify, and treat child abuse and neglect through the federal Child Abuse Prevention and Treatment Act, and also its policy to support the federal Adoption Assistance and Child Welfare Act with improvements, as adopted by the House of Delegates in both August 1980 and August 1988.
FURTHER RESOLVED, that the American Bar Association reaffirms its commitment to legal system reform to help assure safe and permanent homes for abused, neglected, and abandoned children, including the protection of children within their nuclear or extended families, the reunification of families when safe, and quick placement in new, permanent homes, through such options as adoption or guardianship.
FURTHER RESOLVED, that the American Bar Association supports enactment of federal and state legislation to study and address barriers to permanency, including adoption, for abused, neglected, and abandoned children.
Education Access for Homeless & Foster Youth
AUGUST 2004
RESOLVED, That the American Bar Association supports uninterrupted educational access and stability for homeless children and youth as well as children and youth placed by public agencies in out-of-home settings
FURTHER RESOLVED, That the American Bar Association urges the United States Department of Education to provide an interpretation of "awaiting foster care placement" under Subtitle VII-B of the McKinney-Vento Act (42 U.S.C. §§11431 et seq.) that will include children and youth placed by public agencies in interim, emergency, or short-term placements to assure such children and youth in temporary out-of-home settings have uninterrupted educational access. (More...)
Foster Care Reform
AUGUST 2005
RESOLVED, That the American Bar Association urges Congress, the States and territories to enact and/or adopt the following laws and policies, consistent with recommendations of the national bipartisan May 2004 Pew Commission on Children In Foster Care, for improving outcomes for abused and neglected children under dependency court jurisdiction:
(a) All dependent youth should be on equal footing with other parties in the dependency proceeding and have the right to quality legal representation, not simply an appointed lay guardian ad litem or lay volunteer advocate with no legal training, acting on their behalf in this court process; (More...)
Foster Care Safety
AUGUST 1990
BE IT RESOLVED, that the American Bar Association supports and reaffirms
(i) the rights of children removed from parental custody and placed by governmental agencies in foster care homes licensed and regulated by state and local governments to be protected from abuse, physical violence, and sexual assault while in foster custody, (More...)
Joint and Second Parent Adoptions
AUGUST 2003
RESOLVED, That the American Bar Association supports state and territorial laws and court decisions that permit the establishment of legal parent-child relationships through joint adoptions and second-parent adoptions by unmarried persons who are functioning as a child’s parents when such adoptions are in the best interests of the child.
Kinship Care Legal Reform
FEBRUARY 1999
RESOLVED, That the American Bar Association encourages states and territories to establish guidelines for courts, child welfare service agencies, and participating attorneys to follow when abused, neglected, and abandoned children are placed in kinship care, and for use in the provision of services to kinship providers for such children, based upon the following: (More...)
Native American Children & Federal Foster Care Support
AUGUST 2001
RESOLVED, That the American Bar Association urges congress to amend Part E of Title IV of the Social Security Act to provide equitable access for foster care and adoption services for Indian children under tribal court jurisdiction.
Timely Interstate Placements
AUGUST 2003
RESOLVED, That the American Bar Association encourages state, local, and territorial officials to recognize the need for the timely disposition of requests for approval of interstate placements, the importance of cooperation between and among state, local and territorial officials responsible for seeking and granting approval of such placements, and the harm suffered by children when unnecessary delays occur in the approval of interstate placements;
FURTHER RESOLVED, That the American Bar Association supports ongoing, continuing legal education, concerning "best practices" principles, for judges, lawyers, and social workers in accordance with the Interstate Compact on the Placement of Children
FURTHER RESOLVED, That the American Bar Association urges federal, state and territorial governments to evaluate and improve laws, policies, procedures and practices governing the interstate placement of children and the jurisdiction of a juvenile or family court or as a result of proceedings associated with child abuse, neglect, delinquency, adoption, or guardianship.
Youth Transitioning From Foster Care
RESOLVED, That the American Bar Association urges Congress and state and territorial legislatures to enact laws that provide youth in foster care full access, up to 21, to independent and transitional living services and health care, and
FURTHER RESOLVED, That the American Bar Association urges state and territorial legislatures to permit the extension of jurisdiction of dependency courts over youth transitioning from foster care until age 21, when appropriate, to ensure that youth have access to the court, and to legal and social services through the court, and to fully implement the provisions of the federal Foster Care Independence Act, including implementation of the Medicaid expansion option, and
FURTHER RESOLVED, That the American Bar Association work to ensure that youth transitioning out of foster care have access to competent counsel who can advocate for necessary services and safeguards.
