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You are here: Home > General Resources > Legal Issues and Laws > Statutes-at-a-Glance
Statutes-at-a-Glance
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The following Clearinghouse publications provide summaries of State laws
covering specific child welfare issues. You may visit the State Statutes Search to
find out how your state addresses legal issues pertaining to child welfare.
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Access to Family Information by Adopted Persons
In nearly all States, adoption records are sealed and withheld from public inspection after the adoption is finalized. Most States, therefore, have procedures by which parties to an adoption may obtain nonidentifying and identifying information about an adopted person and the adopted person's birth relatives from an adoption record. This resource, current through June 2004, provides definitions of nonidentifying and identifying information, an overview of who may access such information, and information about access to original birth certificates.
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Central Registries/Reporting Records : Establishment and Maintenance
Every State has developed procedures for maintaining records of child abuse and neglect. Most States maintain some sort of central registry, which is a centralized computerized database of child abuse and neglect investigation records. Approximately 42 States, the District of Columbia, and the U.S. Territories of American Samoa, Guam, and Puerto Rico have statutorily created central registries. Current through August 2003, this report summarizes the text of these statutes, including information on the establishment, purpose, contents, and maintenance of each State's central registry.
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Central registry/reporting records expungement
Current through July 2003, this report summarizes state laws regarding central registries and the expungement of records. Requirements for the classification of reports, timelines for expungement, and conditions are identified, if available, for all states and territories and the District of Columbia.
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Clergy as Mandatory Reporters of Child Abuse and Neglect
A mandatory reporter is a person who is required to report suspected cases of child abuse and neglect. Many States include members of the clergy among the professionals specifically mandated by those States' reporting laws to report known or suspected instances of child maltreatment. This report discusses and defines this legal responsibility, privileged communications, and presents a chart summarizing how States have or have not addressed the issue of clergy as mandated reporters and/or clergy-penitent privilege within their reporting laws.
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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
Requirements regarding collection of information about those involved in an adoption differ from State to State. Each State establishes its own guidelines regarding who can collect information and what kinds of information may be collected regarding the child to be adopted, the birth parents, and the adoptive parents. This document, current through July 2003, summarizes these State statutes.
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Consent to Adoption
This briefing reviews State laws regarding consent to adoption. Statutes dealing with who must consent, consent of minors, when parental consent is not needed, when and how consent can be executed, and revocation of consent are identified for each State, the District of Columbia, and five territories. The print version of this resource is current through December 31, 2002.
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Court Jurisdiction and Venue for Adoption Petitions
Adoption is a legal process for making a child a permanent member of a family other than the child's birth family. This legal process falls under the jurisdiction of a court of law in the State where the adoption occurs. This resource, current through March 1, 2004, explains jurisdiction and venue. Examples of jurisdiction are also provided.
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Decision-making for the Permanent Placement of Children
The Adoption and Safe Families Act of 1997 (P.L. 105-89) amended Title IV-E of the Social Security Act in an effort to provide added safety and permanency for children in foster placement. This legislation has served as the impetus to efforts to reform child welfare practices in most States. An emphasis is placed on the health and safety of children, as well as on expediting and improving planning and decision-making for the permanent placement of children in the child welfare system. Federal law (42 U.S.C. 675(5)(B)) requires that the status of each child in foster care be reviewed at least ...
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Definitions of Child Abuse and Neglect
Current through January 2003, this report summarizes state laws regarding the definition of child abuse and neglect. Standards for what constitutes abuse, exemptions such as corporal punishment and cultural practices, and categories of abuse such as physical abuse, neglect, and sexual abuse are identified for all 50 states, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands.
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Disclosure of Confidential Records
This report summarizes state laws regarding the protection of confidential child abuse and neglect records. The review includes a table that identifies the agencies and individuals permitted by each state to access records, such as the courts, law enforcement, physicians, attorneys, employers, review teams, and the public.
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Federal Title IV-E and State Adoption Assistance
Children with special needs may qualify for adoption assistance (also called "adoption subsidy"), which is paid to adoptive families to help them defray expenses related to their child's need for ongoing therapies or treatment. There are two major funding sources of adoption assistance (subsidy): the Federal Title IV-E program under the Social Security Act and State programs, which vary from State to State. Current through June 2004, this publication provides general information on eligibility and limitations for, and termination or modification of adoption subsidies.
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Grounds for Termination of Parental Rights
This briefing reviews state laws regarding the termination of parental rights. Grounds for termination, time limits, reasonable efforts, and consideration of child's best interest are identified for each state.
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Infant Safe Haven Laws
Infant safe haven legislation has been enacted as an incentive for mothers in crisis to safely relinquish their babies to a safe haven where the baby will be protected and provided with medical care until a permanent home can be found. Safe haven laws generally allow the parent, or an agent of the parent, to remain anonymous and to be shielded from prosecution for abandonment or neglect in exchange for safely surrendering the baby to a safe haven. Current through September 2003, this report summarizes state laws regarding infant safe haven legislation. It includes statutory information for each state such ...
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Intestate Inheritance Rights
Issues of property distribution may arise when a birth parent or adoptive parent dies without making a valid will or without naming an heir to particular property (referred to as "intestacy"). In these cases, State law determines who may inherit from whom. All 50 States and the Territories of the United States specify an adopted child's rights of inheritance from and through the adoptive and biological parents. Current through July 2003, this document sets forth the laws of each State and Territory regarding intestate succession as it affects adopted children.
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Mandatory Reporters of Child Abuse and Neglect
Current through June 2003, this report summarizes state laws regarding mandatory reporters of child abuse and neglect. Individuals required to report, standards for making a report, and privileged communications are identified, if available, for all 50 states, 5 territories, and the District of Columbia.
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Parties to an Adoption
This briefing reviews State laws regarding parties to an adoption. General information dealing with who may adopt, who may be adopted, and who may place a child for adoption is identified. Gay and lesbian adoption is addressed briefly. The print version of this resource is current through March 2004.
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Placement of Children with Relatives
In order for States to receive Federal payments for foster care and adoption assistance, Federal law requires that they "consider giving preference to an adult relative over a non-related caregiver when determining placement for a child, provided that the relative caregiver meets all relevant State child protection standards." Several States require relatives to undergo a criminal background check that may include all adult members of the household, and several States have established "kinship care" or "relative caregiver" programs by statute to provide relatives with benefits to offset the cost of caring for a placed child. Current through June 30, 2003, ...
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Presumed (Putative) Fathers
This briefing reviews State laws regarding putative father registries. Statutes dealing with registry/paternity requirements to receive notice of termination of parental rights or adoption proceedings, information contained in aregistry/claim, revocation of information, and access to information are identified for each State, the District of Columbia, and five territories. The print version of this resource is current through December 31, 2002.
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Reasonable Efforts to Reunify Families
Reasonable efforts refers to efforts made by State social services agencies to provide the assistance and services needed to preserve and reunify families. Nearly all of the States have enacted statutes requiring the provision of services that will assist families in remedying the conditions that brought the child and family into the child welfare system. This report, current through September 2003, summarizes these statutes, providing information for each State on how they define "reasonable efforts," when reasonable efforts are required, and when they are not required.
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Resources for State Adoption Statutes
This briefing provides information on how to obtain full-text copies of pertinent State adoption statutes, including legal citations, contact information and fees to order print copies, and, when available, web site addresses for specific State statutes online. Information is provided for all 50 States, the District of Columbia, and 4 territories.
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Reporting Penalties
Current through July 2003, this report summarizes state laws regarding failure to report and false reports. Penalties for failure to report and penalties for false reports are identified, if available, for 50 states, 4 territories, and the District of Columbia.
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Reporting Procedures
All 50 States, the District of Columbia, and the U.S. Territories have enacted statutes specifying procedures that a mandatory reporter must follow when making a report of child abuse or neglect. Current through June 2003, this publication, summarizes their reporting procedures, individual and agency responsibilities, and special reporting procedures, including those for suspicious deaths and drug-exposed infants.
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State Regulation of Adoption Expenses
This briefing reviews State laws regarding the regulation of adoption expenses. Regulations for birth parent expenses, payments for arranging adoptions, payments for relinquishing a child, fees charged by a department or adoption agency, and accounting of expenses required by the court are identified for each State, the District of Columbia, and five territories. The print version of this resource is current through December 31, 2002. 1 table.
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Standby Guardianship
This briefing reviews State laws regarding standby guardianship. Statutes dealing with how to establish a standby guardian, who can nominate a standby guardian, how the guardian's authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship are identified for each State, the District of Columbia, and five territories. The print version of this resource is current through May 31, 2003.
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Summary of Laws Regarding International Adoptions Finalized Abroad: 50 States and 5 U.S. Territories
This resource provides information regarding intercountry adoption law in the 50 States, the District of Columbia, and 5 territories. Twenty-six States and one territory grant recognition to foreign adoption decrees. In 17 States, re-adoption is allowed by statute. Eighteen States, the District of Columbia, and 4 U.S. territories do not address intercountry adoption in their statutes. 1 table.
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A Service of the Children's Bureau, Administration for Children and Families,
U.S. Department of Health and Human Services
For more information, contact:
National Clearinghouse on Child Abuse and Neglect Information
330 C Street, SW
Washington, DC 20447
Phone: (800) 394-3366 or (703) 385-7565
Fax: (703) 385-3206
E-mail: nccanch@caliber.com
Updated on October 26, 2004 by webmaster_nccanch@caliber.com.
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