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Scales of Justice

National Child Welfare Resource Center on
Legal and Judicial Issues

A Service of the Children's Bureau

Federal Legislation

Child welfare law is primarily based in state, local, and tribal law, but these laws are strongly affected by federal and other national laws. Links and resources regarding major national legislation are provided below.

-The Child Welfare Information Gateway provides a searchable database for state child welfare laws.

-The National Indian Law Library provides information on tribal law including tribal child welfare.

Overview of Fostering Connections to Success and Increasing Adoptions Act of 2008

Summary and links to further information from the Children’s Bureau.

The Adoption and Safe Families Act of 1997 (ASFA)

ASFA contains comprehensive federal child welfare requirements and focuses national child welfare policy on safety, permanency, and well-being of children. The Act establishes requirements for child welfare practice in a wide variety of areas including permanency planning and timeframes, regular judicial review, reasonable efforts requirements, and results-based accountability. ASFA amended Titles IV-B and IV-E of the Social Security Act.

The Child Abuse Prevention and Treatment Act (CAPTA)

Amended most recently in 2003 by the Keeping Children and Families Safe Act, CAPTA provides guidelines and federal funding for child abuse and neglect prevention, investigation, treatment, and training. CAPTA also requires appointment of a Guardian Ad Litem in all child abuse and neglect proceedings.

Promoting Safe and Stable Families Act of 2001

Provides funding for a variety of child welfare services including for families in crisis to prevent removal and aid reunification or adoption, education for older youth who age out of foster care, and mentoring for children with an incarcerated parent.

The Foster Care Independence Act of 1999

Established the John H. Chafee Foster Care Independence Program. Provides guidelines and funding for states to help older children in foster care and those who age out of foster care with services aimed at achieving independence including education, employment, financial management, and housing.

The Indian Child Welfare Act (ICWA)

Provides requirements for child welfare cases involving Indian children and their parents. The Act aims to enhance protection for Indian children and families, promote tribal involvement, and preserve children's culture and identity.

The Multiethnic Placement Act

Under the Multiethnic Placement Act of 1994 as amended by the Interethnic Adoption Provisions of 1996 (MEPA-IEP) recipients of federal funding

  • may not delay or deny a foster or adoptive placement because of a child’s or a prospective parent’s race, color or national origin
  • may not deny anyone the opportunity to become a foster or adoptive parent because of their race, color or national origin, and
  • must make diligent efforts to recruit foster and adoptive parents that reflect the diversity of children in that state’s care.

A Guide to the Multi-Ethnic Placement Act by Joan Heifetz Hollinger and The National Resource Center on Legal and Court Issues.

The Interstate Compact on the Placement of Children (ICPC)

The ICPC is a law formed by agreement and enacted in state law by all 50 states, the District of Columbia, and the U.S. Virgin Islands. The ICPC governs placements of children for foster care and adoption across state lines.

Safe and Timely Interstate Placement of Foster Children Act of 2006

Established federal requirements for interstate placements including timeframes for the completion of home study reports. Also required court improvement programs to assess the court's role in interstate placements.

Adam Walsh Child Protection and Safety Act of 2006

Seeks to protect children from sexual and violent crimes; provisions include establishing a national registry of substantiated child abuse and neglect cases, requiring national crime information database checks for prospective foster or adoptive parents, and provides funding to promote enforcement of child pornography laws.

Children’s Bureau Information Memorandum

The Strengthening Abuse and Neglect Courts Act of 2000 (SANCA)

Sought to strengthen courts to better implement the goals of ASFA. The Act included funding for automated data collection and tracking of child abuse and neglect cases, to reduce backlog, and to expand the Court Appointed Special Advocate Program.