1935

Health, Education and Welfare Act, Pub. L. No. 74-271 (Social Security Act) (PDF)

This Act provided for Federal old-age insurance, Federal-State public assistance and unemployment insurance programs, and extension of public health, maternal and child health, services for crippled children and child welfare services, and vocational rehabilitation.

Title IV-E provides federal payments for foster care and adoption assistance.  Title IV appears in the United States Code as §§601-687, subchapter IV, chapter 7, Title 42.

1974

The Child Abuse Prevention and Treatment Act, Pub. L. No. 93-247 (CAPTA)

This Act established the National Center on Child Abuse and Neglect and authorized funding for fiscal years 1974 through 1977 for demonstration projects on the identification, prevention, and treatment of child abuse and neglect.

(P.L. 104-235 - Child Abuse Prevention and Treatment Act Amendments of 1996 - To modify and reauthorize the Child Abuse Prevention Act, and for other purposes) (PDF)

1978

The Indian Child Welfare Act, Pub. L. No. 95-608 (ICWA)

This Act established standards for the placement of Indian child in foster or adoptive homes.

(H.R. 2750 - Indian Child Welfare Act Amendments of 2003 - To make technical amendments to the Indian Child Welfare Act of 1978) (PDF)

1980

The Adoption Assistance and Child Welfare Act of 1980, Pub. L. No. 96-272 (PDF)

 To qualify for federal funding states must:

     • Prepare a plan describing services it will provide to prevent a child’s removal from parental custody and to reunite the   child and parents after removal; (42 USC § 670)
     • Social services agency must provide services to prevent removal and to reunite after removal;  (42 USC § 670, 675)
     • Upon involuntary removal, the juvenile court must make a finding that continued placement with the parent would be contrary to the child’s welfare; (42 USC § 672)
     • The juvenile court must make findings that reasonable efforts were made to eliminate the need for removing the child from parental custody; (42 USC § 671)
     • The juvenile court must make findings that reasonable efforts have been made to reunite the child with the parents after removal;  (42 USC § 671)
     • The juvenile court must determine whether the social services agency has developed a case plan for the child for placement in the least restrictive, most family-like setting available close to the parents’ home consistent with the best interests and needs of the child; (42 USC §675)
     • The juvenile court or review board must review a foster child’s status at least once every six months regarding:
         o The continuing need for and appropriateness of placement;
         o The extent of compliance with the case plan;
         o The progress made toward reunification; and
         o Projection of date of reunification or termination and adoption.  (42 USC § 675)
       • The juvenile court must hold a hearing no later than 18 months after original out-of-home placement to determine a    permanent plan for the child; (42 USC §675)
       • An involuntary removal of a child must be approved by the juvenile court within 48 or 72 hours after removal; (42 USC § 675)
       • The juvenile court must approve any voluntary foster placement within 180 days of the original placement; (42 USC § 672) and
       • The juvenile court must ensure that procedural safeguards are in place to protect the parents.  (42 USC §675)

1993

The Omnibus Budget Reconciliation Act of 1990, Pub. L. No. 101-507

The Act provides that states will receive funds to “promote family strength and stability, enhance parental functioning and protect children.” 

1994

Improving America’s Schools Act, Pub. L. No. 103-382 (Title V contains the Multiethnic Placement Act) (PDF)

This Act was enacted to address discrimination in services for children in foster care.

1997

The Adoption and Safe Families Act of 1997, Pub. L. No. 105-89 (ASFA) (PDF)

 The Adoption and Safe Families Act of 1997 did not supercede the Adoption Assistance and Child Welfare Act of 1980, but was intended to clarify the Adoption Assistance and Child Welfare Act of 1980’s intent and application.  The underlying premise is that “the child’s health and safety shall be paramount.”

 To qualify for federal funding states must, in addition to the requirements outlined by the Adoption Assistance and Child Welfare Act of 1980:
     • In cases with aggravated circumstances, no reasonable efforts to prevent removal finding is required, but a permanency hearing must be held within 30 days;  (42 USC § 678)
     • In cases with aggravated circumstances, no reasonable efforts to reunify finding is required; (42 USC § 678)
     • In cases with aggravated circumstances, reasonable efforts to find a timely permanent placement are still required; (42 USC § 678)
     • The permanency hearing timeframe where there are no aggravated circumstances was changed from within 18 months to within 12 months; (42 USC § 675)
     • Termination of parental rights proceedings are required when a child has been in foster care for 15 of the last 22 months; (42 USC § 675)
     • Social services agencies may concurrently plan for reunification and termination of parental rights and adoption;  (42 USC § 675)
     • States must document child-specific recruitment efforts to find adoptive homes;  (42 USC § 673b) and
     • Foster parents, pre-adoptive parents, relative caregivers must be given notice of all hearings. (42 USC § 675)

1999

Foster Care Independence Act, Pub. L. No. 106-169 (John H. Chafee Act) (PDF)

This Act amended title IV-E of the Social Security Act to provide more funding and greater flexibility in carrying out programs to help children make the transition from foster care to self-sufficiency.

2000

Strengthening Abuse and Neglect Courts Act, Pub. L. No. 106-314 (SANCA) (PDF)

This act was intended to improve the administrative efficiency and effectiveness of abuse and neglect courts, and for other purposes, consistent with ASFA.


Full text (PDF) provided where highlighted

The 2008 update of Major Federal Legislation Concerned With Child
Protection, Child Welfare, and Adoption is now available online at
www.childwelfare.gov/pubs/otherpubs/majorfedlegis.cfm.