Time for Reform FIX THE FOSTER CARE LOOKBACK ACKNOWLEDGMENTS
The Pew Charitable Trusts would like to thank the following individuals and organizations for their assistance, including Dr. Elliott Smith, associate director of Cornell University's National Data Archive on Child Abuse and Neglect, for completing and verifying all the new data analyses included within; Mary Bissell and Jennifer Miller of ChildFocus for their assistance with writing and research; Madelyn Freundlich for her editing and research assistance; Marlene Cimons for her writing and editing assistance; and the following individuals for their review and comment: Pauline Abernathy, deputy director, Health and Human Services division, The Pew Charitable Trusts; Gina Russo, Kids are Waiting communications manager; Don Schmid, Title IV-E consultant; Steve Christian, National Conference of State Legislatures; Dr. Mark Testa and Melinda Lis, Children and Family Research Center, University of Illinois at Urbana-Champaign; David Simmons, National Indian Child Welfare Association; Jaia Petersen-Lent, Generations United; Joe Kroll and Mary Boo, North American Council on Adoptable Children; Tom Atwood and Jennifer Cole, National Council for Adoption; Carol Emig and Rob Geen, Child Trends; all of the individuals who provided quotations or consent to use quotations from other publications or venues; and all of those who willingly shared their experiences to inform this report. Marci McCoy-Roth, program officer with The Pew Charitable Trusts, was responsible for guiding the development, research and writing of this report. The views expressed here represent those of the Trusts and not necessarily of the individuals acknowledged above. The report was designed by Freedom by Design, Inc. The children pictured on the cover are models and the photo is being used for illustrative purposes only. The image is licensed from Getty Images. Time for Reform FIX THEFOSTER CARELOOKBACK Thousands of foster children and the states responsible for them are losing the critical help they need from the federal government. In 1998, 53 percent of the children in foster care were eligible for federal support, but, by 2005, the percentage had declined to 46 percent—an estimated 35,000 fewer eligible foster children. The number eligible for federal financial assistance is projected to continue to decline by approximately 5,000 children each year. 1 The decrease in the number of children eligible for federal foster care has translated into an estimated $1.9 billion loss in federal foster care support to the states between 1998 and 2004.2 Because states are required by federal law to protect children from harm and provide foster care services when necessary, states must make up the difference. And as states devote more of their resources to foster care, fewer funds are available to provide the range of other services children and families need.
Read More at :http://74.6.238.254/search/srpcache?ei=UTF-8&p=-+Don+Schmid%2C+National+Title+IV-E+Financing+Consultan&fr=crmas&u=http://cc.bingj.com/cache.aspx?q=-+Don+Schmid%2c+National+Title+IV-E+Financing+Consultan&d=4863908910990140&mkt=en-US&setlang=en-US&w=895f8b9b,526d6d81&icp=1&.intl=us&sig=4m2ztwt5vltoEIgeJSd9dQ--
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Saturday, April 9, 2011
FOSTER CARE FUNDING (STATISTICS INCLUDED)
FOSTER CARE FUNDING (STATISTICS INCLUDED) *REPOST*
Wednesday, January 6, 2010
This was sent to me from someone else who did an excellent job!
*The foster care statistics referenced in this post are located at the end of this post. They are from various sources that are cited alongside each statistic*
Over the past few days I have done nothing but research statistics, over, and over, and over again! My brain hurts and considering the fact that I don't do math all that well, it’s been a challenge to say the least. Most required calculating in order to provide the statistics in numbers people could really understand. Initially I started researching statistics for a civil lawsuit that I will be filing against Sacramento County, DHHS, CPS, William R. Ridgeway Family Court, judges, social workers, and numerous others. The list of defendants is far too long to list right now. I also needed the statistics for my Non-Profit Organization.
Relating to that, there have been many articles in the Sacramento Bee about the fact that CPS is losing all of their funding, the State of CA is not giving them money, and terrifying people by telling them children will be in more danger because there won't be enough people to ensure child safety! AMAZING!!!! However, since I was lucky enough to be researching statistics, it became clear to me that Sacramento County DHHS/CPS is crying wolf just so they have another excuse for their incompetency! A way out so they still don't have to be accountable for the issues that have come up through the many investigations into Sacramento County CPS.
The Child Welfare League of America provided the following numbers for the most recent studies:
California received $1,795,256,381 (nearly 1.8 BILLION) in federal funds divided into the following categories:
70.8% was from Title IV-E Foster Care and Adoption Assistance
13.9% was from TANF (a.k.a. WELFARE-food stamps, cash aid)
9.9% was from the Social Services Block Grant
4.2% was from Title IV-B CWS Promoting Safe & Stable Families
1.8% was from Medicaid
1% was from other federal services
That means that the State of CA received $1,271,041,517 (nearly 1.3 BILLION) in federal dollars from Title IV-E Foster Care and Adoption assistance. To fully understand the problematic issues with this, you would need to understand how States qualify for Foster Care and Adoption Assistance funds. A bill was passed in 1997, which provides this money to the Department of Social Services in the amount of $4000- $6000 for each child they get adopted out! But wait...there’s more! In the book WARNING The Truth about CPS, Don Lyons explains that it’s “just a starting figure in a complex mathematical formula in which each bonus is multiplied by the percentage that the state has managed to exceed its baseline adoption number. The states must maintain this increase in each successive year. [Like compound interest.]”. Basically it means that each year the state has to exceed the number of adoptions from the previous year in order to receive these funds. WHAT?
When I first began to understand how it worked, I had to sit back and let it settle with me. I had such a hopeless feeling and the only thing flashing in my mind was the old quote "MONEY IS THE ROOT OF ALL EVIL". Well yes, of course it is! Then I realized our government is not immune to greed...especially during tough economic times when funding for programs is dramatically cut! Another quote came to mind soon after that. "THE ROAD TO HELL IS PAVED WITH GOOD INTENTIONS". I have no doubt that this bill was passed with good intentions. The need to get children adopted into permanent families is very important for a child instead of rotating them from numerous foster homes, group homes, etc. For children that were removed from their homes because legitimate allegations, finding them a permanent home and family is an amazing thing. However, in my opinion, nobody really looked at the huge holes in this bill. The simple fact that they need to exceed their baseline adoptions for the fiscal year, creates a child mill in which more and more children must enter the system each year in order to increase the number of adoptions out of foster care.
The bill that was passed includes a technical support assistance section "to assist State and local communities to reach their targets for increased numbers of adoptions”. It goes on to say the support is for “the development of best practice guidelines for expending the termination of parental rights…the development of special units and expertise in moving children toward adoption as a permanent goal; [and] models to encourage the fast tracking of children who have not attained one year of age into pre-adoptive placements without waiting for termination of parental rights.” By implementing these policies they are putting a bounty on the heads of American children…your children! CPS and DHHS are denying parents rights and setting parents up for failure before they walk out of your home with your child in hand. Without knowledge of their rights, parents have no chance to protect themselves AND their children until it’s too late.
The Nation Center for Policy Analysis says it best: “The way the federal government reimburses States [actually] rewards a growth in the size of the program instead of the effective care of children.”
I often hear people upset about “lazy parents” that don’t take care of their kids and live off the “system” with taxpayers’ dollars. However, it is clear by the funding figures I provide above, that only 13% of funding is from TANF (aka Welfare). It is also amazing that 70.8% is for foster care and adoption assistance, but only 4.2% is to promote safe and stable families. Perhaps if our government promoted family preservation instead of family destruction it would make crime rates go down, decrease inmate population, decrease the homeless population, decrease unemployment rates, and decrease the amount of welfare recipients, it would probably decrease the amount of children that are abused and/or neglected. I’m just saying that if you look at the statistics in the previous blog post, my theory may very well be a real possibility.
*I’ve included the foster care statistics below.
Foster Care Statistics
· 80% of the US prison inmate population was in the foster care system (US Dept. of Justice, 2005)
· 70% of California's inmates have been in the foster care system (Sacramento Bee article by John Burton [chairman of the CA Democratic Party and chairs the John Burton Foundation for Children Without Homes)
· Children are 11 times more likely to be abused in State care that they are in their own homes. (National Center on Child Abuse and Neglect [NCCAN])
· 90% increase of children and youth in the US foster care system since 1987. (Casey Family Programs National Center for Resource Family Support *CASEY FOUNDATION*)
· 3 out of 10 of the nations homeless are former foster children. (Casey Foundation*)
· Children in foster care are 3 to 6 times more likely to have emotional, behavioral, and developmental problems including:
· Conduct disorders
· Depression
· Difficulties in school
· Impaired social relationships
(Casey Foundation*)
· Approximately 30% of foster children have marked or severe emotional problems. (Casey Foundation*)
· Children and youth in foster care tend to have limited education and job skills and perform poorly in school compared to children NOT in care. (Casey Foundation*)
· Children in foster care lag behind their education by at LEAST one year and have lower educational attainment than the general population. (Casey Foundation*)
· Children in foster care are 5.25 times more like to die as a result of abuse than children in the general population. (CPS Watch Inc.)
· 2.1 % of ALL CHILD FATALITIES took place in foster care.
**Since "state care is supposed to be a 'safe-haven', the number of fatalities should have been less than the child fatalities of the general population (less than 0.4%). However, child fatalities that occurred while in foster care were 5.25 times greater than that amount." (CPS Watch Inc.)
Wednesday, January 6, 2010
This was sent to me from someone else who did an excellent job!
*The foster care statistics referenced in this post are located at the end of this post. They are from various sources that are cited alongside each statistic*
Over the past few days I have done nothing but research statistics, over, and over, and over again! My brain hurts and considering the fact that I don't do math all that well, it’s been a challenge to say the least. Most required calculating in order to provide the statistics in numbers people could really understand. Initially I started researching statistics for a civil lawsuit that I will be filing against Sacramento County, DHHS, CPS, William R. Ridgeway Family Court, judges, social workers, and numerous others. The list of defendants is far too long to list right now. I also needed the statistics for my Non-Profit Organization.
Relating to that, there have been many articles in the Sacramento Bee about the fact that CPS is losing all of their funding, the State of CA is not giving them money, and terrifying people by telling them children will be in more danger because there won't be enough people to ensure child safety! AMAZING!!!! However, since I was lucky enough to be researching statistics, it became clear to me that Sacramento County DHHS/CPS is crying wolf just so they have another excuse for their incompetency! A way out so they still don't have to be accountable for the issues that have come up through the many investigations into Sacramento County CPS.
The Child Welfare League of America provided the following numbers for the most recent studies:
California received $1,795,256,381 (nearly 1.8 BILLION) in federal funds divided into the following categories:
70.8% was from Title IV-E Foster Care and Adoption Assistance
13.9% was from TANF (a.k.a. WELFARE-food stamps, cash aid)
9.9% was from the Social Services Block Grant
4.2% was from Title IV-B CWS Promoting Safe & Stable Families
1.8% was from Medicaid
1% was from other federal services
That means that the State of CA received $1,271,041,517 (nearly 1.3 BILLION) in federal dollars from Title IV-E Foster Care and Adoption assistance. To fully understand the problematic issues with this, you would need to understand how States qualify for Foster Care and Adoption Assistance funds. A bill was passed in 1997, which provides this money to the Department of Social Services in the amount of $4000- $6000 for each child they get adopted out! But wait...there’s more! In the book WARNING The Truth about CPS, Don Lyons explains that it’s “just a starting figure in a complex mathematical formula in which each bonus is multiplied by the percentage that the state has managed to exceed its baseline adoption number. The states must maintain this increase in each successive year. [Like compound interest.]”. Basically it means that each year the state has to exceed the number of adoptions from the previous year in order to receive these funds. WHAT?
When I first began to understand how it worked, I had to sit back and let it settle with me. I had such a hopeless feeling and the only thing flashing in my mind was the old quote "MONEY IS THE ROOT OF ALL EVIL". Well yes, of course it is! Then I realized our government is not immune to greed...especially during tough economic times when funding for programs is dramatically cut! Another quote came to mind soon after that. "THE ROAD TO HELL IS PAVED WITH GOOD INTENTIONS". I have no doubt that this bill was passed with good intentions. The need to get children adopted into permanent families is very important for a child instead of rotating them from numerous foster homes, group homes, etc. For children that were removed from their homes because legitimate allegations, finding them a permanent home and family is an amazing thing. However, in my opinion, nobody really looked at the huge holes in this bill. The simple fact that they need to exceed their baseline adoptions for the fiscal year, creates a child mill in which more and more children must enter the system each year in order to increase the number of adoptions out of foster care.
The bill that was passed includes a technical support assistance section "to assist State and local communities to reach their targets for increased numbers of adoptions”. It goes on to say the support is for “the development of best practice guidelines for expending the termination of parental rights…the development of special units and expertise in moving children toward adoption as a permanent goal; [and] models to encourage the fast tracking of children who have not attained one year of age into pre-adoptive placements without waiting for termination of parental rights.” By implementing these policies they are putting a bounty on the heads of American children…your children! CPS and DHHS are denying parents rights and setting parents up for failure before they walk out of your home with your child in hand. Without knowledge of their rights, parents have no chance to protect themselves AND their children until it’s too late.
The Nation Center for Policy Analysis says it best: “The way the federal government reimburses States [actually] rewards a growth in the size of the program instead of the effective care of children.”
I often hear people upset about “lazy parents” that don’t take care of their kids and live off the “system” with taxpayers’ dollars. However, it is clear by the funding figures I provide above, that only 13% of funding is from TANF (aka Welfare). It is also amazing that 70.8% is for foster care and adoption assistance, but only 4.2% is to promote safe and stable families. Perhaps if our government promoted family preservation instead of family destruction it would make crime rates go down, decrease inmate population, decrease the homeless population, decrease unemployment rates, and decrease the amount of welfare recipients, it would probably decrease the amount of children that are abused and/or neglected. I’m just saying that if you look at the statistics in the previous blog post, my theory may very well be a real possibility.
*I’ve included the foster care statistics below.
Foster Care Statistics
· 80% of the US prison inmate population was in the foster care system (US Dept. of Justice, 2005)
· 70% of California's inmates have been in the foster care system (Sacramento Bee article by John Burton [chairman of the CA Democratic Party and chairs the John Burton Foundation for Children Without Homes)
· Children are 11 times more likely to be abused in State care that they are in their own homes. (National Center on Child Abuse and Neglect [NCCAN])
· 90% increase of children and youth in the US foster care system since 1987. (Casey Family Programs National Center for Resource Family Support *CASEY FOUNDATION*)
· 3 out of 10 of the nations homeless are former foster children. (Casey Foundation*)
· Children in foster care are 3 to 6 times more likely to have emotional, behavioral, and developmental problems including:
· Conduct disorders
· Depression
· Difficulties in school
· Impaired social relationships
(Casey Foundation*)
· Approximately 30% of foster children have marked or severe emotional problems. (Casey Foundation*)
· Children and youth in foster care tend to have limited education and job skills and perform poorly in school compared to children NOT in care. (Casey Foundation*)
· Children in foster care lag behind their education by at LEAST one year and have lower educational attainment than the general population. (Casey Foundation*)
· Children in foster care are 5.25 times more like to die as a result of abuse than children in the general population. (CPS Watch Inc.)
· 2.1 % of ALL CHILD FATALITIES took place in foster care.
**Since "state care is supposed to be a 'safe-haven', the number of fatalities should have been less than the child fatalities of the general population (less than 0.4%). However, child fatalities that occurred while in foster care were 5.25 times greater than that amount." (CPS Watch Inc.)
The Child Protective Services Improvement Act -
The Child Protective Services Improvement Act -
The Child Protective Services Improvement Act (H.R. 1534) was introduced on April 1, 2003, by Representatives Ben Cardin (D-MD), George Miller (D-CA), Charles Rangel (D-NY), Pete Stark (D-CA), Carl Levin (D-MI), and Jim McDermott (D-WA). This comprehensive legislation provides new resources to address the needs of abused and neglected children and improve the system designed to protect and care for them.
advertisement
H.R. 1534 provides new funding to help states implement strategies to expand and improve their child welfare system, including the expanded use of child welfare waivers. The legislation will also help public and private child welfare agencies better secure and maintain a stable and well-trained child welfare workforce. New funds are also provided to address the substance abuse treatment needs of families in the child welfare system and to ensure that more children are eligible for federal foster care and adoption assistance. The bill also provides first time federal assistance to support kinship guardianship as a permanency option for some children.
Title I-Ensuring Child Safety By Paying For Performance
Amends Title IV-B of the Social Security Act to create a new grant fund of $100 million per year for 2004 and 2005 and a bonus fund of $100 million per year for 2006, 2007, and 2008. States are awarded funds based on the number of children under the age of eighteen. To qualify for the grant program, a state must have a corrective action plan approved by the U.S. Department of Health and Human Services (HHS) as a result of its Child and Family Service Review.
Qualifying states for the bonus fund are those states HHS has determined to have made significant progress in achieving the goals of their corrective action plan. States may not use federal funds to supplant or replace state spending.
Title II-Supporting Quality Front-Line Workers
Amends Title IV-B of the Social Security Act to create a $100 million per year (FY 2004-2008) grant program to assist states in implementing strategies to enhance their child welfare workforce. The funds would be distributed on a formula based on the number of children under the age of 18. State funds would be matched at a 75% rate by the federal government ($1 dollar in state funds draws $3 dollars in federal funds). Funds are reserved for the territories and 2% of the funds are reserved for Indian tribes. States are prohibited from using federal funds to supplant or replace state spending.
A state must submit a plan to receive a grant. The plan must describe a five-year strategy to improve working conditions of child welfare workers in any agency providing services under programs funded through Title IV-B and Title IV-E. The plan must also include indicators the state will use to measure progress and a budget on how a state intends to use funds. The plan must describe ways to improve working conditions, including: increasing wages of workers, increasing the number of workers, reducing the turnover rate of workers, training to improve the ability of workers, improving formal education of workers, increasing the number of workers with college degrees, coordinating recruitment strategies, providing educational scholarships, increasing the safety of the workforce, and improving the coordination of services with other state and local agencies. Strategies include both supervisory and non-supervisory staff.
HHS has penalty authority in cases where a state violates a requirement. By the end of federal fiscal year 2006, HHS shall conduct an interim evaluation with a final report due by the end of federal fiscal year 2008.
Section 202 of this bill extends federal reimbursement for Title IV-E training beyond staff employed by the state to staff employed at institutions or agencies that are state-licensed or state approved. Training funds may also be used for members of staff of agencies administering the state plan of abuse and neglect courts, agency attorneys, attorneys representing children, parents or guardian ad litem, or other court appointed advocates. The training dollars can also be used for people employed by the state, local, or non-profit child-serving agencies administering the state plan to keep children safe and provide permanent families for children.
Title III-Combating The Effects Of Substance Abuse
Title IV-B of the Social Security Act is amended to create Subpart 5, the Child Protection/Alcohol and Drug Partnerships for Children.
The bill provides for the authorization of $100 million for federal fiscal years 2004 and 2005, $150 million in federal fiscal year 2006, and $200 million for federal fiscal years 2007 and 2008. An eligible state must submit a joint application by the child welfare agency and the substance abuse agency for promoting activities that focus on families with substance abuse problems that come to the attention of the child welfare agency.
Together, the child welfare and substance abuse agencies in the state must take steps to develop and increase treatment services, establish appropriate screening and assessment tools, or improve strategies to engage and retain parents in treatment and provide after-care support. Agencies can also use the funds to increase capacity to meet these families needs in a timely way by jointly cross-training child welfare and substance abuse agency staff, to improve data collection to track the progress of these families, and to promote evaluation. This bill holds states accountable for demonstrating the progress they make with these funds.
Title IV-Increasing State Flexibility To Serve Families
The current IV-E foster care and adoption assistance eligibility standards are revised. Instead of linking eligibility for these two programs to the July 1996 now-repealed Aid to Families with Dependent Children (AFDC) program, states may now base Title IV-E eligibility for foster care and adoption assistance to the current eligibility standard for the state's Temporary Assistance for Needy Families (TANF) cash assistance program.
Section 402 of this bill allows states to expand IV-E reimbursements beyond the current foster care and adoption assistance to kinship guardianship families. Eligible states will base kinship guardianship payments on the need of the family and the child. Eligibility extends to kinship guardians with a child under the age of 19 or a child under the age of 21 if he or she has a mental or physical disability. A qualifying child is a child who has been removed from the home through the courts, has been under the care of a state agency for a 12 month period, and is eligible under IV-E foster care maintenance payments. In addition, the child is not likely to be returned to the home or adopted, the child demonstrates attachment to the relative guardian, and, in the case of a child 14 years of age or older, has been consulted. The siblings of a child may be placed in the same home when appropriate.
Section 403 of this bill extends and expands the waiver authority of HHS to allow states to implement demonstration projects under Title IV-E. HHS waiver authority is extended from 2002 to 2008. Demonstrations may be implemented that promote community partnerships and coordinate agency collaborations to address child abuse, mental health, domestic violence, housing, and other services. HHS shall not limit waivers based on the number of state waivers granted, the similarity of waivers requested by states, or the number of waivers currently held by a single state. HHS is too develop a streamlined process for granting state requests of waivers.
Title V-Ensuring Adequate Funding For Prevention And Adoption Activities.
The Promoting Safe and Stable Families program is reauthorized to 2008. Mandatory or guaranteed funding in the program would increase from $305 million to $505 million. Funds are also set aside for HHS evaluation, $16.6 million is reserved for court improvement grants and the tribal set-aside is 2%.
For more information, contact John Sciamanna, CWLA Senior Government Affairs Associate, at 202/639-4919 or jsciamanna@cwla.org.
The Child Protective Services Improvement Act (H.R. 1534) was introduced on April 1, 2003, by Representatives Ben Cardin (D-MD), George Miller (D-CA), Charles Rangel (D-NY), Pete Stark (D-CA), Carl Levin (D-MI), and Jim McDermott (D-WA). This comprehensive legislation provides new resources to address the needs of abused and neglected children and improve the system designed to protect and care for them.
advertisement
H.R. 1534 provides new funding to help states implement strategies to expand and improve their child welfare system, including the expanded use of child welfare waivers. The legislation will also help public and private child welfare agencies better secure and maintain a stable and well-trained child welfare workforce. New funds are also provided to address the substance abuse treatment needs of families in the child welfare system and to ensure that more children are eligible for federal foster care and adoption assistance. The bill also provides first time federal assistance to support kinship guardianship as a permanency option for some children.
Title I-Ensuring Child Safety By Paying For Performance
Amends Title IV-B of the Social Security Act to create a new grant fund of $100 million per year for 2004 and 2005 and a bonus fund of $100 million per year for 2006, 2007, and 2008. States are awarded funds based on the number of children under the age of eighteen. To qualify for the grant program, a state must have a corrective action plan approved by the U.S. Department of Health and Human Services (HHS) as a result of its Child and Family Service Review.
Qualifying states for the bonus fund are those states HHS has determined to have made significant progress in achieving the goals of their corrective action plan. States may not use federal funds to supplant or replace state spending.
Title II-Supporting Quality Front-Line Workers
Amends Title IV-B of the Social Security Act to create a $100 million per year (FY 2004-2008) grant program to assist states in implementing strategies to enhance their child welfare workforce. The funds would be distributed on a formula based on the number of children under the age of 18. State funds would be matched at a 75% rate by the federal government ($1 dollar in state funds draws $3 dollars in federal funds). Funds are reserved for the territories and 2% of the funds are reserved for Indian tribes. States are prohibited from using federal funds to supplant or replace state spending.
A state must submit a plan to receive a grant. The plan must describe a five-year strategy to improve working conditions of child welfare workers in any agency providing services under programs funded through Title IV-B and Title IV-E. The plan must also include indicators the state will use to measure progress and a budget on how a state intends to use funds. The plan must describe ways to improve working conditions, including: increasing wages of workers, increasing the number of workers, reducing the turnover rate of workers, training to improve the ability of workers, improving formal education of workers, increasing the number of workers with college degrees, coordinating recruitment strategies, providing educational scholarships, increasing the safety of the workforce, and improving the coordination of services with other state and local agencies. Strategies include both supervisory and non-supervisory staff.
HHS has penalty authority in cases where a state violates a requirement. By the end of federal fiscal year 2006, HHS shall conduct an interim evaluation with a final report due by the end of federal fiscal year 2008.
Section 202 of this bill extends federal reimbursement for Title IV-E training beyond staff employed by the state to staff employed at institutions or agencies that are state-licensed or state approved. Training funds may also be used for members of staff of agencies administering the state plan of abuse and neglect courts, agency attorneys, attorneys representing children, parents or guardian ad litem, or other court appointed advocates. The training dollars can also be used for people employed by the state, local, or non-profit child-serving agencies administering the state plan to keep children safe and provide permanent families for children.
Title III-Combating The Effects Of Substance Abuse
Title IV-B of the Social Security Act is amended to create Subpart 5, the Child Protection/Alcohol and Drug Partnerships for Children.
The bill provides for the authorization of $100 million for federal fiscal years 2004 and 2005, $150 million in federal fiscal year 2006, and $200 million for federal fiscal years 2007 and 2008. An eligible state must submit a joint application by the child welfare agency and the substance abuse agency for promoting activities that focus on families with substance abuse problems that come to the attention of the child welfare agency.
Together, the child welfare and substance abuse agencies in the state must take steps to develop and increase treatment services, establish appropriate screening and assessment tools, or improve strategies to engage and retain parents in treatment and provide after-care support. Agencies can also use the funds to increase capacity to meet these families needs in a timely way by jointly cross-training child welfare and substance abuse agency staff, to improve data collection to track the progress of these families, and to promote evaluation. This bill holds states accountable for demonstrating the progress they make with these funds.
Title IV-Increasing State Flexibility To Serve Families
The current IV-E foster care and adoption assistance eligibility standards are revised. Instead of linking eligibility for these two programs to the July 1996 now-repealed Aid to Families with Dependent Children (AFDC) program, states may now base Title IV-E eligibility for foster care and adoption assistance to the current eligibility standard for the state's Temporary Assistance for Needy Families (TANF) cash assistance program.
Section 402 of this bill allows states to expand IV-E reimbursements beyond the current foster care and adoption assistance to kinship guardianship families. Eligible states will base kinship guardianship payments on the need of the family and the child. Eligibility extends to kinship guardians with a child under the age of 19 or a child under the age of 21 if he or she has a mental or physical disability. A qualifying child is a child who has been removed from the home through the courts, has been under the care of a state agency for a 12 month period, and is eligible under IV-E foster care maintenance payments. In addition, the child is not likely to be returned to the home or adopted, the child demonstrates attachment to the relative guardian, and, in the case of a child 14 years of age or older, has been consulted. The siblings of a child may be placed in the same home when appropriate.
Section 403 of this bill extends and expands the waiver authority of HHS to allow states to implement demonstration projects under Title IV-E. HHS waiver authority is extended from 2002 to 2008. Demonstrations may be implemented that promote community partnerships and coordinate agency collaborations to address child abuse, mental health, domestic violence, housing, and other services. HHS shall not limit waivers based on the number of state waivers granted, the similarity of waivers requested by states, or the number of waivers currently held by a single state. HHS is too develop a streamlined process for granting state requests of waivers.
Title V-Ensuring Adequate Funding For Prevention And Adoption Activities.
The Promoting Safe and Stable Families program is reauthorized to 2008. Mandatory or guaranteed funding in the program would increase from $305 million to $505 million. Funds are also set aside for HHS evaluation, $16.6 million is reserved for court improvement grants and the tribal set-aside is 2%.
For more information, contact John Sciamanna, CWLA Senior Government Affairs Associate, at 202/639-4919 or jsciamanna@cwla.org.
Adoption Assistance for Children Adopted From Foster Care: A Factsheet for Families
Adoption Assistance for Children Adopted From Foster Care: A Factsheet for Families
Series: Factsheets for Families
Author(s): Child Welfare Information Gateway
Year Published: 2004
[ English | Spanish ]
Introduction
In every State there are children with special needs waiting in foster care for adoptive families. The most recent data estimate that 126,000 children are available to be adopted from foster care.1 In the past, the costs of care and services were major obstacles to parents who would otherwise adopt and love these children, and most were not placed for adoption. The Adoption Assistance and Child Welfare Act of 19802 provided the first Federal subsidies to encourage the adoption of children from the nation's foster care system. These subsidies, known as adoption assistance, serve to minimize the financial obstacles to adoption. In addition, other types of assistance often are available to help with medical care or other services. Adoption assistance serves to remove barriers and contribute to an increase in adoption of children with special needs.
This factsheet discusses this assistance by reviewing:
Federal Title IV-E adoption assistance
State adoption assistance
Arranging adoption assistance
Federal Title IV-E Adoption Assistance
Adoption assistance from the Federal government is administered under the Federal Title IV-E adoption assistance program. Payments to the parents of an eligible child with special needs can take the form of either one-time (nonrecurring) adoption assistance or ongoing (recurring) adoption assistance. These funds are paid through the State agency or through another public or nonprofit private agency and are available for children being adopted from foster care.
Nonrecurring Adoption Assistance
Nonrecurring adoption assistance is paid or reimbursed for one-time reasonable and necessary expenses directly related to the legal adoption of a child with special needs that have not been reimbursed from other sources or funds. These reimbursable expenses may include the home study fees, attorney fees, replacement of the birth certificate, and travel for visits to the child (including mileage, lodging, and meals). The Federal maximum for this type of assistance is $2,000 for each adoptive placement.3 Some expenses in excess of this amount may be tax deductible.
Recurring Adoption Assistance
Ongoing adoption assistance provides funds that may be used for any identifiable need of the child. These usually take the form of monthly payments to the parents of eligible children. The maximum payment amount may not exceed the amount that would have been paid for maintenance if the child had remained in a foster home in that State. Payments can continue until the child reaches age 18 (or until age 21 where the State determines that the child has a physical, mental, or emotional disability), and these payments continue even if the family moves to another State. While adoption assistance is not taxable, portions could be taxed if the family cannot prove that the amount spent on the child's support was more than the amount of assistance received.4 Families are advised to consult a tax professional.
Eligibility for Federal IV-E Adoption Assistance
Eligibility for Federal Adoption Assistance has two main components, as outlined in this table:
Special Needs Determination
The child must be determined to have "special needs," which include all three requirements listed below.5 (This is required for both nonrecurring and recurring Federal adoption assistance.) Eligibility Requirements
The child must meet any one of four eligibility requirements provided by the law. (These are required only for recurring adoption assistance.)
1. The child cannot or should not be returned home to his or her parent(s).
AND
1. The child was eligible for AFDC6 during the month in which court proceedings were initiated or was eligible within 6 months prior to that time.
OR
2. The child has a "factor or condition" (uniquely defined by each State) that qualifies him or her as having "special needs." Depending on the State, this factor or condition may include:
Ethnic background
Age
Membership in a sibling group
Medical, physical, or emotional condition or handicap
The factor or condition must prompt the conclusion that the child cannot be placed without providing adoption assistance or medical assistance.
AND
2. The child was eligible for Supplemental Security Income (SSI) programs under the Social Security Act before adoption. (A guide to Social Security benefits is available from the Casey Foundation.)
OR
3. An attempt to place the child without adoption assistance was made but was unsuccessful except where it would be against the best interests of the child.7 3. The child's parent was in foster care and receiving Title IV-E funds that covered both the parent and child when the adoption was initiated.
OR
4. The child previously received adoption assistance, and his or her adoptive parent died or the adoption was dissolved.
In some cases, prospective adoptive parents may know early on whether the child they are considering for adoption is eligible for adoption assistance. Such information may be included in a photolisting and in background information provided to prospective parents by the agency or social worker. (See the Information Gateway factsheet Obtaining Background Information on Your Prospective Adoptive Child.
Family Income and Determination of Need
Federal law mandates that the resources of the adoptive parents cannot be considered when determining a child's eligibility for Title IV-E adoption assistance.8 However, the circumstances of the family and the needs of the child may both be taken into consideration when determining the amount of assistance.9
Medical Benefits
Children eligible for Title IV-E adoption assistance also are eligible for medical benefits under Title XIX (Medicaid). States may offer additional services through Title XX, which is a flexible block grant of monies from the Federal government to State governments. Title XX services may include counseling, legal aid, respite care, information, referral, and transportation services. States may offer additional adoption preservation services as well. Each State's Title XX program is different. Families should check with their State agency to determine what services are available.
State Adoption Assistance
State adoption assistance programs provide assistance for children with special needs who are not eligible under the Federal IV-E adoption assistance program. This assistance is funded by State and/or county dollars and is designed for children who are neither AFDC- nor SSI-eligible prior to adoption. Eligibility criteria for these programs vary by State, but State adoption assistance programs generally fall into three categories:
Medical assistance covers some or all the costs related to a child's specific medical condition that are not covered by the family's health insurance, as well as associated therapy, rehabilitation, and special education. (Most States call this assistance Medicaid; other States call it something else.)
Direct payment assistance refers to direct payments to the adoptive family to help meet the special physical, mental, or emotional needs of the child.
Supplemental adoption assistance varies greatly by State. Some States cover a child's emergency or extraordinary need; less often, assistance consists of repeated payments for services not covered by the medical or direct payments. Each State determines what is an allowable cost. Some States make this available for 3 months, others for 6 months, while still others provide one-time coverage for a specific service.
Eligibility for State Adoption Assistance and Other Assistance
Eligibility for State adoption assistance varies but is linked to (1) determination of "special needs" from the Federal adoption assistance law (see above) and (2) unique aspects of the State adoption assistance program.
States sometimes consider the prospective adoptive family's income and resources to determine if the family meets State eligibility requirements.
Arranging Adoption Assistance
When a State agency has determined that the child has special needs (as defined by that State), the possibility of adoption assistance is discussed with the prospective adoptive parents. States are responsible for telling prospective adoptive parents about the availability of adoption assistance.10 Most children registered with agencies as having special needs have already been classified as eligible for adoption assistance.
Once a petition for adoption has been filed, a final determination of the child's eligibility under Title IV-E or the State program is made. The family applies for the adoption assistance to the State agency, through the local office. If approved, an adoption assistance agreement is drawn up between the public agency and the prospective parents, specifying the types of adoption assistance to be provided. This is usually done around the time of placement and must be done before finalization of the adoption. Each State has its own regulations for arranging a State-only subsidy, and each State establishes its own procedures to achieve compliance with the Federal Title IV-E program in arranging this type of assistance.
Deferred Adoption Assistance
In some States, it is possible for adoptive parents to defer adoption assistance until it is needed to meet the needs of the adopted child. In these cases, parents can elect to receive a Medicaid card only and sign the agreement with the payment level of $0 - to be raised to meet the needs of the child at a future date. The adoption assistance agreement between the parents and the public agency is written in such a way as to clearly identify what event(s) would trigger services. Often, psychiatric reports and other documentation are necessary to justify the potential need for a future subsidy.
Appealing an Adoption Assistance Decision
Adoptive parents may appeal the State agency's decision regarding adoption assistance or the adoption assistance amount by using the State's fair hearing and appeals process. If the family is appealing a decision regarding a Title IV-E subsidy, the family files an appeal through the local agency that administers Title IV-E assistance. The local agency should inform the family about steps in the State fair hearing process. During the process, some families choose to hire an attorney or seek the advice of advocacy organizations for children with special needs. If a family wishes to appeal a decision regarding State adoption assistance, they should consult the local agency director about the existence of and steps in the State appeals (or "fair hearing") process.
Conclusion
Adoption assistance exists to help parents afford the costs associated with raising a child adopted from foster care. Current trends indicate that States are providing more and more such assistance, as the population of children in foster care shifts and a greater percentage of these children are adopted.11 By providing financial assistance to these families, the State and Federal subsidy programs minimize the financial barriers to these adoptions, so that more children find permanent homes and families.
Adoption assistance payments are not the only type of financial assistance available to adoptive parents. Prospective adoptive parents should explore all potential resources to help make adoption an affordable option. The Information Gateway website offers several factsheets that provide this type of information. For example:
Information on tax benefits and reimbursement for one-time adoption costs is included in the factsheet Costs of Adopting.
Information on employer benefits is contained in the factsheet Employer-Provided Adoption Benefits.
Funding Resources for Adoption Services lists websites of national organizations that provide adoption funding information.
1 This figure is according to Adoption and Foster Care Analysis and Reporting System (AFCARS) data for 2001. See http://www.acf.hhs.gov/programs/cb/pubs/afcars/report8.htm. back
2 See P.L. 96-272 Adoption Assistance and Child Welfare Act of 1980 at http://thomas.loc.gov/cgi-bin/bdquery/z?d096:HR03434:@@@D|TOM:/bss/d096query.html. back
3 See the Children's Bureau website for further information: http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=50#745. back
4 For a more complete explanation, see http://www.nacac.org/adoptionsubsidy/factsheets/taxes.html. back
5 See the text of the P.L. 96-272 Adoption Assistance and Child Welfare Act of 1980 at http://assembler.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000673----000-.html. back
6 This requirement dates back to the Title IV-E plan that was in effect prior to enactment of P.L. 104-193 and uses the AFDC definition of "dependent child" that was in effect July 16, 1996. P.L. 104-193 replaced the AFDC program with the Temporary Assistance for Needy Families (TANF) program, but the definition of "dependent child" is still used. See www.acf.hhs.gov/programs/ofa/ for more information on the TANF program. back
7 For the full text, see http://assembler.law.cornell.edu/uscode/42/673.html. back
8 See http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=81 to read the section of the Child Welfare Policy Manual that says that States cannot employ a "means test" in negotiating adoption assistance agreements. back
9 The full text of the law can be found at (http://assembler.law.cornell.edu/uscode/42/673.html). back
10 See http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=176 for information from the Child Welfare Policy Manual stating that it is the responsibility of the State to notify parents of adoption assistance availability. back
11 See http://aspe.hhs.gov/hsp/fostercare-issues02/adoption/index.htm for F. H. Wulczyn and K. B. Brunner's (2002) paper on statistics and projections of children adopted from foster care. back
Series: Factsheets for Families
Author(s): Child Welfare Information Gateway
Year Published: 2004
[ English | Spanish ]
Introduction
In every State there are children with special needs waiting in foster care for adoptive families. The most recent data estimate that 126,000 children are available to be adopted from foster care.1 In the past, the costs of care and services were major obstacles to parents who would otherwise adopt and love these children, and most were not placed for adoption. The Adoption Assistance and Child Welfare Act of 19802 provided the first Federal subsidies to encourage the adoption of children from the nation's foster care system. These subsidies, known as adoption assistance, serve to minimize the financial obstacles to adoption. In addition, other types of assistance often are available to help with medical care or other services. Adoption assistance serves to remove barriers and contribute to an increase in adoption of children with special needs.
This factsheet discusses this assistance by reviewing:
Federal Title IV-E adoption assistance
State adoption assistance
Arranging adoption assistance
Federal Title IV-E Adoption Assistance
Adoption assistance from the Federal government is administered under the Federal Title IV-E adoption assistance program. Payments to the parents of an eligible child with special needs can take the form of either one-time (nonrecurring) adoption assistance or ongoing (recurring) adoption assistance. These funds are paid through the State agency or through another public or nonprofit private agency and are available for children being adopted from foster care.
Nonrecurring Adoption Assistance
Nonrecurring adoption assistance is paid or reimbursed for one-time reasonable and necessary expenses directly related to the legal adoption of a child with special needs that have not been reimbursed from other sources or funds. These reimbursable expenses may include the home study fees, attorney fees, replacement of the birth certificate, and travel for visits to the child (including mileage, lodging, and meals). The Federal maximum for this type of assistance is $2,000 for each adoptive placement.3 Some expenses in excess of this amount may be tax deductible.
Recurring Adoption Assistance
Ongoing adoption assistance provides funds that may be used for any identifiable need of the child. These usually take the form of monthly payments to the parents of eligible children. The maximum payment amount may not exceed the amount that would have been paid for maintenance if the child had remained in a foster home in that State. Payments can continue until the child reaches age 18 (or until age 21 where the State determines that the child has a physical, mental, or emotional disability), and these payments continue even if the family moves to another State. While adoption assistance is not taxable, portions could be taxed if the family cannot prove that the amount spent on the child's support was more than the amount of assistance received.4 Families are advised to consult a tax professional.
Eligibility for Federal IV-E Adoption Assistance
Eligibility for Federal Adoption Assistance has two main components, as outlined in this table:
Special Needs Determination
The child must be determined to have "special needs," which include all three requirements listed below.5 (This is required for both nonrecurring and recurring Federal adoption assistance.) Eligibility Requirements
The child must meet any one of four eligibility requirements provided by the law. (These are required only for recurring adoption assistance.)
1. The child cannot or should not be returned home to his or her parent(s).
AND
1. The child was eligible for AFDC6 during the month in which court proceedings were initiated or was eligible within 6 months prior to that time.
OR
2. The child has a "factor or condition" (uniquely defined by each State) that qualifies him or her as having "special needs." Depending on the State, this factor or condition may include:
Ethnic background
Age
Membership in a sibling group
Medical, physical, or emotional condition or handicap
The factor or condition must prompt the conclusion that the child cannot be placed without providing adoption assistance or medical assistance.
AND
2. The child was eligible for Supplemental Security Income (SSI) programs under the Social Security Act before adoption. (A guide to Social Security benefits is available from the Casey Foundation.)
OR
3. An attempt to place the child without adoption assistance was made but was unsuccessful except where it would be against the best interests of the child.7 3. The child's parent was in foster care and receiving Title IV-E funds that covered both the parent and child when the adoption was initiated.
OR
4. The child previously received adoption assistance, and his or her adoptive parent died or the adoption was dissolved.
In some cases, prospective adoptive parents may know early on whether the child they are considering for adoption is eligible for adoption assistance. Such information may be included in a photolisting and in background information provided to prospective parents by the agency or social worker. (See the Information Gateway factsheet Obtaining Background Information on Your Prospective Adoptive Child.
Family Income and Determination of Need
Federal law mandates that the resources of the adoptive parents cannot be considered when determining a child's eligibility for Title IV-E adoption assistance.8 However, the circumstances of the family and the needs of the child may both be taken into consideration when determining the amount of assistance.9
Medical Benefits
Children eligible for Title IV-E adoption assistance also are eligible for medical benefits under Title XIX (Medicaid). States may offer additional services through Title XX, which is a flexible block grant of monies from the Federal government to State governments. Title XX services may include counseling, legal aid, respite care, information, referral, and transportation services. States may offer additional adoption preservation services as well. Each State's Title XX program is different. Families should check with their State agency to determine what services are available.
State Adoption Assistance
State adoption assistance programs provide assistance for children with special needs who are not eligible under the Federal IV-E adoption assistance program. This assistance is funded by State and/or county dollars and is designed for children who are neither AFDC- nor SSI-eligible prior to adoption. Eligibility criteria for these programs vary by State, but State adoption assistance programs generally fall into three categories:
Medical assistance covers some or all the costs related to a child's specific medical condition that are not covered by the family's health insurance, as well as associated therapy, rehabilitation, and special education. (Most States call this assistance Medicaid; other States call it something else.)
Direct payment assistance refers to direct payments to the adoptive family to help meet the special physical, mental, or emotional needs of the child.
Supplemental adoption assistance varies greatly by State. Some States cover a child's emergency or extraordinary need; less often, assistance consists of repeated payments for services not covered by the medical or direct payments. Each State determines what is an allowable cost. Some States make this available for 3 months, others for 6 months, while still others provide one-time coverage for a specific service.
Eligibility for State Adoption Assistance and Other Assistance
Eligibility for State adoption assistance varies but is linked to (1) determination of "special needs" from the Federal adoption assistance law (see above) and (2) unique aspects of the State adoption assistance program.
States sometimes consider the prospective adoptive family's income and resources to determine if the family meets State eligibility requirements.
Arranging Adoption Assistance
When a State agency has determined that the child has special needs (as defined by that State), the possibility of adoption assistance is discussed with the prospective adoptive parents. States are responsible for telling prospective adoptive parents about the availability of adoption assistance.10 Most children registered with agencies as having special needs have already been classified as eligible for adoption assistance.
Once a petition for adoption has been filed, a final determination of the child's eligibility under Title IV-E or the State program is made. The family applies for the adoption assistance to the State agency, through the local office. If approved, an adoption assistance agreement is drawn up between the public agency and the prospective parents, specifying the types of adoption assistance to be provided. This is usually done around the time of placement and must be done before finalization of the adoption. Each State has its own regulations for arranging a State-only subsidy, and each State establishes its own procedures to achieve compliance with the Federal Title IV-E program in arranging this type of assistance.
Deferred Adoption Assistance
In some States, it is possible for adoptive parents to defer adoption assistance until it is needed to meet the needs of the adopted child. In these cases, parents can elect to receive a Medicaid card only and sign the agreement with the payment level of $0 - to be raised to meet the needs of the child at a future date. The adoption assistance agreement between the parents and the public agency is written in such a way as to clearly identify what event(s) would trigger services. Often, psychiatric reports and other documentation are necessary to justify the potential need for a future subsidy.
Appealing an Adoption Assistance Decision
Adoptive parents may appeal the State agency's decision regarding adoption assistance or the adoption assistance amount by using the State's fair hearing and appeals process. If the family is appealing a decision regarding a Title IV-E subsidy, the family files an appeal through the local agency that administers Title IV-E assistance. The local agency should inform the family about steps in the State fair hearing process. During the process, some families choose to hire an attorney or seek the advice of advocacy organizations for children with special needs. If a family wishes to appeal a decision regarding State adoption assistance, they should consult the local agency director about the existence of and steps in the State appeals (or "fair hearing") process.
Conclusion
Adoption assistance exists to help parents afford the costs associated with raising a child adopted from foster care. Current trends indicate that States are providing more and more such assistance, as the population of children in foster care shifts and a greater percentage of these children are adopted.11 By providing financial assistance to these families, the State and Federal subsidy programs minimize the financial barriers to these adoptions, so that more children find permanent homes and families.
Adoption assistance payments are not the only type of financial assistance available to adoptive parents. Prospective adoptive parents should explore all potential resources to help make adoption an affordable option. The Information Gateway website offers several factsheets that provide this type of information. For example:
Information on tax benefits and reimbursement for one-time adoption costs is included in the factsheet Costs of Adopting.
Information on employer benefits is contained in the factsheet Employer-Provided Adoption Benefits.
Funding Resources for Adoption Services lists websites of national organizations that provide adoption funding information.
1 This figure is according to Adoption and Foster Care Analysis and Reporting System (AFCARS) data for 2001. See http://www.acf.hhs.gov/programs/cb/pubs/afcars/report8.htm. back
2 See P.L. 96-272 Adoption Assistance and Child Welfare Act of 1980 at http://thomas.loc.gov/cgi-bin/bdquery/z?d096:HR03434:@@@D|TOM:/bss/d096query.html. back
3 See the Children's Bureau website for further information: http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=50#745. back
4 For a more complete explanation, see http://www.nacac.org/adoptionsubsidy/factsheets/taxes.html. back
5 See the text of the P.L. 96-272 Adoption Assistance and Child Welfare Act of 1980 at http://assembler.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000673----000-.html. back
6 This requirement dates back to the Title IV-E plan that was in effect prior to enactment of P.L. 104-193 and uses the AFDC definition of "dependent child" that was in effect July 16, 1996. P.L. 104-193 replaced the AFDC program with the Temporary Assistance for Needy Families (TANF) program, but the definition of "dependent child" is still used. See www.acf.hhs.gov/programs/ofa/ for more information on the TANF program. back
7 For the full text, see http://assembler.law.cornell.edu/uscode/42/673.html. back
8 See http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=81 to read the section of the Child Welfare Policy Manual that says that States cannot employ a "means test" in negotiating adoption assistance agreements. back
9 The full text of the law can be found at (http://assembler.law.cornell.edu/uscode/42/673.html). back
10 See http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=176 for information from the Child Welfare Policy Manual stating that it is the responsibility of the State to notify parents of adoption assistance availability. back
11 See http://aspe.hhs.gov/hsp/fostercare-issues02/adoption/index.htm for F. H. Wulczyn and K. B. Brunner's (2002) paper on statistics and projections of children adopted from foster care. back
Adoption Assistance by State-2
Adoption Assistance by State
2. What are the eligibility criteria for your State-funded adoption assistance program?
Alabama
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the permanent custody of the state of Alabama Department of Human Resources or an Alabama licensed child placing agency.
Alaska
In order to be eligible for State-funded adoption assistance a child must meet be a special needs child as defined above and in the custody of the State of Alaska/Office of Children’s Services.
American Samoa
No answer provided to this question.
Arizona
In order to be eligible for State-funded adoption assistance a child must be in the custody of the Arizona Department of Economic Security or licensed private child placing agency in Arizona, and be a child with special needs as defined in Question 1.
Arkansas
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state of Arkansas. Additionally, the adoptive family must undergo a resource analysis often referred to as a means test. The analysis is conducted to determine if the adoptive family’s resources exceed state eligibility requirements.
California
In order to be eligible for State-funded adoption assistance a child must be the subject of an agency adoption and one of the following circumstances applies:
Under the supervision of the County Welfare Department (CWD) as the ward of a legal guardianship or as a juvenile court dependent or
Relinquished to a licensed California private or public adoption agency or to another public agency operating a Title IV-E program on behalf of the State, and would otherwise have been at risk of dependency as certified by the CWD or
Committed to the care of California Department of Social Services (CDSS) or a licensed private or public adoption agency pursuant to Family Code section 8805 or 8918 (failed adoptive placements).
Colorado
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of a county Department of Child Welfare Services.
Connecticut
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
Delaware
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, in foster care, and in the custody of the state of Delaware prior to adoption.
District of Columbia
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and must be in the custody of the Child and Family Services Agency (CFSA) of the District of Columbia.
Florida
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
Georgia
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and have been in the permanent custody of the Georgia Department of Human Services (DHS).
Guam
No answer provided to this question.
Hawaii
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the custody of the State of Hawaii Department of Human Services.
Idaho
To be eligible for State-funded adoption assistance a child must be found to have special needs as defined in Question 1 and be in the custody of the Idaho Department of Health and Welfare.
Illinois
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
Indiana
"State-funded" adoption assistance in Indiana is currently funded through local county funds as a "County Adoption Subsidy" (CAS).
It is the court that decides if the child is hard to place and whether county adoption assistance should be awarded. When county adoption assistance is petitioned for, the judge of the court in which the adoption is finalized has discretion to determine eligibility and the amount of the adoption assistance payment. Adoptive parents can initiate application, but approval is a judicial determination issued in a court order. Children must be in the custody of the state of Indiana to be eligible for State-funded (county) adoption assistance.
Please note: Due to new legislation 'County Adoption Subsidy' policies will change on January 1, 2009. This page will be updated once specific information is available.
Iowa
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the guardianship of the state of Iowa, county, or a child placing agency licensed by the state immediately prior to adoption.
Kansas
In order to be eligible for state-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption. Eligible children in custody of Kansas Department of Social and Rehabilitation Services (SRS) or a licensed nonprofit child placing agency may receive one or more of the following types of adoption assistance: medical assistance, Title XIX (Medicaid), monthly adoption assistance payment, special adoption assistance payment, and non-recurring adoption expenses. Children placed by the courts, adoption brokers, parents, and other individuals are not eligible for state adoption assistance, even if they were previously in state custody. These children are not eligible for non-recurring adoption expenses. In addition to having a special need the following criteria must be met when determining a child’s eligibility for State-funded adoption assistance:
It must be determined that the child cannot or should not be returned to the home of the parents
It must be established that reasonable efforts were made to place the child without assistance
Kentucky
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state. Department of Community Based Services (DCBS) staff must also determine that a reasonable, but unsuccessful effort was made to place the child without providing adoption assistance.
Louisiana
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state of Louisiana (foster care). Additionally, the adoptive family must undergo an income analysis often referred to as a means test. The income analysis is conducted to determine whether or not a prospective adoptive family’s annual income exceeds the State’s eligibility requirements to qualify for state funded maintenance subsidy for adoption of a special need child.
Maine
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state of Maine, the tribes, or other licensed child-placing agency.
Maryland
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above or the adoptive family’s income may make them eligible even if the child does not meet the definition of special needs. An assessment is conducted to determine if the adoptive family’s resources are limited and are within state eligibility requirements.
Massachusetts
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, in the custody of the Department of Children and Families, and the Department must sponsor the adoption. Determinations of eligibility for State-funded adoption assistance do not consider the resources of the family; however the amount of assistance is affected by the resources of the family.
Michigan
In order to be eligible for State-funded adoption assistance, a child must be a special needs child as defined above and under the jurisdiction of a Michigan court due to a finding of abuse and neglect.
Minnesota
In order to be eligible for Sate-funded adoption assistance a child must be a special needs child as defined above.
Mississippi
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
Missouri
Eligibility for State-funded adoption assistance is the same as eligibility for Title IV-E adoption assistance.
Montana
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, under eighteen years of age at the time the adoption assistance agreement is signed, legally free for adoption and under the placement and care responsibility of the state of Montana (DPHHS). The state must determine that reasonable efforts have been made to place the child adoptively without subsidy.
Nebraska
In order to be eligible for State-funded adoption assistance a child must be 18 years old or younger, a special needs child as defined above, legally free for adoption, and a ward of the state of Nebraska in the custody of the Department of Health and Human Services at the time the adoption petition is filed.
Nevada
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the custody of the State or County agency which provides child welfare services or other Nevada Licensed Child Placing Agency.
New Hampshire
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above. Eligibility is based on the needs of the child and the circumstances of the adoptive parents.
New Jersey
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
New Mexico
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
New York
In order to be eligible for State-funded adoption assistance an individual must meet the state definition of child and the criteria of either "handicapped" or "hard-to-place" as defined above. The child must be in the custody of a social services official or voluntary authorized agency or certified or approved foster parent(s).
North Carolina
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, in the placement responsibility of a North Carolina agency authorized to place children or have been in the placement responsibility of a North Carolina agency and custody was given to person who is pursuing adoption, and legally free for adoption.
North Dakota
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of a public, private or tribal agency prior to adoption.
Northern Mariana Islands
No answer provided to this question.
Ohio
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of a public children services agency or private child-placing agency. The child must also be under the age of eighteen, or between the ages of eighteen and twenty-one with a mental or physical disability as diagnosed by a qualified professional, placed in an adoptive home approved by a public children services agency, private child placing agency or private non-custodial agency. Additionally, the adoptive family must undergo a resource analysis often referred to as a means test. The analysis is conducted to determine if the adoptive family’s resources exceed state eligibility requirements. The adoptive family must have the capability of providing the permanent family relationships needed by the child in all areas except financial need, in need of services beyond the economic resources of the adoptive family and that it would not be in the best interest of the child to place the child with the prospective adoptive parent(s) without providing assistance.
Oklahoma
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, under the age eighteen, and previously in the court ordered custody of Oklahoma Department of Human Services (OKDHS) or a federally recognized Indian tribe as defined by the federal Indian Child Welfare Act and the Oklahoma Indian Child Welfare Act.
Oregon
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption.
Pennsylvania
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, less than eighteen years of age, in foster care for no less than six months, and in the legal custody of a county agency or agency approved by the Department of Public Welfare (DPW).
Puerto Rico
No answer provided to this question.
Rhode Island
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption.
South Carolina
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the custody of the state of South Carolina for placement.
South Dakota
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, in state custody and legally free for adoption.
Tennessee
In order to be eligible for State-funded adoption assistance a child must meet the definition of special needs as defined above and be in the custody of the state of Tennessee Department of Children’s Services or a Tennessee-licensed child-placing agency, public or non-profit, immediately preceding adoptive placement or in full guardianship.
Texas
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and under the managing conservatorship of the state of Texas (in state custody/under jurisdiction of the state).
Utah
In order to be eligible for State-funded adoption assistance a child must be a child with special needs as defined above and have been in the custody of the state of Utah.
Vermont
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the care and custody of the state of Vermont.
For more information see Adoption Assistance for Children in Vermont Foster Care, link: http://dcf.vermont.gov/sites/dcf/files/pdf/fsd/adoption/adopassistguide.pdf.
Virgin Islands
No answer provided to this question.
Virginia
In order to be eligible for State-funded adoption assistance a child must be legally free for adoption and be a special needs child as defined above, be in the custody of a local department of social services or private child placing agency, and be under the age of 18. A child may also receive state adoption assistance based on the eligibility criteria of having significant emotional ties with the foster parents with whom the child has resided for at least 12 months.
Washington
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, is in state funded foster care, or likely to be placed in foster care.
West Virginia
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and a dependent of the Department of Health and Human Resources in the custody of the state of West Virginia or a child welfare agency licensed to place children for adoption in West Virginia.
Wisconsin
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption. If the child is an American Indian, adoption procedures shall be in accordance with 25 USC 1901-1963 available at http://www4.law.cornell.edu/uscode/25/ch21.html.
Wyoming
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and the following conditions must also be met by the child at the time of adoption placement:
Legally free for adoption
In the legal custody of the Wyoming Department of Family Services (DFS) or a child placement agency certified by the State of Wyoming
The financial responsibility of the Wyoming Department of Family Services or a Wyoming certified, private child placement agency
DFS has determined the adoptive parent can provide for the non-financial needs of the child
Reasonable efforts to place the child without adoption assistance have proven unsuccessful
2. What are the eligibility criteria for your State-funded adoption assistance program?
Alabama
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the permanent custody of the state of Alabama Department of Human Resources or an Alabama licensed child placing agency.
Alaska
In order to be eligible for State-funded adoption assistance a child must meet be a special needs child as defined above and in the custody of the State of Alaska/Office of Children’s Services.
American Samoa
No answer provided to this question.
Arizona
In order to be eligible for State-funded adoption assistance a child must be in the custody of the Arizona Department of Economic Security or licensed private child placing agency in Arizona, and be a child with special needs as defined in Question 1.
Arkansas
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state of Arkansas. Additionally, the adoptive family must undergo a resource analysis often referred to as a means test. The analysis is conducted to determine if the adoptive family’s resources exceed state eligibility requirements.
California
In order to be eligible for State-funded adoption assistance a child must be the subject of an agency adoption and one of the following circumstances applies:
Under the supervision of the County Welfare Department (CWD) as the ward of a legal guardianship or as a juvenile court dependent or
Relinquished to a licensed California private or public adoption agency or to another public agency operating a Title IV-E program on behalf of the State, and would otherwise have been at risk of dependency as certified by the CWD or
Committed to the care of California Department of Social Services (CDSS) or a licensed private or public adoption agency pursuant to Family Code section 8805 or 8918 (failed adoptive placements).
Colorado
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of a county Department of Child Welfare Services.
Connecticut
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
Delaware
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, in foster care, and in the custody of the state of Delaware prior to adoption.
District of Columbia
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and must be in the custody of the Child and Family Services Agency (CFSA) of the District of Columbia.
Florida
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
Georgia
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and have been in the permanent custody of the Georgia Department of Human Services (DHS).
Guam
No answer provided to this question.
Hawaii
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the custody of the State of Hawaii Department of Human Services.
Idaho
To be eligible for State-funded adoption assistance a child must be found to have special needs as defined in Question 1 and be in the custody of the Idaho Department of Health and Welfare.
Illinois
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
Indiana
"State-funded" adoption assistance in Indiana is currently funded through local county funds as a "County Adoption Subsidy" (CAS).
It is the court that decides if the child is hard to place and whether county adoption assistance should be awarded. When county adoption assistance is petitioned for, the judge of the court in which the adoption is finalized has discretion to determine eligibility and the amount of the adoption assistance payment. Adoptive parents can initiate application, but approval is a judicial determination issued in a court order. Children must be in the custody of the state of Indiana to be eligible for State-funded (county) adoption assistance.
Please note: Due to new legislation 'County Adoption Subsidy' policies will change on January 1, 2009. This page will be updated once specific information is available.
Iowa
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the guardianship of the state of Iowa, county, or a child placing agency licensed by the state immediately prior to adoption.
Kansas
In order to be eligible for state-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption. Eligible children in custody of Kansas Department of Social and Rehabilitation Services (SRS) or a licensed nonprofit child placing agency may receive one or more of the following types of adoption assistance: medical assistance, Title XIX (Medicaid), monthly adoption assistance payment, special adoption assistance payment, and non-recurring adoption expenses. Children placed by the courts, adoption brokers, parents, and other individuals are not eligible for state adoption assistance, even if they were previously in state custody. These children are not eligible for non-recurring adoption expenses. In addition to having a special need the following criteria must be met when determining a child’s eligibility for State-funded adoption assistance:
It must be determined that the child cannot or should not be returned to the home of the parents
It must be established that reasonable efforts were made to place the child without assistance
Kentucky
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state. Department of Community Based Services (DCBS) staff must also determine that a reasonable, but unsuccessful effort was made to place the child without providing adoption assistance.
Louisiana
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state of Louisiana (foster care). Additionally, the adoptive family must undergo an income analysis often referred to as a means test. The income analysis is conducted to determine whether or not a prospective adoptive family’s annual income exceeds the State’s eligibility requirements to qualify for state funded maintenance subsidy for adoption of a special need child.
Maine
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of the state of Maine, the tribes, or other licensed child-placing agency.
Maryland
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above or the adoptive family’s income may make them eligible even if the child does not meet the definition of special needs. An assessment is conducted to determine if the adoptive family’s resources are limited and are within state eligibility requirements.
Massachusetts
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, in the custody of the Department of Children and Families, and the Department must sponsor the adoption. Determinations of eligibility for State-funded adoption assistance do not consider the resources of the family; however the amount of assistance is affected by the resources of the family.
Michigan
In order to be eligible for State-funded adoption assistance, a child must be a special needs child as defined above and under the jurisdiction of a Michigan court due to a finding of abuse and neglect.
Minnesota
In order to be eligible for Sate-funded adoption assistance a child must be a special needs child as defined above.
Mississippi
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
Missouri
Eligibility for State-funded adoption assistance is the same as eligibility for Title IV-E adoption assistance.
Montana
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, under eighteen years of age at the time the adoption assistance agreement is signed, legally free for adoption and under the placement and care responsibility of the state of Montana (DPHHS). The state must determine that reasonable efforts have been made to place the child adoptively without subsidy.
Nebraska
In order to be eligible for State-funded adoption assistance a child must be 18 years old or younger, a special needs child as defined above, legally free for adoption, and a ward of the state of Nebraska in the custody of the Department of Health and Human Services at the time the adoption petition is filed.
Nevada
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the custody of the State or County agency which provides child welfare services or other Nevada Licensed Child Placing Agency.
New Hampshire
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above. Eligibility is based on the needs of the child and the circumstances of the adoptive parents.
New Jersey
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
New Mexico
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above.
New York
In order to be eligible for State-funded adoption assistance an individual must meet the state definition of child and the criteria of either "handicapped" or "hard-to-place" as defined above. The child must be in the custody of a social services official or voluntary authorized agency or certified or approved foster parent(s).
North Carolina
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, in the placement responsibility of a North Carolina agency authorized to place children or have been in the placement responsibility of a North Carolina agency and custody was given to person who is pursuing adoption, and legally free for adoption.
North Dakota
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of a public, private or tribal agency prior to adoption.
Northern Mariana Islands
No answer provided to this question.
Ohio
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and in the custody of a public children services agency or private child-placing agency. The child must also be under the age of eighteen, or between the ages of eighteen and twenty-one with a mental or physical disability as diagnosed by a qualified professional, placed in an adoptive home approved by a public children services agency, private child placing agency or private non-custodial agency. Additionally, the adoptive family must undergo a resource analysis often referred to as a means test. The analysis is conducted to determine if the adoptive family’s resources exceed state eligibility requirements. The adoptive family must have the capability of providing the permanent family relationships needed by the child in all areas except financial need, in need of services beyond the economic resources of the adoptive family and that it would not be in the best interest of the child to place the child with the prospective adoptive parent(s) without providing assistance.
Oklahoma
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, under the age eighteen, and previously in the court ordered custody of Oklahoma Department of Human Services (OKDHS) or a federally recognized Indian tribe as defined by the federal Indian Child Welfare Act and the Oklahoma Indian Child Welfare Act.
Oregon
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption.
Pennsylvania
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, less than eighteen years of age, in foster care for no less than six months, and in the legal custody of a county agency or agency approved by the Department of Public Welfare (DPW).
Puerto Rico
No answer provided to this question.
Rhode Island
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption.
South Carolina
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the custody of the state of South Carolina for placement.
South Dakota
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, in state custody and legally free for adoption.
Tennessee
In order to be eligible for State-funded adoption assistance a child must meet the definition of special needs as defined above and be in the custody of the state of Tennessee Department of Children’s Services or a Tennessee-licensed child-placing agency, public or non-profit, immediately preceding adoptive placement or in full guardianship.
Texas
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and under the managing conservatorship of the state of Texas (in state custody/under jurisdiction of the state).
Utah
In order to be eligible for State-funded adoption assistance a child must be a child with special needs as defined above and have been in the custody of the state of Utah.
Vermont
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and in the care and custody of the state of Vermont.
For more information see Adoption Assistance for Children in Vermont Foster Care, link: http://dcf.vermont.gov/sites/dcf/files/pdf/fsd/adoption/adopassistguide.pdf.
Virgin Islands
No answer provided to this question.
Virginia
In order to be eligible for State-funded adoption assistance a child must be legally free for adoption and be a special needs child as defined above, be in the custody of a local department of social services or private child placing agency, and be under the age of 18. A child may also receive state adoption assistance based on the eligibility criteria of having significant emotional ties with the foster parents with whom the child has resided for at least 12 months.
Washington
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, is in state funded foster care, or likely to be placed in foster care.
West Virginia
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above, legally free for adoption, and a dependent of the Department of Health and Human Resources in the custody of the state of West Virginia or a child welfare agency licensed to place children for adoption in West Virginia.
Wisconsin
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and legally free for adoption. If the child is an American Indian, adoption procedures shall be in accordance with 25 USC 1901-1963 available at http://www4.law.cornell.edu/uscode/25/ch21.html.
Wyoming
In order to be eligible for State-funded adoption assistance a child must be a special needs child as defined above and the following conditions must also be met by the child at the time of adoption placement:
Legally free for adoption
In the legal custody of the Wyoming Department of Family Services (DFS) or a child placement agency certified by the State of Wyoming
The financial responsibility of the Wyoming Department of Family Services or a Wyoming certified, private child placement agency
DFS has determined the adoptive parent can provide for the non-financial needs of the child
Reasonable efforts to place the child without adoption assistance have proven unsuccessful
The Need for Child Protective Services Reform in the United States
The Need for Child Protective Services Reform in the United States - Associated Content from Yahoo! - associatedcontent.com
Litigation is Our Only Hope for True Child Protective and Child Welfare Reform
Dan Weaver, Yahoo! Contributor Network
Mar 28, 2008
Child Protective Services took my child in October 2004 based on false allegations. I had to fight to get her back and finally did, but not before Child Protective Services had caused great harm to my child and my family.
While there have been attempts at child protective reform in recent years, there has not been any meaningful child protective reform in the United States, but there needs to be. One of the biggest problems with Child Protective Services (CPS) is that child protective caseworkers spend too much time investigating false allegations and therefore are unable to investigate real cases of neglect and abuse. So we have the anomaly of innocent parents rotting in prison, while children still die from abuse.
The Center for Disease Control in Atlanta claims that there are three million child abuse reports made every year. Two million of those reports are without merit. What has created this situation?
Mandated reporting is the primary culprit. Doctors, nurses, teachers, psychiatrists and numerous other professions are required by law to report any suspicions of child abuse and neglect. If they don't, they can be charged with a felony and go to jail. So to protect themselves, mandated reporters report things that they wouldn't report if the threat of jail wasn't hanging over their heads.
We need to get rid of mandated reporting. We need to trust doctors, nurses and teachers to make the right decision when they suspect abuse and neglect. This would cut down on the number of baseless child abuse reports and give Child Protective Services the time and money to concentrate on real abuse.
Currently, filing false abuse reports is only a misdemeanor in most states, and it is not taken very seriously. It needs to be made a felony. I listened to a guy on talk radio the other day who has had twelve false
reports of child abuse made against him. Even CPS admits that he is innocent, but they claim they cannot do anything about it. Someone has it in for this guy and is using CPS to retaliate against him. If it was a felony to file false reports of child abuse, the number of false reports would diminish and CPS would have the time and resources to investigate real abuse.
There are several other areas where Child Protective Services needs reform. If CPS investigates you, they have sixty days to issue a report. CPS can find that the allegations are unfounded or they can indicate them, which means that they believe there is some credible evidence to substantiate the report.
If a report in indicated, your name automatically goes on the State Central Register for Child Abuse and Neglect, even before you have a trial or hearing. (Sex offenders, on the other hand, aren't placed on the sex offender registry until after their trial.) People who have been accused of child abuse or neglect are punished even before they can prove their innocence because employers use the register to check on prospective employees.
In Missouri, several laws concerning Child Protective Services have been successfully challenged. The standard of proof for indicating a report has been raised from some credible evidence to a preponderance of the evidence, and your name cannot be placed on the registry unless you have been given due process through a trial or fair hearing.
Unfortunately, lawmakers will not bring about Child Protective reforms. Any attempt to reform either Child Protective or Family Court laws are seen as being soft on child abuse, rather than an attempt to protect innocent people, give people their due process rights and allow CPS the time to investigate real abuse claims rather than bogus ones.
CPS reform will take place in the courts, not the legislatures, just as it has already to some degree in Missouri. Parents who are falsely accused must challenge the laws and, if necessary, bring law suits against those who trespass on their constitutional rights.
While I dislike the idea of litigation, our politicians have cut off all other options. Litigation is our only hope for real child protective reform.
Litigation is Our Only Hope for True Child Protective and Child Welfare Reform
Dan Weaver, Yahoo! Contributor Network
Mar 28, 2008
Child Protective Services took my child in October 2004 based on false allegations. I had to fight to get her back and finally did, but not before Child Protective Services had caused great harm to my child and my family.
While there have been attempts at child protective reform in recent years, there has not been any meaningful child protective reform in the United States, but there needs to be. One of the biggest problems with Child Protective Services (CPS) is that child protective caseworkers spend too much time investigating false allegations and therefore are unable to investigate real cases of neglect and abuse. So we have the anomaly of innocent parents rotting in prison, while children still die from abuse.
The Center for Disease Control in Atlanta claims that there are three million child abuse reports made every year. Two million of those reports are without merit. What has created this situation?
Mandated reporting is the primary culprit. Doctors, nurses, teachers, psychiatrists and numerous other professions are required by law to report any suspicions of child abuse and neglect. If they don't, they can be charged with a felony and go to jail. So to protect themselves, mandated reporters report things that they wouldn't report if the threat of jail wasn't hanging over their heads.
We need to get rid of mandated reporting. We need to trust doctors, nurses and teachers to make the right decision when they suspect abuse and neglect. This would cut down on the number of baseless child abuse reports and give Child Protective Services the time and money to concentrate on real abuse.
Currently, filing false abuse reports is only a misdemeanor in most states, and it is not taken very seriously. It needs to be made a felony. I listened to a guy on talk radio the other day who has had twelve false
reports of child abuse made against him. Even CPS admits that he is innocent, but they claim they cannot do anything about it. Someone has it in for this guy and is using CPS to retaliate against him. If it was a felony to file false reports of child abuse, the number of false reports would diminish and CPS would have the time and resources to investigate real abuse.
There are several other areas where Child Protective Services needs reform. If CPS investigates you, they have sixty days to issue a report. CPS can find that the allegations are unfounded or they can indicate them, which means that they believe there is some credible evidence to substantiate the report.
If a report in indicated, your name automatically goes on the State Central Register for Child Abuse and Neglect, even before you have a trial or hearing. (Sex offenders, on the other hand, aren't placed on the sex offender registry until after their trial.) People who have been accused of child abuse or neglect are punished even before they can prove their innocence because employers use the register to check on prospective employees.
In Missouri, several laws concerning Child Protective Services have been successfully challenged. The standard of proof for indicating a report has been raised from some credible evidence to a preponderance of the evidence, and your name cannot be placed on the registry unless you have been given due process through a trial or fair hearing.
Unfortunately, lawmakers will not bring about Child Protective reforms. Any attempt to reform either Child Protective or Family Court laws are seen as being soft on child abuse, rather than an attempt to protect innocent people, give people their due process rights and allow CPS the time to investigate real abuse claims rather than bogus ones.
CPS reform will take place in the courts, not the legislatures, just as it has already to some degree in Missouri. Parents who are falsely accused must challenge the laws and, if necessary, bring law suits against those who trespass on their constitutional rights.
While I dislike the idea of litigation, our politicians have cut off all other options. Litigation is our only hope for real child protective reform.
Child Protective Services-Drugging Our Children
Child Protective Services (CPS)
We are very concerned about Child Protective Services legally forcing children", default", even in foster homes, to take psychotropic drugs.
These psychostimulant medications are comparable to cocaine and the antidepressants are now known to cause suicidal thoughts and suicide among children.
Who is paying Child Protective Services to force children to take lethal, addictive drugs for, non-medical reasons?
I personally feel that Child Protective Services ability to force lethal addictive drugs on children, is no different than those sitting in prison for for the same thing.
I feel this activity is criminal. The war against drugs should begin with schools and Child Protective Services pushing psychotropic drugs on Americas children.
Is Child Protective Services being lead to believe behaviors listed in the DSM-IV are real medical issues?
Do they not know that the behaviors listed in the criteria for ADHD can be handled without drugs?
Doesn't Child Protective Services know the harms of these drugs heavily outweigh the unscientific mental disorders schools are using to drug children into submission.
Who is financing Child Protective Services?
Child Protective Services in the United States is primarily the responsibility of state and local governments, operating within a framework created by federal law and funding. This means that both state and federal governments are responsible for the unnecessary forced drugging of children.
School officials are notifying Child Protective Services when Parents and guardians are opposed to harming their children with lethal psychiatric drugs for non-medical, non-biological mental disorders (Childish behaviors).
Child Protective Services have charged parents and guardians with educational and emotional neglect for their refusal to drug their children for non-medical, non-biological mental disorders listed in the DSM-IV.
Child Protective Services have removed children from their loving homes and have had children drugged against the will of parents, guardians, and children, because parents and guardians choose to protect their children from the dangers of psychiatric drugs.
School corporal punishment has been replaced with dangerous psychotropic drugs. Children are being drugged into submission at the expense of their physical and mental health.
We are very concerned about Child Protective Services legally forcing children", default", even in foster homes, to take psychotropic drugs.
These psychostimulant medications are comparable to cocaine and the antidepressants are now known to cause suicidal thoughts and suicide among children.
Who is paying Child Protective Services to force children to take lethal, addictive drugs for, non-medical reasons?
I personally feel that Child Protective Services ability to force lethal addictive drugs on children, is no different than those sitting in prison for for the same thing.
I feel this activity is criminal. The war against drugs should begin with schools and Child Protective Services pushing psychotropic drugs on Americas children.
Is Child Protective Services being lead to believe behaviors listed in the DSM-IV are real medical issues?
Do they not know that the behaviors listed in the criteria for ADHD can be handled without drugs?
Doesn't Child Protective Services know the harms of these drugs heavily outweigh the unscientific mental disorders schools are using to drug children into submission.
Who is financing Child Protective Services?
Child Protective Services in the United States is primarily the responsibility of state and local governments, operating within a framework created by federal law and funding. This means that both state and federal governments are responsible for the unnecessary forced drugging of children.
School officials are notifying Child Protective Services when Parents and guardians are opposed to harming their children with lethal psychiatric drugs for non-medical, non-biological mental disorders (Childish behaviors).
Child Protective Services have charged parents and guardians with educational and emotional neglect for their refusal to drug their children for non-medical, non-biological mental disorders listed in the DSM-IV.
Child Protective Services have removed children from their loving homes and have had children drugged against the will of parents, guardians, and children, because parents and guardians choose to protect their children from the dangers of psychiatric drugs.
School corporal punishment has been replaced with dangerous psychotropic drugs. Children are being drugged into submission at the expense of their physical and mental health.
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