A Familys Guide To The Child Welfare System

A COLLABORATIVE EFFORT AMONG
National Technical Assistance Center for

Children’s Mental Health at Georgetown University
Center for Child and Human Development
Technical Assistance Partnership for Child and Family
Mental Health at American Institutes for Research
Federation of Families for Children’s Mental Health
Child Welfare League of America
National Indian Child Welfare Association
A Family’s
Guide to the
Child Welfare
System
Jan McCarthy
Anita Marshall
Julie Collins
Girlyn Arganza
Kathy Deserly
Juanita Milon
A COLLABORATIVE EFFORT AMONG

National Technical Assistance Center for Children’s Mental Health at
Georgetown University Center for Child and Human Development
Technical Assistance Partnership for Child and Family Mental
Health at American Institutes for Research
DECEMBER 2003
Funding Information
This document is supported with funding from the Children’s
Bureau, Administration on Children, Youth, and Families of the
Administration for Children and Families (ACF) in the U.S.
Department of Health and Human Services; through a cooperative
agreement with the Child, Adolescent, and Family Branch, Center
for Mental Health Services of the Substance Abuse and Mental
Health Services Administration; and from the National Child Welfare
Resource Center for Family Centered Practice through a cooperative
agreement with the Children’s Bureau at ACF.
This document reflects the thinking of many individuals and

organizations, as well as information from valuable resource
documents and documents describing federal laws and policies.
It does not necessarily represent official policy or positions of the
funding source.
Document Available from:

3307 M Street, NW, Suite 401
Washington, DC 20007
202-687-5000 voice
202-687-1954 fax
Attention: Mary Moreland
[email protected]
Also available on the web at www.gucchd.georgetown.edu
Technical Assistance Partnership for Child and Family Mental Health

American Institutes for Research
1000 Thomas Jefferson Street, NW, Suite 400
202-298-2612 voice
202-944-5454 fax
Attention: Anita Marshall
[email protected]
Also available on the web at www.air.org/tapartnership
Also available on the web sites of the other sponsoring

organizations (see p. 122)
Notice of Non-Discrimination
In accordance with the requirements of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section
504 of the Rehabilitation Act of 1973, and implementing regulations promulgated under each of these federal statutes, Georgetown
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Programs. Her office is located in Room G-10, Darnall Hall, and her telephone number is 202/687-4798.
Acknowledgments
A Family’s Guide to the Child Welfare System was developed through the
efforts of many individuals, organizations, and groups. A wise and
knowledgeable work group advised us on the direction and content of the
Guide, as well as on the questions that families want to have answered. We
received continuous feedback from the work group on various drafts to
make sure we were staying on course. Birth, foster, and adoptive parents;
child welfare administrators and direct service workers; providers; lawyers;
national organizations; mental health workers; national child welfare
clearinghouses; federal agencies; researchers; and advocates from a variety
of states, communities, and cultural backgrounds were represented in the
work group.
Family members from around the country offered feedback and ideas
through focus groups and workshops. We conducted a number of
workshops on the Guide at several national conferences to obtain feedback
from stakeholders who would be using the Guide. Family members who
made presentations with the authors brought a voice of reality to those
workshops. Barbara Huff and other staff at the Federation of Families for
Children’s Mental Health helped us remain focused on the issues families
care about most.
An additional group of child welfare administrators identified by the

American Public Human Services Association provided feedback to help
ensure that the Guide would be accurate and applicable in different states
across the country. Several child and family-focused organizations—
American Bar Association’s Center on Children and the Law, Child
Welfare League of America, National Child Welfare Resource Center for
Family-Centered Practice, and Street Law—shared their expertise and
offered valuable suggestions.
A Family’s Guide to the Child Welfare System III

Acknowledgments
We relied on federal policies and laws, as well as on many valuable resource

documents, to answer accurately the questions that parents posed. While we chose
not to footnote or reference all of these sources, in hopes of making the Guide
more reader friendly, their contribution was invaluable. During our research
process, we also reviewed a number of very useful parent handbooks developed by
specific communities or states.
A special thanks goes to Anna de Guzman at the Georgetown University Center

for Child and Human Development for her assistance in revising the many drafts
of the Guide, to Ellie Abrams at the American Institutes for Research for her
editing services, and to Kylee Breedlove for her talent and hard work in designing
and formatting.
Most of all we are indebted to the families and youth who shared with us their
stories about involvement with the child welfare system. While their names are not
listed in the Guide, their stories appear as voices throughout the Guide.
The persons listed below assisted in the development of the Guide as described
above or in other ways. We acknowledge and thank all of them.
Alexandra Ashbrook Kim Ford Valerie Oliver

Albertine Atkins- Mary Giliberti Jennifer Renne
Childress Gail Haulenbeek Nancy Rollins
David Berns Kim Helfgott Mattie Satterfield
Carol Biddle Karen Hebert John Shaw
Joe Bock Lela Hernandez Meridith Shotwell
Stephany Bryan Steve Hornberger Patricia Sokol
Caren Kaplan Mimi Laver Linda Spears
Elena Cohen Sarah Leftler Liz Sweet
Jennifer Crawford Bob Lindecamp Michael Terkeltaub
Gail Daniels Norah Lovato Gretchen Test
Howard Davidson Sheri McMahon Conni Wells
Debbie Dimon Barbara Needell Dana West
Theresa Elisoff Mary Nelson Lavelle Williams
Doyle Evans Trina Osher Millicent Williams
Sonya Ferreiro Cathy Overbagh
The Authors
IV A Family’s Guide to the Child Welfare System

Table of
Contents
Introduction ................................................................................................................................................................3
◗ SUSAN’S VOICE ..................................................................................................................3
Welcome to A Family’s Guide—Purpose of the Guide ............................3
How do I find information in the Guide? ..........................................................4
Family Voices ................................................................................................................................6
Practical Tips for Families ..................................................................................................6
How can I use the Guide to help my family? ..................................................6
Can this Guide be used by people other than family members? ......6
Will all of the information in the Guide apply to the way
things work in the state or community where I live? ..........................7
SECTION 1: What Is the Child Welfare System? ....................................11

What does the child welfare system do? ............................................................11
Why does the child welfare system get involved with families? ......12
SECTION 2: Learning about Child Protective Services ................13

◗ THELMA’S VOICE (continued on p. 96)..........................................................13
What is Child Protective Services? ..........................................................................14
What is child abuse and neglect? ..............................................................................14
REPORTING CHILD ABUSE AND NEGLECT ................................................15

◗ A GRANDMOTHER’S VOICE ................................................................................15
How would CPS get a report about my child? ............................................16
Does CPS respond to all reports of suspected ..............................................16
abuse and neglect?
Does CPS respond to all reports of abuse
and neglect in the same way? ..............................................................................16
How does the agency decide which type of response to use?............17
A Family’s Guide to the Child Welfare System V

Table of Contents
Section 2: Learning About Child Protective Services continued
HOW INVESTIGATIONS WORK ............................................................................................................................................17

◗ TROY’S MOM’S VOICE ..............................................................................................................................................................17
Who conducts an investigation? What are their qualifications?......................................................................19
If CPS responds to a report about my family, what happens during the investigation? ............19
Will the worker tell me who made the report? ............................................................................................................19
What are the possible outcomes of a CPS investigation? ....................................................................................19
If there is evidence that my child has been abused or neglected, what could happen? ..............20
If there is evidence that my child was abused or neglected, is a record kept?......................................20
If my child is not found to be abused or neglected, is a record kept? ........................................................21
How are my rights as a parent affected or changed during an investigation?......................................21
Can I be present when my child is interviewed? ........................................................................................................21
Do I have to allow the CPS worker into my home? ................................................................................................21
Will there be a court hearing if my child is removed
from my home during a CPS investigation? ..........................................................................................................22
Will I have a lawyer for this initial hearing? ....................................................................................................................22
How are my rights as a parent affected after this initial hearing? ..................................................................22
What has to happen for CPS to no longer be involved with my family? ..............................................22
What laws guide CPS? ......................................................................................................................................................................22
What does CAPTA provide for? ................................................................................................................................................23
How does CAPTA affect families? ..........................................................................................................................................23
SECTION 3: The Nuts and Bolts of Service Planning ............................................................................................25

◗ JOYCE’S VOICE ..................................................................................................................................................................................25
What is a service plan? ......................................................................................................................................................................26
When will my service plan be developed and reviewed? ......................................................................................27
Is a service plan the same thing as a case plan? ............................................................................................................27
What are the benefits of a service plan? ..............................................................................................................................27
Who is involved in developing the service plan? ........................................................................................................27
Can my family have more than one service plan? ......................................................................................................28
How do I handle more than one service plan? ..............................................................................................................29
What does a good service plan look like? ..........................................................................................................................29
Is there any other type of planning process that I might be involved in? ..............................................30
What is concurrent planning?......................................................................................................................................................30
Do all families whose children are in foster care participate in concurrent planning? ................31
Is concurrent planning used with teens? ............................................................................................................................31
How will I know if my family is involved in concurrent planning?............................................................31
VI A Family’s Guide to the Child Welfare System

SECTION 4: Learning About Services for Your Family in Your Own Home....................33
◗ LISETTE’S VOICE ..............................................................................................................................................................................33
What are in-home services? What is their purpose? ..................................................................................................34
Are there different types of in-home services? ................................................................................................................34
How can I get in-home services? ..............................................................................................................................................35
What happens if I refuse in-home services? ....................................................................................................................36
Are there any circumstances in which in-home services would not be provided? ..........................36
Do child welfare agencies have funds to pay for in-home services? ............................................................37
SECTION 5: Learning About Out-of-Home Placement Services..........................................................39

◗ DARREN’S MOM’S VOICE (continued on p.64) ....................................................................................................39
What is “foster care” or “out-of-home placement”? ..................................................................................................40
Why would my child be placed in foster care?..............................................................................................................40
What do the terms safety, permanency, and well-being
mean in the child welfare system? ....................................................................................................................................41
What does “safety” mean for me and my child? ..........................................................................................................41
What does “permanency” mean for me and my child? ..........................................................................................42
What does “well-being” mean for me and my child? ..............................................................................................42
THE PLACEMENT EXPERIENCE ..............................................................................................................................................43

How is it decided where my child will be placed?......................................................................................................43
Will all of my children be placed together?......................................................................................................................43
Who are the people that will take care of my child? ................................................................................................44
What information do I need to give to the child
welfare agency about my child? ..........................................................................................................................................44
Why does the agency need to have this information? ............................................................................................45
Will I need to sign special forms? ............................................................................................................................................45
Will I be able to visit my child in foster care? ................................................................................................................46
Where can I visit with my child? ..............................................................................................................................................46
THE COURT EXPERIENCE ............................................................................................................................................................47

What hearings will be held after my child is placed in foster care? ..............................................................47
What is the purpose of an “adjudicatory hearing,” and when is it held? ................................................48
What is the purpose of a “dispositional hearing,” and when is it held? ..................................................49
What is the purpose of a “review hearing,” and when is it held? ..................................................................49
What is the purpose of a “permanency hearing,” and when is it held? ....................................................50
What is the purpose of a “termination hearing,” and when is it held? ....................................................50
Why would the court hold a hearing to terminate parental rights (TPR)? ..........................................51
Under what conditions would the agency decide
not to try to terminate parental rights? ........................................................................................................................51
Is there a chart that shows when all these hearings take place?........................................................................51
A Family’s Guide to the Child Welfare System VII

Table of Contents
Section 5: Learning About Out-of-Home Placement Services continued
Who participates in all of these hearings? ..........................................................................................................................53

Will I be able to have my say in these hearings? Can I present my side?................................................53
What do I do if I can’t come to a hearing? ......................................................................................................................53
Will I be able to have a lawyer? Do I have to pay for a lawyer?......................................................................53
What is my lawyer’s job? ..................................................................................................................................................................54
Who advocates for the best interests of my child?......................................................................................................54
What is a guardian ad litem? ........................................................................................................................................................55
Will my child have a separate lawyer in addition to the Guardian Ad Litem? ..................................55
What are court appointed special advocates? How will
they relate to me and to my child? ..................................................................................................................................55
Can I give information to or ask questions of the judge? ....................................................................................55
SECTION 6: Placements to Obtain Treatment and Services for Children............................57

◗ JOHN’S MOM’S VOICE ..............................................................................................................................................................57
Do children who have not been abused or neglected, but who need
treatment services, ever get placed in the child welfare system? ..............................................................58
Is it okay to place children in foster care for these reasons? ................................................................................58
Are there some other ways to get treatment services for my child? ..............................................................59
Can Medicaid be used to help get mental health services for my child? ................................................59
What can we do if our family is not eligible for Medicaid? ..............................................................................59
What would happen if I felt that I had to place my child
to get treatment services for him? ....................................................................................................................................60
Do federal laws require parents to relinquish custody to get
out-of-home placement services for their children? ..........................................................................................60
Do states or local agencies require parents to relinquish
custody to access out-of-home placement services? ..........................................................................................60
If my child is placed just to get treatment services, would
the federal laws about termination of parental rights apply? ....................................................................61
If I place my child voluntarily, will I be able to bring him home at any
time, even if the agency worker or court does not recommend this? ................................................61
SECTION 7: What Are the Possibilities After Out-of-Home Placement?..............................63

Where could my child go after foster care? ......................................................................................................................63
REUNIFICATION ....................................................................................................................................................................................64
◗ DARREN’S MOM’S VOICE (continued from p. 39, continued on p. 91) ..............................................64
What does “reunification” mean?..............................................................................................................................................65
How can I help make reunification happen? ..................................................................................................................65
What responsibility does the child welfare agency have to help
me so that my child can come back home? ............................................................................................................65
Does the agency have to provide services for me and for my family? ........................................................65
VIII A Family’s Guide to the Child Welfare System

Can my child return home even if the judge decides the agency
does not have to make “reasonable efforts”? ............................................................................................................65
How will the decision be made for my child to return home? ........................................................................66
Will I get custody of my child once she returns home? ........................................................................................66
When will the child welfare agency and the court no longer
be involved with my family? ................................................................................................................................................66
ADOPTION ................................................................................................................................................................................................67
◗ ELENA’S VOICE ..................................................................................................................................................................................67
What does “adoption” mean? ......................................................................................................................................................67
Under what circumstances would my child be adopted?......................................................................................67
If my parental rights are terminated, will my child be adopted? ....................................................................68
Are many children who enter foster care eventually adopted? ........................................................................68
Who might adopt my child? ........................................................................................................................................................69
If my child is going to be adopted, will she have a say in
the decision about being adopted? ..................................................................................................................................69
Will I be able to have a relationship with my child after she has been adopted? ............................69
How can I obtain an open adoption for my child? ..................................................................................................69
If my child is adopted, will there be any services and
supports provided to the adoptive family? ................................................................................................................69
GUARDIANSHIP/KINSHIP CARE ............................................................................................................................................70

◗ ESTEFANIA’S GRANDMOTHER’S VOICE ..................................................................................................................70
What does “guardianship” mean? ............................................................................................................................................71
Why would legal guardianship be selected as the permanent plan for my child? ............................71
Can I select my child’s guardian? ..............................................................................................................................................71
Can a relative become my child’s legal guardian? ........................................................................................................71
How would my family benefit from a guardianship arrangement?..............................................................72
Will my child still have an agency worker after a guardian is appointed? ..............................................72
INDEPENDENT LIVING ....................................................................................................................................................................73

◗ SINORA’S VOICE ..............................................................................................................................................................................73
What does “independent living” mean? ..............................................................................................................................74
When is a youth considered an adult and ready to leave the foster care system? ............................74
Will the child welfare agency help prepare my youth for independent living? ..................................75
What is the Chafee Foster Care Independence Program? ....................................................................................75
◗ ANTHONY’S VOICE ......................................................................................................................................................................76
If the agency offers independent living services to my youth, does
this mean it will not try to find a permanent home for him? ..................................................................76
If my youth receives independent living services, can he still return home? ........................................76
How many youth leave foster care to live independently? ..................................................................................77
A Family’s Guide to the Child Welfare System IX

Table of Contents
SECTION 8: How Child Welfare Works with American Indian Families ..............................79
◗ THE VOICES OF ZAK’S AUNT AND UNCLE ..........................................................................................................79
What is the Indian Child Welfare Act (ICWA)?..........................................................................................................81
What does the Indian Child Welfare Act do for tribes? ........................................................................................81
How does the child welfare agency know when ICWA applies? ....................................................................81
What rights does the Indian Child Welfare Act give Indian families
and what responsibilities does it give state child welfare agencies? ......................................................81
What happens if my child is placed in foster care? ....................................................................................................82
What happens if my tribe gets involved? ..........................................................................................................................82
SECTION 9: Summary of Your Rights and Responsibilities ........................................................................85

as a Parent in the Child Welfare System
◗ NANCY’S VOICE ..............................................................................................................................................................................86
What are my rights related to service planning? ..........................................................................................................86

What are my rights related to child protective services? ........................................................................................86
What are my rights related to out of home placement? ........................................................................................87
What are my responsibilities as a parent involved with the child welfare system? ..........................88
What are the rights of my child or youth in foster care? ......................................................................................89
SECTION 10: Some Approaches Used by Child Welfare ..................................................................................91

Agencies to Help Families Reach Their Goals
◗ VOICES OF DARREN’S MOM, KATE,
AND FOSTER MOM, SALLY (continued from p. 64) ..........................................................................................91
What is discussed in this concluding chapter? ..............................................................................................................93
What values and principles are these approaches based on? ..............................................................................93
What are the names of some of the approaches that are based on these principles? ....................94
How do these approaches work? ..............................................................................................................................................94
Where can I get more information about these approaches? ............................................................................94
Has the federal government encouraged states and
communities to use these approaches?..........................................................................................................................94
How can I help make improvements in the child welfare system? ..............................................................95
◗ THELMA’S VOICE (continued from p. 13) ....................................................................................................................96
Terms You May Want to Know ................................................................................................................................................................99
Relevant Federal Laws/Policies ..............................................................................................................................................................111
Helpful Resources for More Information ..............................................................................................................................119
X A Family’s Guide to the Child Welfare System

Introduction
Introduction
Introduction
Introduction
Susan’s Voice
My children were placed in the foster care system. I know that a visit from
a Child Protective Services (CPS) worker to talk about your family can be
difficult and confusing. A Family’s Guide was created to help you better
understand how the child welfare system works, to inform you of your
rights and responsibilities, and to help answer questions you may have.
Throughout this nation, the absence of information has fueled parents’
fear and often their anger. Reading A Family’s Guide to the Child Welfare
System is one way to get information. It can help you become involved
and feel empowered within the system. It might help to ease any fear
and anger that you may have. Families involved in the child welfare
system and other individuals came together to create A Family’s Guide.
We hope you find it helpful.
Welcome to A Family’s Guide—Purpose of the Guide

Welcome to A Family’s Guide to the Child Welfare System. If
you are reading this, you are most likely involved with the
child welfare system, or perhaps you know someone who is.
We are glad you are reading this Guide. We hope it helps you
better understand the child welfare system and reach a
positive solution for your family.
A Family’s Guide to the Child Welfare System 3

Introduction
Think of the Guide as a tool to help you learn about

• experiences other families have had with the child welfare system;
• laws and policies within the child welfare system that direct the actions and
decisions of agency workers and courts;
• people whom you will meet, the service systems they work in, and their roles
with you and your family;
• ways to advocate for your family’s rights (your own and your children’s);
• your responsibilities as a parent when involved with the child welfare system; and
• practical tips from other parents.
How do I find information in the Guide?

The Guide is designed to follow a family’s path through the child welfare system
from first contact. Depending on your situation, you might find some sections of
the Guide more useful for you and your family than other sections.
The Guide asks and answers questions that other families thought would be of
interest to you. We have listed all these questions in the table of contents with page
numbers. We hope this will make it easy for you to find the information you need.1
Section 1 describes what the child welfare system is all about, what it does, how
families become connected to the system, and what happens after families become
involved with child welfare.
Section 2 describes child protective services. It tells what this part of the child
welfare system does and what families can expect when they get involved with
child protective services.
Section 3 describes the service planning process used by the child welfare system.
This process is meant to help everyone (you, your child, the child welfare agency,
and others involved with your family) come up with a plan for making the changes
that need to happen so that your child will be safe and can live in your home.
Section 4 explains how you and your family can participate in services in your
own home and community that will help your child remain at home.
1 Throughout the Guide, you will notice that we sometimes use the pronoun “he” and sometimes “she”
when talking about a child or youth. We recognize that all child welfare services address the needs of
both males and females. We use either “he” or “she” for ease of reading.
4 A Family’s Guide to the Child Welfare System

Section 5 discusses how out-of-home placement works. If your child needs to
leave your home for a period of time, it will help you understand
• where your child might live,
• how the foster care system works, and
• how the court hearing process you may be involved with works.
Section 6 discusses the dilemma that families face in some states when they cannot
afford treatment services for their children on their own. Sometimes these families
feel forced to turn to the child welfare system for help.
Section 7 discusses the kinds of services and choices for permanent placements
that are available to families and children. Most children who are placed outside
the home are there temporarily, and they eventually move to permanent
placements. Nearly 7 out of every 10 children return to their own homes or to the
homes of relatives.
Section 8 talks about the Indian Child Welfare Act. It describes what the Act does
for tribes and for Indian children and their families.
Section 9 provides a summary of your rights and responsibilities as a parent when

you are involved with the child welfare system.
Section 10 introduces some of the approaches that the federal government, states,
and communities are using to make the child welfare system work better and to
help families reach their goals.
Terms You May Want to Know

Following Section 10 we have included a list of terms that are used within the
Guide. So, if you do not know a term, you can look at the list to find out
what it means.
Relevant Federal Laws/Policies

If you want more details regarding laws that are mentioned in the Guide,
see this section.
Resources
Finally, a section on Resources describes where you can get more information
or help.

Introduction
Family Voices
In each section of the Guide, we have included examples of feelings and
experiences of other families who have been involved with the child welfare
system. Look for their voices in the special boxes. These “voices” tell the stories of
real families. Some families had good experiences. Others did not. Every family
member who contributed a “voice” came to the point that they could talk about
and share their experiences with others. Some of these voices are from adults, and
some are from youth. Even though your experiences may be different, these
families have contributed their stories so that you will know how they felt. We
hope that listening to all of their voices will be helpful.
Practical Tips For Families

We have also included Practical Tips for Families in most of the Sections. These
Tips give examples of questions you can ask and positive actions that you can take
to help you and your family. Other parents suggested many of the Tips, which are
based on their own experiences.
How can I use the Guide to help my family?

There are many different ways to use this Guide. Some of them are listed below:
• You can use it on your own.
• You can talk about it with other members of your family or with friends.
• You and your child welfare agency worker can review it together.
• You can review it with your lawyer.
• You can talk with other families involved with the child welfare system about
things in the Guide.
Can the Guide be used by people other than family members?

Yes, it can be used by the child welfare agency in its work with families, in training
child welfare staff, and in helping other child and family-serving agencies to
understand how the child welfare system works. It also can be used in teaching
students who are studying to become social workers.

Will all of the information in the Guide apply to the way things work in
the state or community where I live?
Not necessarily. Some policies and laws in your state or community may look
different from some of the federal laws mentioned in this Guide. We have tried to
note in the Guide the places where individual state or local laws may be different
from federal laws.
While all states must obey federal laws, they also are allowed to make some
changes so the laws will fit their individual state and local laws. The Guide will
give you basic information about how federal laws and policies guide and direct
state and county child welfare systems.
Some states and communities have developed their own pamphlets or guides for
families who become involved with the child welfare system. The authors reviewed
many of these documents while developing the Guide you are reading. They
provided us with information about state differences. Local guides can also provide
you with specific information about the child welfare system in your
state/community. You may want to ask your agency worker if your state/county
has a pamphlet or guide.
Practical Tips for Using A Family’s Guide

✓ You don’t have to read this Guide from cover to cover. You might find some sections
more useful than others.
✓ You can use the table of contents to find the questions that are most important to you.
✓ If you find this Guide is too difficult to read and understand, you can ask someone to
help. This could be your agency worker, your lawyer, a friend, a family member, or
someone else you trust.
✓ If English is not your first language, you can ask someone to help interpret or translate
this information for you.*
✓ You can ask your agency worker if there is a written guide for families that is specific to
your state or local child welfare agency.
✓ We suggest that you find out if some of the policies and laws where you live are
different from what is described in this Guide. You can do this by asking your agency
worker, a family organization, or a lawyer.
*A Spanish version of the Guide will be available soon. Funding to produce the Spanish version is
provided by the National Child Welfare Resource Center for Family-Centered Practice.

Sections 1-10
Sections 1–10
SECTION 1: What Is the Child 11
Welfare System?
SECTION 2: Learning about Child 13

Protective Services
SECTION 3: The Nuts and Bolts 25

of Service Planning
SECTION 4: Learning About Services 33

for Your Family in Your Own Home
SECTION 5: Learning About 39

Out-of-Home Placement Services
SECTION 6: Placements to Obtain 57

Treatment and Services for Children
SECTION 7: What Are the Possibilities 63

After Out-of-Home Placement?
SECTION 8: How Child Welfare Works 79

with American Indian Families
SECTION 9: Summary of Your Rights and 85

Responsibilities as a Parent in the
Child Welfare System
SECTION 10: Some Approaches 91

Used by Child Welfare
Sections 1–10
SECTION 1
SECTION 1
What is
the Child
Welfare System?
What does the child welfare system do?

The child welfare system was created to help every child
have a safe and secure home life. This responsibility has
been given to public child welfare agencies, but they can’t
do it alone. The courts, private child welfare agencies, and
other service systems (such as mental health, substance
abuse, healthcare, education, and domestic violence) are all
partners in serving children and families who come to the
attention of the child welfare system.
The public child welfare system is responsible for

• responding to reports from people in the community
In 2001, child welfare agencies around
the country received 2,672,000 reports of
who think that children are being abused or neglected
child abuse or neglect. The agencies • helping families solve the problems that cause abuse or
accepted more than half (1,789,000) of
these reports for investigation. Less than neglect
half (578,051) of those investigations
• helping children to be safe and secure
turned out to be actual abuse or neglect.
• preventing separation of children from their families
• working with the families so their children can return
home (when children have been separated from their
families to be safe)
• ensuring that children receive adequate care while they
are away from their families
In 2001, 290,000 children were placed in
foster care. During this same period, • finding another suitable permanent home for children
263,000 children left foster care. Nearly 7
of every 10 (174,690) children who left
who cannot return home
foster care returned to live with their
families or a relative.

Section 1: What Is the Child Welfare System
SECTION 1
To accomplish these goals, the agency works with families to identify their
strengths and needs. The agency helps families find the services and supports that
they need.
Why does the child welfare system get involved with families?
To ensure the safety of children—The major role of the child welfare system is
to ensure the safety, permanency, and well-being of children. The law in most
states gives the child welfare system the responsibility for responding to and
following up on reports and calls about the safety of and risk of harm to children
in the community.
To provide services—If a child is not safe or has been harmed at home, the child
welfare agency will provide services to ensure that the child is safe. It will also offer
services to the family to help them if the child is at risk of harm.
In some states, children and youth are identified as “in need of assistance,” “in
need of services,” or “in need of supervision” if their behavior is out of their
parents’ control. In these states, the court can order the child welfare agency to
provide services and supervision to these families. This might be done to keep
children and youth out of the juvenile justice system. States may use different
names to identify these children and youth. For example, children in need of
supervision might be referred to as “CHINS” in one state or as persons in need of
supervision, “PINS”, in another state.
Sometimes a family will ask the child welfare system or the court for services, even
when no one has reported a concern about their child’s safety. This may happen
when a family has tried unsuccessfully to obtain the right services for their child
who may have a serious emotional disorder, a developmental disability, and/or a
physical disability. Some families have found that this is the only way they can get
the services their children need. When children are placed in the care of the child
welfare agency, the state is responsible for providing the services they need. (See
Section 6 for more information.)
Practical Tips for Families

✓ The child welfare system is very complicated. You should feel free to ask questions and to
ask the same questions over and over if you need to.
✓ Check to see if there is a family organization in your community that can give you
support and information about the child welfare system.
✓ If there is not family organization, try to find other parents to talk to who have been
through the child welfare system.

SECTION 2
SECTION 2
Learning
About Child
Protective Services
Thelma’s Voice
My son and his kindergarten teacher had difficulties for a couple of
months. I tried everything I knew to make him behave, but he got into
trouble almost every day. My husband, his stepfather, intervened, feeling
that I was ineffective. His method, a good spanking, began soon after. The
spankings became more violent and lasted longer. I stepped into the middle
several times only to be told to stay out of it. I tried talking to my husband
several times when he was calm, but he dismissed my comments.
One day an agency worker appeared at my door. She explained that a

report had been made regarding my son and that multiple bruises on his
backside and legs were revealed during their interview and examination.
The CPS investigation only made my husband angrier. He felt they were
intruding and had no right to dictate how he should discipline his
children. After numerous attempts at counseling, he spanked my son
again, leaving a large bruise. The Social Services Department came and
removed my child. I felt my stomach tighten and my umbilical cord pull
away as my son left our home. I wailed in pain because they were doing
something that I believed only God could do—take my son away from me.
My son went into foster care, and my husband was arrested. They
explained that my son would remain in care until I could guarantee his
safety. I was left with the choice of having my husband released so that
he could go to work (I had no job) or having my son return home and
leaving my husband in jail. When I chose to have my husband released
from jail, I was accused of being a horrible mother by the judge. I have
never felt so torn in my life and did not know where to turn for help.
(Thelma’s Voice continues in Section 10, page 96.)

Section 2: Learning About Child Protective Services
What is Child Protective Services (CPS)?

Child Protective Services (CPS) is a specialized part of the child welfare system. It
SECTION 2
focuses on families in which a child has been identified as a victim of or in danger

of child abuse or neglect. This also may be called child maltreatment. State laws
require child protective services agencies to do the following:
• take reports from people who believe a child has been abused or neglected
• find out if abuse or neglect has taken place
• ensure that there is a plan in place to keep children safe
• provide services to families to ensure their children’s safety
What is child abuse and neglect?

A federal law called the Child Abuse Protection and Treatment Act (CAPTA) says
that at a minimum, child abuse and neglect is “any recent act, or failure to act, on
the part of a parent or caretaker which results in death or serious physical or
emotional harm, or sexual abuse or exploitation, or presents an imminent risk of
serious harm.”
There are several types of abuse and neglect. The definitions below were
adapted from CAPTA (some states may have slightly different definitions for
abuse and neglect):
• Physical Abuse—is causing injury to a child by beating, kicking, biting,
burning, shaking, or other ways of harming the child. Sometimes even when a
parent does not intend to hurt the child, a child’s injuries may be legally labeled
as abuse. For example, the injury may have been the result of over-discipline or
physical punishment. The law holds the parent responsible for the safety of the
child even when someone else in the home causes the injury.
• Child Neglect—is failure to provide for a child’s basic needs. This includes a
child’s physical, educational, medical and emotional needs. Sometimes neglect of
a child happens when a parent has a drug or alcohol abuse problem or some
form of mental illness. Not having enough money to take care of a child’s basic
needs does not mean a parent is being neglectful. It may mean that the parent
needs assistance.
When deciding if a child is neglected, the agency worker usually considers
cultural practices or differences. This is to make sure that a family is not wrongly
accused of abuse or neglect.

• Sexual Abuse—includes any type of sexual activity or sexual contact by a parent
or other caregiver with a child. Taking advantage of a child through prostitution
or pornography is also considered to be sexual abuse.
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• Emotional Abuse—includes actions of a caregiver that can hurt a child’s
emotional health, such as screaming and name calling. Other acts such as
rejecting or withholding affection are also forms of emotional abuse.

✓ Ask your agency worker to give you the definitions of child abuse and neglect used in
your state.
✓ If English is not your first language, ask for the definitions (and other materials) in your
own language.
Reporting Child Abuse and Neglect
A Grandmother’s Voice
My daughter abused drugs during and after her pregnancy. When her daughter
was born, she relinquished her to my care and returned to the streets. When my
granddaughter was a little more than 2 years old, she fell down bruising and
cutting her leg. Since it appeared to be a deep cut requiring stitches, I took her to
the hospital. While waiting for her to be released, a doctor requested that I step
outside of the room. I saw a man go into her room, and a part of me knew
exactly what was happening. I prayed that my grandchild would not say anything
to cause them to take her from me. After waiting for what seemed like an
eternity, they released her and told me that I could take her home. When I asked
what had just happened, the doctor said that when children come into the ER
with bruises, they must call social services. The man talking with my
granddaughter was the agency worker from social services. Even though the
doctor explained this to me, I felt that I was targeted because I am African
American. However, I was relieved that they recognized I had not abused my
granddaughter, and we were able to go home together.

How would CPS get a report about my child?

Anyone who might suspect that your child is being abused or neglected may call
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CPS to report the suspicion. Each state or local community has its own 1-800
number and 24-hour hotline. Any member of the community, parents, or child
victims themselves can call and make a report of suspected child abuse or neglect.
Any person may voluntarily report suspected abuse or neglect. Persons who work
with children and/or families are legally required to report suspected abuse or
neglect. They are called “mandated reporters.” This includes professionals in health
care, childcare, social services, education, mental health, law enforcement;
guardians ad litem; and clergy (unless information is considered privileged). This
list of mandated reporters may vary slightly from state to state.
Does CPS respond to all reports of suspected abuse and neglect?

Yes. There is some level of response to every report. Intake is the first stage of the
process. It is the point at which reports are received. The purpose of intake is to
gather enough information from the person who makes the report to determine
the following:
• if the reported information meets the legal and agency guidelines for abuse
and neglect
• if the person who is reporting seems believable
• if the child has been harmed or is at risk of harm
• if the agency should respond
• how quickly the agency should respond
If the agency decides that the report meets its guidelines for abuse or neglect, then
an investigation will take place. Nationally, 7 out of every 10 initial reports are
accepted for further investigation. If the suspected abuse or neglect is by a
noncaregiver, then the report may be sent to law enforcement, and the police may
need to talk to you and your child.
Does CPS respond to all reports of abuse and neglect in the same way?
No. A growing number of states have adopted alternative ways for responding to
CPS reports.
Investigation Response—When reports show that a child is in serious or

immediate danger of harm, an immediate investigation takes place. This is the
“investigation” response. The investigation process, as described later in this
section, is then followed. The agency worker, law enforcement, and the court may
become involved.

Alternative Response—Another response (often called an “assessment,” instead of
an investigation) is offered for families who are able to keep their children safely at
home while receiving services. These families want help and voluntarily agree to
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participate in services. The services received are individualized to meet each
family’s needs. The court is not initially involved with families when this
alternative response is used. If it becomes necessary to protect children, the court
can become involved. States that offer alternative responses find that families do
well and that courts rarely become involved.
How does the agency decide which type of response to use?

In states where this “alternative response system” is in place, the agency can choose
how to respond. The choice is determined by the following:
• severity of the report
• level of danger for the child
• availability of the necessary formal and informal supports
• willingness of the family to participate voluntarily in services and make the
required changes
How Investigations Work
Troy’s Mom’s Voice

I thought only girls were raped. I never imagined that anyone would touch my son
Troy. He was only 6 years old, and I didn’t know that I had to protect him from
that kind of harm. When I came home from work one day, my babysitter told me
that my son had not come home from school. She said that she had called the
school, and they told her someone from social services would call me. She hadn’t
heard anything else. I picked up the phone and called them, “Where is my son?”
They said someone would contact me. I sat at the phone waiting, dumfounded.
What had happened to my son?
A few hours later, (it felt like years), a man rang the doorbell and announced he
was the agency worker from social services. I screamed at him, “Where is my
son?” He asked if he could come in so we could talk, I let him in the house, only
to continue yelling, “Tell me where my son is. What have you done with him?” He
explained that my son was at the district office because of allegations of sexual
abuse. He asked me where my nephew was, and I told him he had not gotten
Continued on next page.

Troy’s Mom’s Voice continued from page 17.

SECTION 2
home from school yet. He had football practice after school. He sat me down and
explained that my son had complained to his teacher about pain in his bottom.
His teacher sent him to the nurse, who called CPS because my son had said that
my nephew had been playing “back there.” I became more hysterical. “No way.” I
said, “My nephew would never touch a child, let alone my son.”
I had taken in my nephew Alex several years ago after my brother became
addicted to cocaine. But I could not believe he would touch my son. He liked girls
and dated often. I explained all of this to the agency worker. He said that a full
investigation was under way, including a physical examination of my son, but
unless my nephew had somewhere else to live, my son would not be returned
home because he would be in danger. My head started spinning. What if my son
had made this up to get Alex in trouble? What if someone else had done this, and
Troy was blaming Alex?
“Where is my son?” I asked again. I wanted to talk to him and find out why he
was saying this. The worker said that he was at the district office, but unless
housing arrangements were made for Alex, my son would be placed in temporary
foster care until the investigation was concluded. They had to complete the
physical examination. An expert in the field of sexual abuse would be performing
it. I asked, “Can I go? Who is this doctor? Is my son scared? Who is with him?
What am I going to do?”
I finally found a good friend that agreed to take Alex and make sure he got
back and forth to school. The worker let the office know that my son Troy could
come home later that day after Alex had gotten his things and was taken to my
friend’s home.
The investigation took several months. During that time, I visited my nephew at
the friend’s home and provided for him there. My son remained at home with me
and began trauma therapy. They discovered that it had not been Alex that had
abused my son, but a neighbor down the street, who Troy was scared to “tell
on.” Alex was returned home, but their relationship is still strained. The boys
rarely speak to each other, and all of us are working it out during weekly sessions
with the therapist. I believe one day we will all heal, but that day is nowhere in
sight. Alex is hurt by the accusations, and no matter how often he is told that Troy
accused him because he could trust him, he is angry and confused. Troy continues
to work through what being sexually abused really means and what parts it will
play in his future.

Who conducts an investigation? What are their qualifications?
In many states the main investigator is a CPS worker. In other states, the
SECTION 2
investigator may be a law enforcement officer instead of an agency worker. Under
some circumstances, they work as a team. They must have the skills to work with
you, your child, other family members, community agencies, law enforcement,
and courts. In many states, agency workers that work in CPS must have a
bachelor’s degree or a master’s degree in social work or a degree in a closely related
field. CPS agencies must ensure that the workers have regular and appropriate
training and specialized skills necessary to provide quality services.
If CPS responds to a report about my family, what happens during

the investigation?
Often the CPS worker will re-contact the person who made the report to the
central hot line and clarify what they said happened. The CPS worker will
interview your child. If your child has injuries that are serious or visible, the CPS
worker and a physician may examine him. Interviews are then held with you and
the person who is accused of neglecting or abusing your child. The CPS worker
might also interview other witnesses. After all of the basic information is gathered,
the CPS worker determines what happens next.
Will the worker tell me who made the report?

No. You will be told about the report, but not the identity of the reporter. Most
CPS workers have an open mind about reports, and their experience tells them
that all reports are not true. They also recognize that most families do not abuse or
neglect their children on purpose.
What are the possible outcomes of a CPS investigation?

The agency may determine the following:
• Your child was not abused or neglected. When this occurs, the allegation is
called “unfounded” or “unsubstantiated.” There is no need for further CPS
involvement. The case is closed.
• Your child was not abused or neglected. The report was unfounded, but you are
having family problems for which you want some help. The CPS worker may
refer you to some community services that can help you on a voluntary basis.
• There is evidence that your child was abused or neglected. This is called having
the allegations “founded.” All states do not use this same language. They may
call it “substantiated” or “confirmed.”
• There is reason to suspect that your child was abused or neglected or is at risk
for abuse or neglect. However, the abuse or neglect cannot be proven. This is
called “indicated.” Currently, only 10 states have this category.

If there is evidence that my child has been abused or neglected,

what could happen?
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Depending on what happened to your child and your ability to keep him safe now
and in the future, any of the following may happen:
• If your child can be safe in your home, services may be put in place for your
family to prevent further abuse or neglect. Plans will be developed and supports
made available for your family to make sure your child is safe. This is called a
safety plan. It will be monitored by CPS.
• If your child cannot be safe at the present time in your home, he may need to be
placed with someone outside of your home. He could be placed with a relative
or in foster care.
• The Family Court may order you to make changes and to participate in services.
• Law enforcement may become involved if it is suspected that a crime has been
committed against your child.
Removal of a child during, or as a result of, an investigation is a very serious and

often painful outcome for both the child and the family. This action is reserved for
situations in which the child’s safety is at high risk, and the CPS worker
determines that the parent or caregiver is unable to protect the child.
Practical Tip for Families

✓ If your child has been removed from your home, tell the CPS worker about family
members or others who can be a resource to you and your child. This is especially
important if your child has been removed for safety reasons.
If there is evidence that my child was abused or neglected,

is a record kept?
Yes. If an allegation of child abuse or neglect is founded by the CPS agency, the
name of the person responsible for the abuse or neglect is usually placed in a
registry. Most states have a central place for keeping track of these names. The
length of time that the name remains in the registry varies by state.

If my child is NOT found to be abused or neglected, is a record kept?
Possibly. Ten states have policies that allow them to keep all reports on the Central
SECTION 2
Registry. But federal law says that you should not be listed in any place accessible
to the general public or to people who do employment or background checks. The
child welfare agency itself, however, can maintain this information for its own
future uses unless your state laws do not allow such records to be kept. If you find
that your name has been wrongfully listed, you have the right to appeal to have
your name removed.

✓ Ask your lawyer or agency worker if
– your name will appear in the registry
– your name does appear, how long it will be there
– a potential employer can learn of your involvement with child protective services
How are my rights as a parent affected or changed during an investigation?

During an investigation, there is no legal status change as a parent. Unless there is
an emergency removal of your child from your care, you will keep all of your
rights as a parent.
Can I be present when my child is interviewed?

The CPS worker has the authority to talk to your child and to your child’s
brothers and sisters without your consent and outside of your presence. If the
report claims that you or someone else responsible for your child’s care has hurt
your child, the law allows your child to tell what has happened without the family
members present. Therefore, the CPS worker decides who should be present
during the interview. Although your child can be interviewed and physically
examined without your permission, your cooperation and permission may
be requested.
Do I have to allow the CPS worker into my home?

No. You do not have to let a CPS worker into your home or answer their
questions. Despite this, the CPS worker is still legally required to investigate
reports of suspected child abuse and neglect. If there is reason to believe that your
child is in danger and you deny access to your home and your child, the police
may obtain a search warrant to enter your home and check on your child.

Will there be a court hearing if my child is removed from my home

during a CPS investigation?
SECTION 2
Yes. The CPS agency must file a neglect or abuse petition with the court that
handles juvenile or family court matters requesting a preliminary or “emergency
protection order.” This order gives the CPS agency temporary custody. This
custody allows the agency to protect your child’s life, health, or general care until a
hearing about the emergency placement can be held. An initial hearing (often
called the “emergency removal hearing”) is held within a short time (actual
number of days depends on local laws). This hearing determines whether the
emergency protection order was justified and whether there is a continuing need
to have your child placed out of the home. (See Section 5, p. 47.)
Will I have a lawyer for this initial hearing?

It depends. If you cannot afford a lawyer, you can request that one be appointed.
Some states may appoint a lawyer for you, but that is not always the case. (See
more about getting a lawyer in Section 5, p. 53.)
How are my rights as a parent affected after this initial hearing?

You will continue to influence many of the decisions about your child unless
the court directs otherwise. Your continued participation in the service plan
(described in Section 3) is one way for you to have influence. You should be able
to visit regularly with your child unless the court determines that this would
endanger his safety.
What has to happen for CPS to no longer be involved with my family?

The child welfare agency should no longer be involved with your family when the
following occur:
• The goals of the service plan have been met.
• You are able to ensure your child’s safety.
• Your family can meet your child’s needs.
• The court orders it.
What laws guide CPS?

Individual states have their own laws about child protective services. There also are
federal laws, such as the ones listed below, that guide CPS:
• The Child Abuse Prevention and Treatment Act (CAPTA) was passed in 1974.
This law was intended to improve CPS programs and make them more similar
across the country. The U.S. Congress has amended it several times since it was
passed. The most recent changes were made in June 2003.

• The Indian Child Welfare Act guides CPS for families enrolled in a federally
recognized tribe. (See Section 8 for more information.)
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What does CAPTA provide for?
Some of the things the law provides for include the following:
• investigation of CPS reports
• prosecution of child abuse
• child abuse prevention activities
• training for CPS workers
How does CAPTA affect families?

Some of the ways that this law affects families include the following:
• The law allows parents to appeal a finding of abuse and neglect.
• The law states that abandoning an infant can be grounds for permanently
terminating a parents’ rights.
• The law requires health care providers to notify CPS of all newborn infants who
are affected by illegal substance abuse or who have withdrawal symptoms that
resulted from prenatal drug exposure.
• The law encourages states to ensure that children and families who speak limited
English receive materials and services in their own language.
• The law encourages states to develop more prevention services, such as parent
education, respite care, voluntary home visiting, and family support programs.

✓ Ask your agency worker what changes have been made in your state/local area as a
result of the June 2003 amendments to CAPTA.
✓ If English is not your first language, ask for the information (and other materials) in your
own language, or ask for a translator.

Parents’ Notes
SECTION 2
Specific Information about Your State

SECTION 3
The Nuts
and Bolts of
SECTION 3
Service Planning
Joyce’s Voice
At first it was hard to work on the plan. I didn’t feel like I was a member
of the team; most of them were strangers. I wasn’t really involved in the
plan, but I still showed up for every meeting. I heard harsh things about
what they said that I had done and what I had not done for my children.
In the beginning, it felt like they were talking over my head. My mother
and sister were taking care of my kids. Catena was 4 weeks old when I
left her with my mother. She was born drug affected. They talked more
to my mother than they did to me. I was doing what I was supposed to
do. I had gone to treatment and was 90 days sober, but they still didn’t
talk to me. I knew something about my children—things that only a
mother knows. I wanted to tell them that Catena was colicky and Tyrone
had the shakes, but they asked my mother about this, instead of me.
I put my hand on the table and said, “Please talk to me.” When the team
couldn’t hear what I was saying, I wrote a personal letter for my worker
to read to the team. She read it at the meeting. This really helped. It was
the icebreaker for me.
The team will ask you what you would need to get your kids back. You
need to think of a plan. Here’s what I did to get my kids back. I went to a
parent support group. I learned how to speak for myself. I learned how to
let my emotions guide the team meeting. I found out that I could let
others know that I needed help. I got a parent partner from the family
organization in my town. She came to the team meetings and to court

Section 3: The Nuts and Bolts of Service Planning
Joyce’s Voice continued from page 25.
with me. She was my advocate. She was also an ex-addict and had been sober for
13 years. Her life was not always peachy creamy. I could identify with her. People
had looked down on me, so I had started to think that my kids might be better
off with someone else. She told me that my kids needed to be with me and that I
shouldn’t give up. I started reading novels about women. I began to feel better
SECTION 3
about myself. I learned how to go to market again. I learned to fix healthy foods
for my kids. I cut coupons to save money. I had to learn to bond with Catena
again. She was so young when she left me. This was all part of my plan.
After the kids came home, I had to play referee. I had to learn how to handle
situations without hitting them. I called the Parents Anonymous hotline when I felt
on edge. It’s not easy, but my children are doing well. I’ve been clean and sober
for more than 8 years now. I’ve had a job all that time. I have my kids with me,
and I’m a volunteer advocate for other families. I’ve been there, done that, and
got the T-shirt. This helps when I work with other families.
What is a service plan?

When you become involved with the child welfare system, you will be involved in
making a written “service plan.” This plan is like an agreement between you and
the child welfare agency.
Service plans should describe the following:

• the reason your child is involved in the child welfare system
• your family’s strengths and needs
• your child’s strengths and needs
• your child’s and family’s goals
• actions you and the child welfare system are to take
• services you and your child are to receive and participate in
• a time period for working on these things
If your child is living at home with you, the service plan will describe what needs
to happen so that she will be safe and can continue to live in your home. If your
child is in out-of-home placement, the service plan states the reason she came into
care. It will say what needs to happen for her to be returned home and for the
child welfare agency to no longer be involved with your family.
You will be asked to sign the service plan. You will receive a copy of the service
plan to keep.

When will my service plan be developed and reviewed?
Some states begin to develop service plans with families at the first contact. Other
states might start the service planning process later. The service plan is to be
discussed at least once every 6 months. This may happen sooner if your family
situation changes.
Is a service plan the same thing as a case plan?
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It could be the same. Different states use different names for the service planning
process. Your state might use the term “permanency plan,” “case plan,” “family
service plan,” “reunification plan,” or “treatment plan.”
What are the benefits of a service plan?

You can use a service plan like a road map. It tells you where you are going (for
example, trying to keep your child at home, helping your child return home, or
planning another permanent home for your child). It also gives directions as to
how to get there. A service plan can help you focus on what needs to change to
help your family’s situation improve. A service plan also helps you know how far
you have come and to keep track of the progress that is being made.
Who is involved in developing the service plan?

You, the parent, should always be involved with the agency worker in developing,
writing, and signing the service plan. It is also important to include children who
are old enough to participate.
Often a “child and family team” helps you and the agency worker develop the
service plan. This team should include people that you know, such as a service
provider, someone from your child’s school, a counselor who works with your
family, a family advocate, someone from your church, a good friend, or a close
relative. There may be some people on the team that you are meeting for the first
time. Members of the child and family team will have some responsibility for
helping you and the agency complete the service plan.


✓ If your child is in out-of-home placement (also referred to as foster care), the state is
required by federal law to develop the service plan for your child and family with you.
Working on the service plan with the agency worker gives you the chance to do the
following:
– explain what help both you and your child need
– set goals that are important to you
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– ask for specific services

– ask questions
– have a say in the type of care your child will receive
– clarify your rights and responsibilities as a parent while your child is in foster care
– understand your responsibilities and the agency’s
✓ Sometimes people on the planning team like personal touches. They need to feel that
they know you and your kids. Joyce (see her family voice on page 25) suggests writing a
personal letter to the team and bringing pictures of yourself and your kids to the team
meetings and to court. She says if you don’t write so well, that’s ok. Talk from your heart.
Say what you can.
✓ When you sign the service plan, it means that you agree with it. If you don’t agree with
it, you don’t have to sign it. Instead, you could ask the agency worker to reconsider the
parts that you don’t agree with.
✓ When parents who have pending criminal abuse or neglect charges against them
participate in services to help themselves and their family, this is not an admission that
the charges against them are true.
✓ Make sure your child has input into the plan if she is old enough.
✓ Ask for and keep a copy of your service plan and any updates to it.
✓ You can have an advocate or someone you trust present with you when the service plan
is developed. Let your agency worker know if you want someone else there.
Can my family have more than one service plan?

Yes. If you are involved with several different service agencies and/or the school
system, you and your family could have a number of service plans. A few examples
are listed below.
• If you participate in mental health or substance abuse counseling services, you
might have a “treatment plan.”
• If your child is under age 3, has some type of disability, and receives early
intervention services from Part C of IDEA (see the Section on Relevant Laws),
your family might have an Individualized Family Service Plan (IFSP).

• If your child is age 3 and older and needs special education services, she might
have an Individualized Education Program (IEP).
• If you are receiving financial support from TANF (see Terms You Might
Want to Know), you might have an Employability Plan or a Personal
Responsibility Contract.
How do I handle more than one service plan?
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While each service plan is meant to be helpful for you and your family, it can be
difficult to keep track of and meet the expectations of all of them. It is very
important for you to let workers from each system know that you are involved
with other service plans. Some parents have found it helpful to have a child and
family team, as described above, and to include someone from each of the service
plans on the team.

✓ Talk with your agency worker about how to bring together your child welfare service
plan with other service plans you are involved in.
✓ Ask your agency worker to help coordinate appointments and activities that are part of
all your service plans.
What does a good service plan look like?

• A good service plans starts out with a good assessment. This means that your
family’s strengths, needs, and problems will be reviewed.
• You, as the parent, will be actively involved in a good service plan. It is an
understanding between you and the agency/court as to what needs to happen. It
is your opportunity to say what kind of help you need to reach the goals that
have been set. A service plan that only lists tasks that the agency or court says
you must do is NOT a good plan.
• The service plan will help you work on both immediate and long-standing
problems in your family.
• A good plan will be reviewed regularly by you and the agency worker. The plan
will be flexible enough to change as your family’s needs and progress change.
• The service plan will be written clearly in simple, straightforward language. It
should not be filled with bureaucratic and legal jargon.
• Goals will be reasonable. Steps for achieving the goals should be spelled out
clearly. Timeframes will be understood by everyone.

• The service plan will show an understanding of your family’s culture and beliefs.
It will include services that will be right for your family’s culture.
• A good service plan will fit your family. It will not have a list of goals and
services that could fit any family.

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✓ If you have trouble speaking or understanding English, ask the agency worker to have an
interpreter available while you are creating the service plan.
✓ Ask for a written copy of the plan in your first language.
✓ Keep track of your responsibilities and the agency’s so that you can show the court the
responsibilities that you have fulfilled. You may want to keep all information in a journal,
so it’s in one place.
Is there any other type of planning process that I might be involved in?
Yes. There is. Some families whose children go into out-of-home placement
become involved in a planning process called “concurrent planning.”
What is concurrent planning?

Concurrent planning means that the agency and the court work with you on two
different goals at the same time. The primary plan is to get children and parents
back together. However, at the same time (thus, the use of the word “concurrent”),
there is a back-up plan for the child to live in another permanent home in case
she cannot return to her own family. This is one way that states try to shorten
the amount of time it takes for children to find permanent homes. It also
reduces the number of placements for a child. About 37 states have laws about
concurrent planning.
Here are some examples of how concurrent planning works:

• A child in foster care lives with a family (usually a foster family or a relative)
who is willing to work closely with the parents to help the child return home.
This family also is willing to become the child’s permanent family, through
adoption or legal guardianship, if she cannot return home.
• Sometimes agency workers look for adoptive homes for children before their
parental rights have been terminated. A child might be placed with a “pre-adopt”
family who would like to adopt the child, if she cannot return home.

Do all families whose children are in foster care participate
in concurrent planning?
No. Concurrent planning is appropriate for many children in foster care, but not
for all. When it seems that it will be difficult for a child to return home,
concurrent planning often occurs. There are other factors that might influence the
decision to use concurrent planning:
• age of the child
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• how long the child has been in out-of-home placement
• likelihood that the child will return to her own family
• family’s past history
• family’s level of cooperation with the agency
• the willingness and ability of foster parents to provide a permanent home
• placement of the child’s siblings
Is concurrent planning used with teens?

Sometimes it is. If a teen cannot return to her own home, the agency worker
might try to find an adoptive home for her while also helping her develop positive
relationships with extended family members and other adults. This is done so that
the youth will have emotional supports in place if an adoptive home cannot be
found by the time she turns 18.
How will I know if my family is involved in concurrent planning?

If concurrent planning occurs with your family, it should be part of the service
plan that you agree upon with the agency worker and court. As the parent, you
should be fully advised of the concurrent planning process.

✓ It is important for you to know how the concurrent planning process works so you can
help decide whether it is right for your child and family.
✓ If you are uncertain of what this process means for you and your child, be sure to get
answers from the agency worker, your lawyer, and/or the court.
✓ It is important for you to help your child understand how she will be affected by
concurrent planning.

Parents’ Notes
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SECTION 4
Learning about Services

for Your Family in
Your Own Home
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Lisette’s Voice
I am a single mother of four boys. Four years ago, I was living with my
boyfriend and there were a lot of fights in my home and the boys were
always injuring themselves. Because of the domestic violence and the boys’
injuries, I was reported to child abuse at least four times. Most of the times
the protective services worker found that I did not hurt the children. But
when my 6-year-old set his bed on fire, the protective services worker said
that my family needed help. We agreed to accept in-home services. By that
time, my boyfriend and I had separated, and I was having a hard time
keeping my family together. I put two of my children with my sister and two
stayed with me. Once the worker and I began to work together, we found
out that all four of my sons needed help with their mental health. They
were getting into trouble in the neighborhood, setting fires, and doing
poorly in school. We also had no place to live and needed a lot of things.
The in-home services worker helped us get Section 8 housing. She helped
us get food and clothes so we could all live together again. She also took
us to a community mental health program. I found out that my sons had
a lot of problems. They had ADD,* ADHD,** learning disabilities, and one
had epilepsy. The mental health program prescribed medicine for them, and
mental health counselors and taught me how to help them. The in-home
services worker also went to the schools with me and attended the IEP***
meetings. A year after the in-home worker referred me to the community
mental health program, DCFS closed my case. I now have a family advocate
who attends school meetings and court hearings with me. My problems are
not all solved yet. My 13-year-old son is involved with the court system. He
is mentally challenged. I am still involved with the mental health program,
but my family is still all together. They are no longer being injured, and we
are working on our problems with a case manager and a family advocate.
*Attention Deficit Disorder, **Attention Deficit Hyperactivity Disorder, ***Individualized Education Program

Section 4: Learning about Services for Your Family in Your Own Home
What are in-home services? What is their purpose?

The main goal of in-home services is to help you stay together as a family while
ensuring the well-being and safety of your children. In-home services are different
from traditional office-based services because they take place in your own home, or
in and around your community. In-home services help you to learn the skills you
need to provide care and protection for your children and to prevent out-of-home
placement. If your child is already placed away from your home, in-home services
can help you and your child live together again.
In-home services are known by different names in different communities:

• family support services
• family preservation services
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• intensive home-based services

• family crisis services
• family-centered services
• family reunification services.
With in-home services, you can expect the following:

• Your family will be encouraged to take charge of your own lives.
• Your family will be an active partner in all of the services.
• Services will be in your own language and respectful of your culture.
• Your family’s basic needs will be addressed, such as food, shelter, clothing, health
care, child care, training for employment.
• Other services to meet your family’s individual needs, such as family counseling
in your home, will be offered.
In-home services vary in length (number of weeks or months) and intensity

(number of hours per week or month) depending upon the individual needs of
your family.
Are there different types of in-home services?

Yes. In-home services generally fall into two types: intensive family preservation
services and longer-term family support services. Some states offer services similar
to what is described below. In other states, these two kinds of in-home services are
not as separate as they appear here.

Intensive Family Preservation Services (IFPS)—These services are meant to help
when a child is at immediate risk of being removed from home. Services may be
short-term, for example, 8-12 weeks, with staff available to the family 24 hours a
day, 7 days a week. A combination of child welfare agency and community
providers may spend up to 20 hours per week with the family.
Families are contacted immediately after being referred. A service plan, based on
the family’s strengths and needs, is developed with the family. Support services to
take care of the family’s immediate crisis are provided. IFPS also help develop
practical skills such as parenting techniques, budgeting, managing the household,
and shopping. These skills are “modeled” by the worker and practiced by the
family. If concrete services such as home repairs, utility payments, food and
clothing are needed, they can be provided with “flexible” funds.
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LongerTerm Family Support Services—These services are similar to intensive
family preservation services and are based on the same principles and goals. They
also are designed to strengthen families and help them stay together; however, they
are offered when the family is not in a crisis situation and there is no immediate
risk of out-of-home placement. Services may be offered over a longer period of
time (for example, 6 to 12 months) and for less time per week (for example,
1 to 3 hours).
Family support services include, but are not limited to, a variety of services, such
as mental health services, substance abuse services, assistance to deal with domestic
violence, respite care for parents and caregivers, parenting skills training, and
individual and family counseling.
NOTE: The level of intensity of the service depends on what your family needs.
Many families do not need intensive family preservation services, and IFPS are not
equally available in all states. Most states do, however, provide longer-term family
support services and reunification services.
How can I get in-home services?

Most often, families are referred to in-home services after a report of child abuse or
neglect. If your family needs help to stay together and keep your children safe, you
should be eligible to receive in-home support services. In addition, if your child is
returning from out-of-home care, in-home services to help you get back together
should be available to your family.

Referrals for these services may be made by the agency worker, the court,
physicians, health departments, mental health centers, schools, law enforcement,
and other interested professionals. There are three ways you can get in-home
services. You can be referred by someone else, you can be ordered by the court
to participate in in-home services, or, in many states, parents can ask for the
services themselves.
What happens if I refuse in-home services?

If the in-home services are not court-ordered, you can refuse to participate or you
can stop participating. But if there is concern for your child’s safety, the court can
order you to participate.
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✓ Request that your family and friends be involved in your support system.
✓ Request the appointments take place during times that work for your family, for
example, after the regular workday or on weekends.
✓ If you think you need help, ask for it.
✓ Ask for services in your own language.
Are there any circumstances in which in-home services would

NOT be provided?
Yes. If your child would not be safe at home while your family is involved in
services, he would be placed out-of-the home before services were provided for
your family.
Also, a 1997 federal law, the Adoption and Safe Families Act, describes “aggravated
circumstances” when states do not have to make reasonable efforts to keep families
together or to reunify families. This means that under certain circumstances the
agency would not offer in-home services for you and your family. This law gives
examples of aggravated circumstances such as the following:
• abandonment, torture, chronic abuse, and sexual abuse
• a parent has murdered or committed voluntary manslaughter (or planned to do
so) against another of his/her children
• a parent has committed a felony assault against another of his/her children
• the parent’s rights to the child’s sister or brother have been
terminated involuntarily.

“Aggravated circumstances” can be defined differently by each individual state.
States can add more circumstances to the examples listed above.
Do child welfare agencies have funds to pay for in-home services?

Federal laws say how important it is to prevent the placement of children in out-
of-home care, but the federal government provides more funding for out-of-home
care than for in-home services. States use federal money and a number of other
funding sources to offer in-home services. Your state may or may not have enough
funds to serve all families who need in-home services
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✓ Check in your community to find out where and how to get in-home services for your
family should you need them.
✓ Find out how your state defines “aggravated circumstances.”

Parents’ Notes
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SECTION 5
Learning About
Out-of-Home
Placement Services
Darren’s Mom’s Voice
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My son was 2 1/2 years old when he went into foster care; he was 4 1/2
when he came back home. I had been struggling with drug and alcohol
abuse and had been asked twice before to place him in foster care so
that I could get treatment, but I had said no. Finally, I decided to go into a
2-week detox program and arranged with the agency worker to place
Darren in foster care. I was to enter the program on Monday. At the
request of the agency worker, I brought Darren to the agency on Friday
so that he could meet the foster mother before going to stay with her on
Monday. They took him upstairs to meet the foster mother, but I was not
allowed to go with him. I went out to buy cigarettes while he was
upstairs. When I came back a few minutes later, they had taken Darren
away and said that they would see me in court on Monday.
I was so angry that I wanted to fight. It was hard to get past the anger.
At first I didn’t want to see Darren because I was so angry. But I got over
that. My lawyer told me that in court I should ask for what I really
wanted. So I asked for frequent visits with Darren, and I asked to get
copies of every paper and report that related to him. I also said that I
wanted them to ask me before cutting his hair. I knew that I was still
Darren’s mother, and I wanted some control over what happened to him.
While Darren was in care, I had two relapses, but I made the decision to
get him back. It was my decision. I could have just given up and told
them to keep him. But I never did. I knew it would work out.
(Darren’s Mom’s Voice continues in Section 7, page 64.)

Section 5: Learning about Out-of-Home Placement Services
What is “foster care” or “out-of-home placement”?

Foster care is 24-hour care provided by the child welfare system for children
who need to move out of their own homes temporarily. If your child moves
into foster care, she may live in one or more different types of placements, such
as the following:
• kinship care (placement with relatives)
• an emergency shelter
• a foster family home
• a therapeutic foster home
• a group home
• a residential treatment center, or
• an independent living arrangement for older youth.
(See the section Terms You Might Want to Know for definitions of these
placement types.)
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Many places use the term “foster care” when referring to any out-of-home
placement. In this Guide, when we use the term “foster care,” we mean the type of
out-of-home placements listed above.
Why would my child be placed in foster care?

Here are several possible reasons:
• If the court determines that your child was abused or neglected in your home by a
parent or caregiver, it may transfer custody to the child welfare agency so that
your child can live somewhere else (as discussed in Section 2). Generally,
placement in foster care is temporary and intended to give you time to make the
changes necessary for your child to live safely in your own home.
• In some states, you might decide to place your child in foster care through a short-
term, voluntary agreement with the child welfare agency. You might do this for a
specific reason, for example, if you entered inpatient hospital care for a short
period and had no one who could care for your child during that time.
• If your child has a very serious emotional disturbance or a disability, you might turn
to the child welfare system to provide and fund the services your child needs. This
happens sometimes when parents have exhausted all possible community-based
services that they can afford, and they cannot find or pay for intensive treatment
services for their child. (See Section 6 for more information about this reason for
a child’s placement in foster care.) Several states have found ways to help children
get intensive treatment services without involving the child welfare agency.

• If you or someone else thinks that your child’s behavior is beyond your control, the
court can be petitioned to order services for your child and family. Examples of out-
of-control behavior include running away, refusing to go to school, and serious
substance abuse problems. Some states allow placement in foster care for these
reasons. The terms that are used to describe children and youth who fall into
this category are different in different states. Examples of such terms are Children
in Need of Services (CHINS) or Children in Need of Assistance (CINA).

✓ If you have a voluntary agreement with the child welfare agency, be sure to get the
agreement in writing. It should clearly explain your parental rights.
✓ If English is not your first language, you can ask to have the agreement in your own
language. If this is not possible, you can ask for an interpreter to be present.
✓ It might help to have a lawyer review the voluntary agreement that you sign.
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What do the terms safety, permanency, and well-being mean
in the child welfare system?
It is important to know that federal and state laws set three main goals for children
who are in the child welfare system.
• safety
• permanency
• well-being
Agency workers and courts are guided by these three goals when they make
decisions related to your child’s future.
What does “safety” mean for me and my child?

“Safety” means that your child must be protected from abuse and neglect. (See
Section 2 for a full explanation of what “abuse” and “neglect” mean). Ensuring
your child’s safety will be the most important goal.
Federal law requires child welfare agencies and courts to think about child safety
when they make decisions about where your child will live (for example, in your
home or with a relative). They also think about your child’s safety when they
decide what services to provide for your family.

Safety is an issue even when a child lives in a foster or adoptive home. Federal law
requires the child welfare agency to do a criminal background check on anyone
who applies to be a foster or adoptive parent. Most state laws also require this type
of check. In addition, child welfare agencies do an intensive study of everyone who
applies to become a foster or adoptive family.
What does “permanency” mean for me and my child?

“Permanency” means that your child will have a stable, permanent home. It also
means that it is very important to continue family relationships and connections
with your child while he is living in a placement outside of your home.
To achieve “permanency,” the child welfare system wants to return your child
home as soon as it is safe to do so. Nearly 7 out of every 10 children in foster care
return to their own families or to the homes of relatives.
If, after a certain amount of time in foster care, the child welfare agency and court
believe that your child will not be able to live safely in your home, the child
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welfare agency must look for another home where your child can live permanently.
A relative or another person who knows your child well could be appointed by the
court to be your child’s legal guardian. Your child might be adopted by the
guardian or another family. Many foster parents adopt the children who live with
them when the children are not able to return to their own families. (See more
about possible placements after foster care in Section 7.)
What does “well-being” mean for me and my child?

Your child’s needs must be taken care of while in foster care. This includes physical
health, mental health, and developmental and educational needs. In addition, you
should receive services that help you provide for your child’s needs and safety.

The Placement Experience
How is it decided where my child will be placed?
Either the child welfare agency or the court will determine where your child will
be placed when she moves into foster care. Federal child welfare law requires the
court or child welfare agency to find out first if your child can live safely with a
relative. You can suggest a relative or close friend who might be able to care for
your child. Placement with a relative is often called kinship care.
If placement with a relative is not possible, your child will likely go to a family
foster home or a temporary children’s shelter. In some places, the first placement
for a child may be a short-term group residence. In other places, children go
directly to the foster family who will care for them until they can return home.
Agencies usually try to place children as close to their own homes and
communities as possible.
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If your child has very intensive treatment needs, a family foster home or a kinship
home might not be able to care for him. If this is the case, your child could be placed
immediately in a place where his needs will be met. This could be a therapeutic
foster home, a residential treatment center, or some type of medical placement.
Will all of my children be placed together?

If more than one of your children is being placed in foster care, the agency should
place them together. Sometimes this is not possible for a variety of reasons. For
example, there might not be a foster home large enough to care for all of your
children. Or one of your children might need to be placed separately where she
can get special treatment.

✓ If you have relatives or very close friends who can provide a safe home for your child, be
sure to tell the agency worker about them as early as possible.
✓ Even if your relatives live out of state, it is still possible for them to be considered.
✓ If you believe it is important for your children to be placed together, explain why and ask
the agency worker to try to make this happen.

Who are the people who will take care of my child?

• They might be a relative (kinship care) or a close friend. This can happen if you
have suggested it, and the relative and the agency and/or court agree that it is a
good plan and a safe placement for your child.
• They might be a foster family that you may not know. All foster parents must
meet certain standards set by the state to help ensure that children will be safe
and cared for. Most foster parents have been trained to understand the special
needs of children who live away from their families.
• They might be staff who work in a group or residential setting. Group care
facilities must be licensed, and staff must meet standards set by the state.
What information do I need to give to the child welfare

agency about my child?
You know your child better than anyone else. When your child is being placed in
foster care, it is very helpful for you to share important information about her
with the child welfare agency and the people who will care for her. It is important
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to provide information about the following:

• your child’s daily routine and special needs (e.g., what food your child
likes/dislikes)
• school placement and progress
• your child and family’s medical history
• special care your child has received or needs
• upcoming medical appointments
• names of health care providers your child uses
• allergies your child has
• medications your child is taking
• special treatment for developmental or behavior problems
• information about your child’s close friends
• names of family members and close friends who can help
• anything else that will help meet your child’s needs and make the adjustment to
a new home easier
When your child returns home, all original documents that you shared with the
child welfare agency should be returned to you.

Why does the agency need to have this information?
It will help your child receive the right services. It will also ensure your child does
not receive treatment services that she has already had. Your child’s temporary
caregivers may be taking your child to a new doctor. They may not know much
about her medical history. The doctor needs this information to properly care for
your child. Without the information, a doctor could give her a medication that
she is allergic to, or she might be given shots that she has already had.

✓ When your child moves into an out-of-home placement, be sure that she takes some
things from home to help her feel more comfortable in the new placement, for example,
some very special toys, pictures, or other items she treasures.
✓ For many children it is important to keep ties with friends and neighbors. You might
want to ask the agency worker to try to place your child near his neighborhood.
✓ Let the agency worker know what works to help calm and reassure your child, especially
during this difficult time.
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✓ Make sure to give as much information about your child as possible to ensure that her
needs will be met.
Will I need to sign forms?

Yes. When your child comes into foster care, you will need to sign at least two
kinds of forms:
Release of Information Form—This release allows people who will be working

with and caring for your child to see her records (for example, medical, mental
health, dental records). In some states, different agencies that provide services to a
child or family are not allowed to talk with each other about a child unless they
have the parent’s permission. If you don’t give your permission, the agency might
have to get a court order.
Consent Forms—It is important to sign consent forms for special treatments or

evaluations that your child might need.
Parents who voluntarily place their children will need to develop and sign
voluntary placement agreements. (See Section 6 for more information about this.)


✓ If you have questions about any of the consent forms, ask your lawyer to explain them to
you. If you do not have a lawyer, your agency worker can answer questions about the
forms. It is important for you to understand the purpose of each form and how it will be
used before you sign it.
✓ You can have someone present with you when you sign the release and consent forms
to help you understand what you are signing.
✓ If English is not your first language, you can ask for the forms to be written in your own
language or ask for an interpreter to be present.
Will I be able to visit my child in foster care?

Yes. Unless the court orders you not to visit, the child welfare agency is responsible
for developing a plan with you that allows you and your child to visit regularly.
This plan will be part of your service plan (see Section 3). The visitation plan is
intended to help you stay in touch with your child and to help your child return
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home to a safe environment as soon as possible.
Each family’s plan for visiting will be different. Your plan will be based on your
and your child’s needs and desires. It will also consider the needs and desires of the
foster family or the staff in a group facility where your child might be placed.
Most likely the agency worker’s schedule and resources will be considered. If your
child is placed in a group home or residential treatment center, you will be
encouraged to visit there. This will help you learn about the program.
Your children have a right to have regular visits with each other if they live in
different foster care placements.
Some families have “supervised visitation.” This means that a person from the
agency will stay with you while you visit your child. This is done with some
children to be sure that they are safe at all times. Other families visit together
without “supervision.”
Where can I visit with my child?

Where you and your child visit depends in part on where she lives. Visits can
happen in a number of different places. This could be your home, the foster
home, the agency, a visitation center, a treatment center, a public location, a
recreation center, etc. Deciding where you will visit with your child is part of the
planning process.

✓ Work closely with the agency worker to develop a visiting plan that will work for you
and your family. If your children have been placed in different homes, make sure that the
plan also tells how they will be able to visit with each other.
✓ Visit as regularly as you can. This will be very important to your child.
✓ Following the visitation plan lets the agency know that your children can depend on you.
✓ Ask your agency worker what you are supposed to do and whom you call if you can’t
make a scheduled visit.
✓ If you need help in paying for transportation to the visits, talk with your agency worker
about how to get tickets, tokens, or money to pay for travel expenses.
✓ Try to form a connection and relationship with the foster family or the staff where your
child lives.
✓ Some families have said that it is helpful to meet the foster family on neutral ground
rather than going to their home, especially at first while you are getting to know each
other.
✓ It might feel strange to be “visiting” with your own child. You might want to talk with
someone who can help you cope with these feelings.
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✓ When you visit and talk with your child, try to understand how difficult it is for him to
have more than one caregiver right now. He might think that he has to choose between
you and his foster parent. Let him know that he doesn’t.
The Court Experience

When children and families become involved with the child welfare system, they
usually become involved with the court system also. Certain legal decisions about
children must be made in a court. These decisions are binding. Courts generally
believe that families can correct or improve the situations that brought them to the
attention of the court.
What hearings will be held after my child is placed in foster care?

Section 2 (Child Protective Services) describes the initial hearing (sometimes called
an “emergency removal hearing”—see p. 22) that you participated in before, or
immediately after, your child was placed in foster care. If your child has remained
in foster care after this first hearing, you will be involved in a number of additional
hearings that are described below.

There are five main types of hearings. These hearings are held in the civil court
that handles family matters, usually a juvenile court or a family court. They are
not held in criminal court.2 Each has a different purpose and is held at different
times. Your state might use different names than the ones listed below to describe
these hearings. Your state also might schedule hearings sooner than federal laws
require. The five hearings are as follows:
• adjudicatory hearing
• dispositional hearing
• review hearing
• permanency hearing
• termination hearing

✓ Talk with your agency worker or your lawyer about the names used in your state, the
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timeframes, and the purpose of all five hearings.

✓ Make sure you are clear about which hearing is taking place.
✓ You should be notified about when the hearing takes place. Check with your lawyer or
agency worker to find out which hearing is taking place and when.
What is the purpose of an “adjudicatory hearing,” and when is it held?

If child abuse or neglect accusations were made against you, it is at the
adjudicatory hearing that the court (usually a judge) will decide whether there is
enough evidence to support the charges. The court also will determine if abuse or
neglect (as defined in your state’s law) occurred. This hearing has different names
in different states. Sometimes it is called a “trial,” a “jurisdictional hearing,” or a
“fact-finding” hearing. Remember there might be separate criminal proceedings
regarding the abuse of your child.
It is recommended that the adjudicatory hearing occur no later than 60 days from
the time that a child is removed from home, but this is not mandated by federal
law. States may have this hearing sooner or later than 60 days.
Sometimes both the adjudicatory and the dispositional hearing (see below) occur
at the same time. If the judge determines at the adjudicatory hearing that your
child has been abused or neglected, a decision about where your child would be
placed could be made at the same hearing.
2 If your child was abused, and the abuse was so severe that the person accused of committing the abuse
is charged with a crime, a hearing on the criminal charge would be heard in criminal court. That
proceeding is completely separate from the five hearings described here.

What is the purpose of a “dispositional hearing,” and when is it held?
At the dispositional hearing, the court makes a decision (called a “disposition”)
about who will have custody and control of your child. A decision is also made
about where your child will live. The court might decide that your child can
return home, be placed with a relative, or remain in foster care for the time being.
In addition to deciding where your child will live, the judge also decides whether
the child welfare agency must make “reasonable efforts” to help you get your child
back home. Federal law requires all states to make “reasonable efforts” to provide
services to prevent children from being removed from their homes. States also are
required to make reasonable efforts to help children safely return home.
However, there are some circumstances (called “aggravated circumstances” in

federal law) when the court can decide that the agency does not have to make
reasonable efforts to help parents get their children back (see Section 4, page 36
for more information).
Federal law does not say when the dispositional hearing must occur. Individual
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state laws set this timeframe. Some guidelines recommend that it be held no more
than 30 days after the adjudicatory hearing.
What is the purpose of a “review hearing,” and when is it held?

Review hearings provide the opportunity for you to discuss how you and your child
are doing while she is in foster care.
All states must set up a system that ensures review hearings will be held at least
once every 6 months. (Some states have them more frequently.) This review
hearing helps you and the agency to determine the following:
• if your child is safe and well in her present placement
• whether your child needs to continue in placement
• if you and the agency are doing what the service plan says each of you will do
• what kind of progress is being made
• whether the service plan should be changed.
The review hearing may be conducted in a court or by a separate administrative

panel. The administrative panel will be made up of people who are involved with
you and your child. At least one member of the panel must not be directly
responsible for the services you and your child receive. Many states have foster care
review boards made up of citizens in the community. These boards review the
progress of all children in custody, and their families, on a regular basis.

What is the purpose of a “permanency hearing,” and when is it held?

The permanency hearing is very important. It is not just another review hearing. It
is intended to truly decide where your child’s permanent home will be. It also sets a
date for achieving this permanent home. The permanency hearing is held at the
latest within 12 to 14 months after your child leaves your home. If your child
remains in foster care longer than 12 months, a permanency hearing must be held
at least every 12 months thereafter.
If the court decides at the dispositional hearing (mentioned above) that

“reasonable efforts” should not be made to help your child return home, the
permanency hearing must occur within 30 days of that decision. The first
12-month time frame would not apply.

✓ Because of the importance of the permanency hearing, be sure that you know the exact
date that it will be held.
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What is the purpose of a “termination hearing,” and when is it held?

The purpose of the termination hearing is to decide whether all of a parent’s rights
should end, for example the rights to make decisions about a child, the rights to
visit, and more. If a parent’s rights are terminated, the child can be placed in
another permanent home, usually through adoption.
Federal law says that a termination hearing may be held after a child has been in
foster care for 15 of the most recent 22 months. In some states there are a number
of reasons why a termination hearing may be held sooner than this:
• Some states give families less time.
• A parent has abandoned a child.
• A family, who is offered services, does not make efforts to improve the situation
that brought the child into care.
The timing for termination hearings is a little difficult to understand. The 15

months do not have to be consecutive. Even if a child is at home for a while and
returns to foster care, the time at home is counted as part of the 22-month period.

✓ Ask for the exact date when your child will be in foster care for 15 of the most recent
22 months. This is when the agency can begin the process to terminate your parental
rights. Mark this date on a calendar because it’s very important.

Why would the court hold a hearing to terminate parental rights (TPR)?
In certain situations, such as those listed below, federal law requires that the child
welfare agency begin proceedings to terminate parental rights. (Note: there are
exceptions to this requirement; see next question and answer.)
• a child has been in foster care for 15 of the most recent 22 months
• a court has determined that a child is an abandoned infant
• a court has determined that a parent has murdered, seriously injured, or
attempted to murder another one of his/her children.
State and federal laws have been developed based on the belief that children need a
safe, stable, and permanent home to grow up in. These laws expect parents to
provide this for their children. The laws set time limits so that if parents cannot
provide a permanent home within those limits, their children will still have the
opportunity for a safe and stable home in another family.
Under what conditions would the agency decide NOT to try to terminate
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parental rights?
It is very important to note that state child welfare agencies have the option not to
pursue termination of parental rights under the following three conditions:
• a child is being cared for by a relative (and the state has decided this is an
acceptable plan for the child)
• there is a compelling reason why terminating parental rights would not be in the
best interest of the child (for example, when a parent is making progress and it is
likely that the child can return home soon, even though she already has been in
care 15 of the most recent 22 months)
• the state has not provided the child and family with the services needed to help
the child to return home safely
Is there a chart that shows when all these hearings take place?
Yes. See the diagram on the next page. The Adoption and Safe Families Act sets
the timeframes for the hearings. This diagram was adapted from a 1998
publication of the American Bar Association. The top path in the diagram shows
the timeframes used when the court has determined that reasonable efforts will be
made to help a child return home. The bottom path in the diagram shows the
timeframes used when the court does not require reasonable efforts to help the
child return home. (See Section 4, page 36 for more information about
“reasonable efforts.”)

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52
Schedule for the Five Hearings
TOP PATH
Review Permanency File TPR Termination
Timeframes Hearing Hearing Petition* Hearing
when
reasonable
efforts will be
6 mos. 12 mos. 15 mos. ASAP+
made. after TPR
petitions
filed
Review every
Child is Placed 6-12 mos. (from
Adjudicatory Dispositional previous hearing)
in Out-of-Home
Hearing Hearing until child is adopted

Care
or permanency plan
is completed.
No set time frame.

Both hearings can happen Timeframes 30 days ASAP+ ASAP+
at the same time. when
reasonable
efforts will not
Permanency File TPR Petition Termination
be made. Hearing (if adoption is Hearing (if
the goal) ordered)
BOTTOM PATH
*Fifteen months is the point that child welfare agencies file for termination of parental rights (TPR),
but there are reasons why an agency might NOT file for TPR. (See question and answer on p. 51.)
+ASAP = As soon as possible
A Family’s Guide to the Child Welfare System

✓ Be sure to let the agency worker and your lawyer know about the progress you are
making in the services you are receiving. For example, if you receive mental health or
substance abuse treatment, how are you doing?
✓ Sometimes there are waiting lists for services that you may need (for example mental
health services, public housing, substance abuse treatment). Some states and
communities have agreements that allow families whose children are in foster care to
move up on these waiting lists. Ask if you can be moved up on the waiting list(s).
✓ If you have not received the services listed in your service plan, let the agency, your
lawyer, and the court know this. This will make a difference as to whether the agency
pursues termination of your parental rights.
✓ If you have problems and need mental health or substance abuse treatment, the decision
to participate in treatment is yours alone. But be aware that if you don’t get treatment, it
will probably affect whether your child can return home.
✓ No one can force you to take your child back home. You have to want to do it, make the
decision yourself, and do what is necessary to get your child back. But you have to make
this decision quickly because new laws give you a limited amount of time to show that
you are ready for your child to return home.
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✓ Form a support system around yourself to help you get through the tough times. Take
care of yourself so you can be there for your children.
Who participates in all of these hearings?

As a parent, you have the right and the responsibility to participate. Foster parents,
pre-adoptive parents, or relatives caring for your child are also notified about the
permanency hearing and the 6-month review hearings.
Will I be able to have my say in these hearings? Can I present my side?

Yes. As a parent you have the right to present your side of the story in ALL
hearings related to your child.
What do I do if I can’t come to a hearing?

You should make every effort to come to the hearings at the time that they are
scheduled. However, if you are unable to make it, ask your lawyer to request that
the hearing be held when you are able to attend. If you do not have a lawyer, talk
with your agency worker about this.
Will I be able to have a lawyer? Do I have to pay for a lawyer?

You are allowed to have a lawyer to represent you. It is important for you to have a
lawyer from the beginning. Some state laws give you the right to a lawyer and will
appoint one if you cannot afford a lawyer on your own. Some states do not give
you the right to a lawyer in child welfare related matters. Federal law does not
address this.

This means that in some states you might have to find and pay for a lawyer on
your own. If you are not able to pay for a lawyer, check with your court, the local
bar association, or legal aid to find out whether your state gives you the right to a
lawyer. The local bar association should also have a list of lawyers that accept
payment based on a sliding scale.

✓ Look for a lawyer who specializes in child welfare issues or dependency hearings. For
example, ask how many times they have represented a family involved in the child
welfare system.
✓ Talk with your lawyer before and during all hearings to let her know what you want to
be said in the hearing. If you want to speak yourself, be sure that your lawyer knows this
and arranges for you to have your say.
What is my lawyer’s job?

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Your lawyer should do the following:

• meet with you before every hearing and represent your interests in court
• gather information that supports your position
• help you understand your rights
• let you know about each hearing
• tell you what to expect at each one
• explain child welfare laws that apply to you and your family
Your lawyer’s primary concern is your rights and interests and keeping your
family together. Your lawyer is not the one who advocates for the best interests
of your child.
Who advocates for the best interests of my child?

Someone will be appointed to represent your child’s best interests. This could be
any or all of the following:
• a guardian ad litem (GAL),
• a separate lawyer for your child, or
• in some states a court appointed special advocate (CASA).

What is a guardian ad litem?
Federal law requires states that receive federal funds for preventing child abuse and
neglect to provide your child with a guardian ad litem (GAL). This is usually, but
not always, a lawyer. Sometimes a trained volunteer acts as a GAL. The GAL will
be a different lawyer from yours. The GAL’s job is to meet with your child and to
tell the court what he believes is best for your child. The GAL may ask you
questions about your child and about yourself.
Will my child have a separate lawyer in addition to the guardian ad litem?

Not usually. But it is possible that your child might have her own lawyer.
Sometimes when a child disagrees with what the GAL believes to be in the child’s
best interests, a lawyer will be appointed to represent the child’s wishes. This
would more likely happen with older children.
What are court-appointed special advocates? How will they relate to me

and to my child?
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Some states and communities have Court Appointed Special Advocate (CASA)
programs. CASA programs use trained community volunteers to speak up in court
for what they believe to be the best interest of children who have been abused or
neglected. If your community has this program, the judge may appoint a CASA to
work with your child. The CASA usually is not a lawyer. The CASA is a trained
volunteer who will meet with you and your child, as well as others involved with
your family. Like the guardian ad litem, the CASA is charged with telling the
judge what he/she believes is in the best interests of your child.
Can I give information to or ask questions of the judge?

Yes. If you have a lawyer, you and your lawyer should discuss what you want to say
at each hearing and whether you want to speak for yourself or have your lawyer
represent your point of view. You cannot speak directly to the judge or send the
judge written information (for example, a letter) outside of the court hearing
unless other parties to the hearing (for example, the agency worker, the GAL, and
others) are present.
If you do not have a lawyer or if the lawyer advises you not to speak up in the
courtroom, you can still do so. It is important to try to present your side clearly
and in a calm manner.


✓ Find out who is advocating for your child.
✓ If you are unsure what to say to the person who is advocating for your child, talk to your
lawyer or agency worker. It is okay for you to ask many questions. It is important for you
to understand what is happening and what it means for you and your child.
✓ If you believe that someone is saying things in court about you or your family that are
not true, let your lawyer know.
✓ If you are confused about what took place in court, be sure to ask your lawyer or the
agency worker to explain it to you.
Parents’ Notes
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SECTION 6
Placements to Obtain
Treatment and Services
for Children
John’s Mom’s Voice

The day that my husband and I signed the custody of our child over to the
Department of Health and Human Resources (DHHR) was the worst day
of my life. I felt like I was giving up on my child and that he would never
love me again. I remember crying for days and shutting down from the
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outside world. John needed residential treatment, and in our state to get
help with paying for residential placement, you have to relinquish physical
custody to DHHR. Although I had a Medicaid card that would pay for
John’s treatment, in our state it would not pay for a bed for him to sleep
in or for the supervision he needed. It did not cover room and board.
A lot of things led up to this point. John was let down by a teacher he
had looked up to, the trust factor was taken from him. He was caught
smoking on school property. This led to suspension and a court
appearance. Then he was talked into taking vodka to school for some
upperclassmen. After he gave it to them, they gave it to the resource
officer who in turn arrested John for having alcohol on the school
premises. This meant another suspension and court appearance. One
thing led to another. I will never forget the day I received a call from the
vice principal of the high school asking if John had taken a set of
speakers from the school. I went to my son’s room and found the
speakers. I knew that if I lied about finding them, I would not be helping
my son. But if I told the truth, he would be in trouble with the law.
I told the truth and was faced with a choice—to allow the school to
pursue charges against John or to seek treatment for him in a residential

Section 6: Placements to Obtain Treatment and Services for Children
John’s Mom’s Voice continued from page 57.
setting. We decided to ask for residential treatment, but I didn’t realize at that
time that I would have to sign over custody to achieve this. After days of talking
with John’s therapist, we decided that placing John would be the best option. I
agonized over this for a week and really felt like I had done my child wrong. If it
had not been for the support system (friends, neighbors, family) that I built
around me, I don’t think I would have survived.
When my son was first placed in residential care, the facility where he stayed
passed information about him to me through the agency worker at DHHR, even
though I had a working relationship with staff at the facility. They needed to
gauge the level we were willing to be involved. When they realized that we
wanted to be as involved as it took to ensure that our son would survive this, they
began calling me directly.
My son helped me get through this tough time. He told me each time I talked
with him that he was glad that I had made the decision, and he began to see how
much he needed to improve. Now he tells me that if I had not made the decision
to place him, he would be in prison right now. Instead, he is in his first year of
community college.
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Do children who have not been abused or neglected, but who need
treatment services, ever get placed in the child welfare system?
Yes. This might occur when families can no longer pay for or get adequate services
and supports in their own communities for their children who may have serious
emotional or behavioral disturbances, developmental disabilities, physical
disabilities, or other treatment needs.
When children are placed in the child welfare system, the state is responsible for
finding and paying for services they need. In desperation, some families feel forced
to turn to the child welfare system for help.
Is it okay to place children in foster care for these reasons?

Many people believe that this is not okay. Some members of the United States
Congress were so concerned about this that they asked the General Accounting
Office (GAO) to find out why this happens. They also wanted to know how many
children are placed in the child welfare or juvenile justice systems to get mental
health services. The GAO study took place in 2002. It showed that at least 12,700
children in the United States (and probably more) come into the child welfare
system or juvenile justice system to get mental health services.

Are there some other ways to get treatment services for my child?
Yes. There are several possible ways. You can seek services through your local
mental health system. If your child needs intensive mental health services, ask a
mental health provider or case manager to help you find services without placing
him in the child welfare system. Some communities have systems of care that serve
children with serious mental health needs. (See Section 10, page 94 & 95 for
more information.)
Can Medicaid be used to help get mental health services for my child?
Yes. Even though in John’s state (see John’s Mom’s Voice on page 57), Medicaid
did not cover all the costs of residential care; in some states, it does. Medicaid also
can be used to pay for community-based services to help keep children in their
homes, instead of being placed in institutions. There are two federal programs that
allow states to use Medicaid for community-based services for children with
mental or physical disabilities, even if their family’s income is too high to be eligible
for Medicaid.
These programs are called (1) the TEFRA Option (sometimes known as the Katie
Beckett Option) and (2) a home- and community-based services waiver. (See
Terms You May Want to Know for more information.) The problem is that not
enough states have chosen these options. So far, nine states have the TEFRA
Option for children with mental and emotional disorders. Only three states
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have the home- and community-based waiver for children with serious
emotional disorders.3
What can we do if our family in not eligible for Medicaid?

Even if your family is not eligible for Medicaid, your child might be. If a child has
a disability or a very difficult mental health problem, in some states he can become
eligible for Medicaid based on his own need for services, instead of on the amount
of his family’s income.
3 Three documents that may be useful for families faced with the challenge of finding mental health
services for their children without placing them in the child welfare system include (1) Staying
Together–Preventing Custody Relinquishment for Children’s Access to Mental Health Services: A Guide for
Family Advocates, (2) Relinquishing Custody–The Tragic Result of Failure to Meet Children’s Mental Health
Needs, and (3) Avoiding Cruel Choices–A Guide for Policymakers and Family Organizations on Medicaid’s
Role in Preventing Custody Relinquishment. All three are available at www.bazelon.org.

What would happen if I felt that I had to place my child to get treatment
services for him?
It would depend upon what state you live in. States respond to families in this
situation differently. There are several possible options:
• Option A—Some states would not allow you to place your child in foster care to
get treatment services. They would redirect you to services in the community (if
they are available).
• Option B—Other states would allow you to sign a voluntary placement
agreement with the child welfare agency. This gives the agency responsibility for
immediate care of your child. It does not transfer your child’s legal custody to the
child welfare system. After 180 days, the voluntary placement agreement must
be approved by the court (see the next question for more information).
• Option C—In some other states, if you place your child in the foster care system,
you would have to relinquish custody through a court process. This happens
even if the placement is to get treatment and not because of abuse or neglect. In
these states, you might be asked to file neglect charges against yourself. You
might be asked to declare that your child is “in need of services,” or you might
have to claim that your child is unmanageable and faces possible abuse in your
own home.
Do Federal laws require parents to relinquish custody to get out-of-home

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placement services for their children?

No. Federal law does not require parents to give up their parental rights or transfer
custody to place their children with a child welfare agency. It includes specific
language that allows voluntary placements (Option B above). Federal funding can
be used for foster care payments for up to 180 days under a voluntary placement
agreement. If your child needs to remain in foster care longer than 180 days,
federal law says that the court must get involved. The court must decide that
remaining in out-of-home care is in your child’s best interests. But the court is not
required to transfer your child’s custody to the child welfare agency.
Do State or Local agencies require parents to relinquish custody to access

out-of-home placement services?
Yes. Some states and some local agencies do require this, even though it is not
required under federal law.

If my child is placed just to get treatment services, would the federal
laws about termination of parental rights apply?
Yes. If the agency has custody of your child, the same requirements apply.
However, there is protection under the law for you and your child. As mentioned
earlier, states do not have to pursue termination of parental rights “at 15 of the
most recent 22 months” if “there is a compelling reason why terminating parental
rights would not be in the best interest of the child.” States may ask the court for
permission to not pursue termination of parental rights. If it is in your child’s best
interest to remain in treatment for a while longer, and you remain committed to
your child, the state does not have to pursue termination of parental rights.
If I placed my child voluntarily, would I be able to bring him home at any

time, even if the agency worker or court does not recommend this?
This depends upon the terms of the voluntary placement agreement that you
signed. It is important for the agreement to say how, when, and under what
circumstances you will be able to bring your child home. It should include the
right to cancel the agreement after giving proper notice to the child welfare agency.
When your child is placed with the child welfare agency, the agency has
responsibility for, and is very interested in, his care. It is possible that you and the
agency will not agree about the best placement and care for your child. For
example, if you decide to bring your child home, and the agency believes that this
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would interfere with your child’s safety, it has the right to ask the court to
intervene. You also have the right to explain to the court why your child’s safety
would not be in jeopardy if he came home.

✓ If you sign a voluntary placement agreement when your child enters foster care, be sure
that it clearly explains your rights as a parent:
– to be consulted on decisions about your child’s care and placement
– to visit your child
– to voluntarily cancel the agreement
✓ Consider reviewing your voluntary placement agreement with a lawyer before signing it.
✓ Keep a written copy of the voluntary placement agreement. If English is not your first
language, you can ask to have the agreement translated to your language or have an
interpreter present.
✓ You can call the Medicaid office in your state to find out if your child can qualify for
Medicaid on his own.
✓ You can also ask the state Medicaid office if your state has one or both of the two federal
Medicaid programs that allow for community-based services instead of placing children
in institutions. (See p. 59 and Terms You May Want to Know for more information.)

Parents’ Notes
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SECTION 7
What are the Possibilities

After Out-of-Home
Placement?
A s described in Section 5, one of the three main goals for children

in the child welfare system is “permanency.” This means a stable and
permanent home for your child. The child welfare system will work with
you to assure “permanency” for your child after foster care.
Where could my child go after foster care?

There are a number of possible choices for your child after
foster care:
• reunification
• adoption
• guardianship/kinship care
SECTION 7
• independent living
The first priority for children in foster care is to safely

return home to their families. This is called “reunification.”
Remember this is the most common result. Nearly 7 out of
every 10 children in foster care return to their own families
or to the homes of relatives.

✓ If you believe that none of the choices described above is right for your child
and family, talk with your agency worker and lawyer about other possibilities.

Section 7: What are the Possibilities After Out-of-Home Placement?
Reunification
Darren’s Mom (continued from Section 5, page 36)
When I got out of detox, visitations began at the agency. I visited with Darren in a
room with a mirror. Of course, I knew they were behind the mirror watching me. I
often stood in front of the mirror to block their view. Eventually, Darren and I were
able to have full-day visits outside of the agency. The agency worker was with us
on these visits. Then, at last, he and I were able to visit alone.
I visited Darren a lot while he was in foster care and worked hard to get him back.
Even though I had two relapses, I went to school full-time and worked part-time. I
lived in a shelter some of the time, and I got TANF. Although I wasn’t told where
Darren’s foster home was, I knew because some of the forms that I got from the
doctor after Darren’s appointments had the foster home address on them. I did
not go to the foster home, but it was comforting for me to know where he lived.
No one from the agency ever suggested that I place Darren for adoption, but his
lawyer told the court that the plan should be adoption. This made me so mad. I
knew it would be a cold day in hell before I gave up my son, and I became even
more determined to get him back.
After our visits, I always took Darren back to the agency where his foster mother
would pick him up. For about a year, I never saw her. One day the agency worker
had to leave before the foster mother arrived, so she asked if I would stay with
Darren until his foster mother came. When we met, we were both very stiff, sizing
SECTION 7
each other up, and didn’t think we would like each other. But we were cordial.
Shortly after this, Darren’s foster mother, Sally, called to tell me that Darren was
going to be in a pageant at her church, and she invited me to come. Sally began
to invite me to go on other outings with her and Darren. Gradually, we got used
to each other, liked each other, and started working together to help Darren
return home.
Getting to know Sally is what “did it” for me. When the court finally gave custody
back to me, I panicked. I wasn’t sure that I was ready to take care of Darren by
myself. I had just gotten an apartment and didn’t have a bed for him. I also
needed time to feel that this brand new place was my home. Sally said that she
would keep Darren for 2 more weeks even though I now had custody. Darren
knew that he was coming home very soon, and he spent a couple of nights with
me in the apartment before he actually moved in. Sally helped Darren and me
gradually become a family again.
(Darren’s Mom’s Voice continues in Section 10, page 91)

What does “reunification” mean?
Reunification means that a child returns home to his family after foster care. In
federal law reunification is the most preferred goal for children who are in foster care.
How can I help make reunification happen?

You can help by fulfilling your responsibilities to do the following:
• Participate in the services described in the service plan
• Visit and communicate with your child
• Stay in contact with the agency worker
• Provide information about your progress and changes in your life
What responsibility does the child welfare agency have to help me so

that my child can come back home?
Federal law requires states to make “reasonable efforts” to do the following:
• keep children in their own homes, or
• provide services so that children can return home safely, or
• help children achieve another permanent placement
A variety of services such as counseling, substance abuse treatment, mental health

services, parent training, transportation, crisis intervention, and others can be
provided. These services should meet your needs as well as the needs of your child.
They should be described in your family’s service plan.
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Does the agency have to provide these services for me and my family?
Yes, for most families. However, a judge can decide that the agency does not have
to make reasonable efforts to help your child return home if there are “aggravated
circumstances.” (See Section 4, page 36.) A child’s safety is the most important factor
in making decisions about helping families get back together. Individual states
have different definitions for “aggravated circumstances.” The decision about
whether or not to make reasonable efforts to help your child return home is made
by the judge.
Can my child return home even if the judge decides the agency does not
have to make “reasonable efforts”?
Yes. Even if the judge does not require the agency to make reasonable efforts, it is
still possible for your child to return home. Even if the child welfare agency does not
have to provide services for you, it can provide them. You also have every right to try
on your own to fix the problems that caused your child to come into care. Based
on your progress, you can request the agency and court to return your child home.

How will the decision be made for my child to return home?

The decision about where your child’s permanent placement will be and when it
will occur is made at the permanency hearing (See Section 5, page 50) or before.
The court’s decision will be based on your family’s progress in reaching the goals
listed in your service plan. You will be able to let the court know about your
progress. If the court determines that your child can return safely to your home,
reunification will be approved.
Will I get custody of my child once she returns home?

It depends. You might get back full custody when your child returns home, and
you will no longer have to be involved with the child welfare agency. Or you
might have only physical custody of your child. This means your child would be
living with you, but the child welfare agency would still have legal custody. Often
this is called a “trial discharge” from care.
If the agency keeps legal custody, your child’s return home could be based on
certain conditions set by the court. Within the time frame that is set, you must
meet those conditions and continue working on the service plan with the child
welfare agency. The service plan should list the kind of support services that will
be made available to you once your child returns home. When you, the agency,
and the court agree that your child is safe with you and that you are able to care
for him now and in the future, you should regain full custody of your child. Some
child welfare agencies offer ongoing support services for families after they have
full custody of their child. It is your choice whether to participate in such services.
When will the child welfare agency and the court no longer be involved
with my family?
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Once your child is at home with you, any monitoring activities by the agency have
ended, full custody has been returned to you, and you are no longer receiving
services, your “case” with the child welfare agency can be completely closed.

✓ Find out what services (or reasonable efforts) are going to be made to help your child
come back to live with you.
✓ Make sure you are clear about what has to happen for your child to return home. You
need to know what you are to do and when you must do it (the timeframes).
✓ If you think you will need support services after your child returns home, talk with the
agency worker about how to get them.

Adoption
Elena’s Voice
My children stayed with both of my sisters lots of times. They liked it there, but I
knew that they didn’t get much attention ‘cause there were just too many other
kids. Sometimes they would have bruises on them or have a very sad look. When I
thought about it I felt bad, but most of the time I used drugs so I wouldn’t feel
the pain. When I left them this last time, they were picked up by CPS. They went
to stay with a foster family who really spent a lot of time with them and really
fell in love with them. The foster parents decided to tell the agency workers that
they would adopt them because they were afraid that someone else would be
offered them.
I was told that I had used up all my chances and that my time was up. This family
adopted my girls, but they also write me letters and send me pictures, so I don’t
have to worry. I have had a couple of visits with my children—at Christmas one
year, so I know they are OK. The letters and pictures they send me help a lot, too.
Sometimes, they even send me some examples of their school projects or videos
of them as a family. The letters and videos can be sad, but it’s great to know that
my children have a good life with their new family.
What does “adoption” mean?

Adoption means that another person(s) is permanently given all parental rights
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and responsibilities for your child. When this happens, they have adopted your
child. This person(s) becomes your child’s parent(s). This usually means you no
longer make any decisions for your child and are no longer responsible for her.
This can only happen after a birth parent has voluntarily given up all parental
rights or when a court has involuntarily terminated all parental rights.
Under what circumstances would my child be adopted?

Your child cannot be adopted unless your parental rights and responsibilities have
been terminated permanently. There are two ways that this can happen.
Permanent Voluntary Surrender of All Parental Rights—You can agree to give

up all of your parental rights permanently if you want someone else to adopt your
child. When you voluntarily give up all of your parental rights, it is a permanent
decision. It means that you willingly agree to have someone else be your child’s
adoptive parent. Voluntary surrender of all of your parental rights is very different
from voluntarily giving up custody on a temporary basis. (See Section 5, page 40.)

Each state handles voluntary surrender of all parental rights differently:

• Some allow you to sign a voluntary surrender agreement without court involvement.
• Some may require that a judge approve the voluntary surrender agreement.
• Others require that the voluntary surrender be signed in front of a judge.
There are several reasons why you might choose voluntary surrender instead of
involuntary termination by a court. Here are two examples
• If you believe that adoption is the best plan for your child, signing a voluntary
surrender agreement usually allows you to have a part in planning for your
child’s adoptive placement.
• If your child is older, giving your permission for the adoption could show that
you support it. This may help your child or youth adjust to her adoptive family
more easily.
Involuntary Termination of Parental Rights—The second way is through

involuntary termination of parental rights by the court. This can happen if the
court believes that your child will not be able to return home safely within a
reasonable amount of time. (See Section 5, page 50 for more information about
when the state must pursue involuntary termination of parental rights.)

✓ If you are thinking about signing a voluntary surrender agreement so that your child can
be adopted, be sure that you understand your rights and any alternatives to this. You
might want to review the agreement with a lawyer.
✓ If English is not your first language, you can ask to have the agreement translated into
your own language or for an interpreter to be present.
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✓ Ask the agency worker and your lawyer whether your state allows you to put conditions
in the agreement. For example, you might want to include your right about having a say
about who adopts your child or about maintaining contact with your child after the
adoption is final.
If my parental rights are terminated, will my child be adopted?

Not all children whose parental rights are terminated are adopted. Some children
are adopted immediately, and others remain in foster care for quite a while. In
2001, children stayed in foster care for an average of 24 months after their
parental rights had been terminated and before they were adopted.
Are many children who enter foster care eventually adopted?

Nearly 2 out of every 10 children who leave the foster care system are adopted.
Federal law strongly promotes the adoption of children in foster care who cannot
return safely to their own homes. The federal government gives special payments
to states as a way to promote adoption of children in foster care.

Who might adopt my child?
Most children are adopted by their foster parents (59%). Many are adopted by
relatives (24%), and some are adopted by families that they are not related to (17%).
If my child is going to be adopted, will she have a say in the decision

about being adopted?
It is good practice for all of the adults involved in an adoption to include the child
or youth in this decision and in the process. Some states require that a child or
youth give consent to be adopted. Usually this is dependent upon the youth’s age
and whether or not someone does not want her to be adopted.
Will I be able to have a relationship with my child after she

has been adopted?
It depends. If your child has an “open” adoption, you will be able to have contact.
An open adoption allows contact between the birth parents, sometimes other
members of the birth family, the adoptive parents, and the child after the adoption
is final. Some states call this a “cooperative” adoption or a “fully disclosed” adoption.
How can I obtain an open adoption for my child?

There are several ways:
• You can sign a formal written agreement. Approximately 18 states have laws that
allow written, enforceable agreements between birth families and adoptive
families. These agreements usually describe the type and amount of contact that
you can have with your child.
• You can also have an informal arrangement between the families. But such an
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agreement may not be enforceable by the court.
If my child is adopted, will there be any services and supports provided

to the adoptive family?
Adoptive families can receive payments for children with special needs who were
in foster care. Most states call this “adoption assistance” or “subsidies”. Federal
law requires states to provide health insurance to families who adopt children
with special needs. This happens when a child’s special needs cannot be met
without insurance.

✓ If you want to have contact with your child after the adoption is finalized, ask about
arranging an “open adoption.”

Guardianship/Kinship Care
Estefania’s Grandmother’s Voice

I have cared for my granddaughter, Estefania, since birth. My daughter Mariana is
Estefania’s mother. She was a teen when Estefania was born. She was immature
and was using alcohol and drugs. She tried to establish a home for Estefania,
found an apartment and applied for welfare when Estefania was a few weeks old.
However, by 3 months, CPS took custody of Estefania and placed her in foster
care. This happened because Mariana had left her with a neighbor, became
intoxicated, and did not return to pick her up.
I learned that Estefania was in foster care and tried to get custody, but before that
could happen, Mariana got Estefania back. Several months later Mariana turned
to me again, after being beaten by a boyfriend. She said to me, “I can’t do this
mother act. Estefania is better off with you.” She promised to allow me to raise
her, kissed her baby good-bye, and left.
When Estefania was 13 years old, Mariana came back into our lives. She visited
Estefania here in my home, but didn’t stay long. Estefania felt confused about her
mother being in and out of her life. At this point, a lawyer helped me to get legal
guardianship through the local courts, and Estefania received counseling.
Estefania is now 17 years old and has contact with her siblings and her mother.
She is doing well in high school and works part-time in the local health
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department. Her mother continues to struggle with drug and alcohol use that has
strained her ability to have a closer relationship with her adolescent daughter. Just
recently Estefania asked me to adopt her. She thinks this would be “proof” that I
love her. I am thinking about this seriously, but I’m not sure how her mother
would feel about it. I’ve asked a local kinship and adoption program to help us
through this.
As Estefania’s grandmother and Mariana’s mother, I have tried to be there as a

consistent loving resource for them both. It is not an easy set of relationships
because I love them both, and their needs are very different.

What does “guardianship” mean?
Federal law says that legal guardianship for children is a relationship between a
child and a caretaker that is created by the court. It is intended to be permanent.
The caretaker acts like a parent. The following parental rights are usually
transferred to the caretaker:
• protection
• education
• care and control of the child
• custody of the child
• decision making (such as medical decisions).
When legal guardianship occurs, the caretaker is called the “legal guardian.”
Why would legal guardianship be selected as the permanent

plan for my child?
States are beginning to use guardianship as a permanent plan for more and more
children. The court would need to determine that the following were true before
appointing a guardian for your child:
• You will not ever be able to provide for your child.
• Adoption is either not possible or is not appropriate for your child.
• The person proposed to be the guardian is suitable and able to provide a safe
and permanent home.
• Permanent guardianship is in your child’s best interests.
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Can I select my child’s guardian?
You can suggest someone who might be your child’s guardian. It is important to
tell your lawyer and your child’s agency worker about a friend or relative that you
believe is willing and able to become your child’s guardian. The agency will
conduct a home study and a criminal background check. They do the same for all
people who apply to be foster or adoptive parents. After hearing all of the
information about the guardian, the court makes the final decision as to who will
be your child’s guardian.
Can a relative become my child’s legal guardian?

Federal law encourages states to consider choosing an adult relative, over a
nonrelated person. The relative caregiver must meet the state’s standards for child
protection. Often when a relative becomes a child’s legal guardian, it is called
“kinship care.” (See Terms You May Want to Know for more information about
kinship care.)

How would my family benefit from a guardianship arrangement?

Guardians are often relatives or close family friends. This arrangement can provide
children with a sense of permanency; a sense of having a place to call home; a
feeling of belonging and connectedness; and an identity linked to family, tradition,
culture, and community. It allows children to define themselves as belonging to a
family. It can help them feel cared for by adults with whom they are bound by ties
of family heritage and long-term relationships.
Unlike adoption, a guardianship arrangement allows your child’s custody to be

transferred to the guardian without permanently terminating all of your parental
rights. This usually allows you, as the parent, to have ongoing contact with your
child. Guardianship is sometimes selected as the plan for older youth in foster care
who cannot return home, do not want to be adopted, and wish to maintain ties
with their family.
Will my child still have an agency worker after a guardian is appointed?

When the court appoints a legal guardian for your child, it shifts your child’s
custody from the state to the guardian. Generally, children in permanent
guardianship do not require ongoing court or agency supervision. However, a
number of states have developed subsidized guardianship programs. These
programs provide guardians with financial support and follow-up services. In this
case, an agency worker would continue to have some involvement with your child
and her guardian.

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✓ If you know someone who would make a good long-term caregiver for your child, let
your lawyer and agency worker know about her.

Independent Living
Sinora’s Voice
I have a bachelor’s of science degree in communications studies and will begin
teaching in a middle school this year. I was raised in an urban housing
development, in poverty, from the age of birth to 13. At that time, I lived with my
six siblings and parents. My mother did the best that she was able to do with
seven kids and an alcoholic husband, one who gave her more problems than any
of her kids. As a result of his daily alcohol use, my father was physically, mentally,
and verbally abusive. His abuse and the eventual death of my mother led to the
events that landed most of my siblings and me in foster care.
I entered the foster care system at age 13. It was not an easy transition. For over 3
years, I was shuffled around between 13 foster homes, group homes, and even a
mental health facility. Some of the placements were just as abusive as the home
from whence I had come—mentally and verbally anyway. During that time span, I
also changed high schools five times and had to repeat my freshman year. I was
very depressed and thought on many occasions that it really didn’t matter
whether I lived or died.
At almost age 17, I became so tired of the instability and the lack of love and
supporting relationships. I was fed up and willing to do whatever it took to find
the love and nurture that I lacked, and wanted and needed so badly. Luckily for
me, I was placed in a home before I had completely reached my near breaking
point. This particular foster home provided me with the love, support, and stability
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that I had been seeking and so desperately needed.
I resided in that home until I aged out of care at age 21 and even rented a room
during my college years. Had it not been for finally finding love, stability and a
support system, I would not have been able to develop the skills to get involved in
advocating for myself and to prosper into a fairly responsible and successful tax-
paying adult. My new home provided me with a family, education, travel and
training opportunities, and other supports that allowed me begin to make that
transition into adulthood and that offered me some of the same experiences as
those that “general” youth have access to growing up with their families.
I am telling my story on behalf of the other nearly 600 thousand young people in
foster care each year and for the nearly 20 thousand who “age out” each year. In
order for youth to transition successfully from the child welfare system, they need
consistent love, support, and stability. That’s the only way that I made it, and it’s
the only way that any child makes it into adulthood successfully.

What does independent living mean?

Independent living refers to a type of placement and also to a type of service for
youth who become adolescents in the foster care system.
Independent Living Placement—Older youth who leave the foster care system to
live on their own move into independent living situations, for example, an
apartment. This includes youth who leave foster care who do not return to their
own families, are not placed with relatives or guardians, and are not adopted.
Some older youth, who are still in state custody, also live in independent
living placements.
Independent Living Services—These services are provided by child welfare

agencies for youth in foster care to help them prepare to live independently. They
often focus on skill areas such as the following:
• money management
• locating housing
• transportation
• career development
• job hunting
• maintaining employment
• daily living skills
• communication skills.
Other support services such as financial aid, health and mental health services,
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substance abuse prevention, and education or training are intended to help youth
live independently. Services to prepare for living independently are most helpful
when they begin at an early age.
When is a youth considered an adult and ready to leave

the foster care system?
Some youth in foster care move into independent living because they are too old
to remain in foster care. This is called “aging out.” The age when this happens
depends upon what state you live in. In some states, foster care ends when a child
reaches age 18. In other states, youth can remain in foster care to age 21. To stay
in foster care until age 21, a youth usually has to be involved in a training or an
education program (such as technical school or college), have special needs, or live
in a special treatment facility.

Will the child welfare agency help prepare my youth
for independent living?
Yes. It is very likely that the agency will offer independent living services. A federal
program, the Chafee Foster Care Independence Program, makes resources available
to states to support youth who live independently.
What is the Chafee Foster Care Independence Program?

In 1999, the U.S. Congress passed the Chafee Foster Care Independence Program
to provide federal funds to states for services and supports to help three groups of
young people:
• youth who are likely to remain in foster care until 18 years of age
• youth who are aging out of foster care
• youth who have already left foster care, are between the ages 18 and 21, and
who were in foster care on their 18th birthday.
These youth, who have already left foster care, can return to the agency before
they reach age 21 to request assistance through the Chafee Foster Care
Independence Program. These federal funds are used by states also to train foster
and adoptive parents, group care workers and agency workers about how to
prepare adolescents for independent living.
The Chafee Program also allows, but does not require, states to offer the following
to young people who were in foster care on their 18th birthday, who have “aged
out,” and who are not yet 21 years old:
• automatic Medicaid coverage
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• payment toward room and board costs.

Anthony’s Voice
I got involved with the Chafee Independent Living Program when I was 15 or 16. I
didn’t have a job. It helped me find a job and to save money so I could live on my
own some day. There were classes in budgeting and things like that. They also had
picnics and helped me with my social skills. But the best thing about it is the
people there. They get involved with you and make it personal. They pay attention
to you and make you feel special. They helped me go to a seminar in California
and make a presentation for the top reps in social services.
When I became 18 and was emancipated, I could have stopped the program. But
I chose to stick with it and to keep my counselor around. She’s really resourceful
and down to earth. Most of the people in the program are like that. They make it
comfortable so that you can talk about your family and your problems. I’m living
with my mom right now and hope to get my own place soon. The counselor tells
me to help my mom and not make it too hard on her.
My advice to parents is to be patient. It takes some time for kids to get it all
down. Parents need to get involved and keep a positive attitude about it. It’s good
when parents are willing to talk to the counselor and let them know what’s going
on. My advice to other kids is—don’t be too quick to tell social services that you
don’t want anything to do with them. The independent living program is good
and can help.
If the agency offers independent living services to my youth, does this

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mean it will not try to find a permanent home for him?

No. A decision to provide independent living services does not relieve the state
from trying to make reasonable efforts to find a permanent home for any youth.
If my youth receives independent living services, can he still return home?

Yes. The law says that independent living services should be seen as services to help
young people transition to adulthood regardless of where they live when they leave
foster care.

How many youth leave foster care to live independently?
About 19,000 youth nationwide leave the foster care system each year because they
have reached the age of 18 and are expected to support themselves.

✓ If your son or daughter is a teenager, talk with him and with the agency worker about
the kinds of independent living skills he needs. Request that he receive appropriate
training and preparation for adulthood.
✓ Encourage your youth to use the independent living skills that he is learning.
✓ Ask the agency worker or your lawyer at what age youth in foster care “age out” in
your state.
✓ If your youth is not returning home, work with him and with the agency on finding an
appropriate independent living placement.
✓ Work with your youth and the agency on finding appropriate services for him in the
adult system. This includes basic services and special services that he might need. For
example, young adults need to know how to get medical/dental care, mental health
care, housing, employment, and training or more education.
✓ Because some states are just beginning to offer Medicaid coverage and room and board
payments after a youth ages out of foster care, all agency workers may not know about
this option. Ask if your state provides these services and if it does, assist your youth in
applying for them.
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Parents’ Notes

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SECTION 8
How Child Welfare

Works with American
Indian Families
The Voices of Zak’s

Aunt and Uncle
When we first found out that our nephew, Zak, (my brother’s 2 year old
son) was in foster care, we weren’t sure what to do. He was in another
state and his parents had been accused of physically abusing him. Even
though he is an enrolled member of our tribe, he wasn’t in an Indian
foster home like the Indian Child Welfare Act requires. But at the time,
that was the least of our worries. We just wanted to find out what we
could do to help my brother, sister-in-law, and nephew.
Things didn’t look too good. Even though the abuse charges were
alleged, they hadn’t been proven. But besides the abuse charges, my
brother and his wife were pretty heavily involved in drugs and didn’t seem
to be doing anything to try to get their son back. My husband and I
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didn’t think Zak would ever be returned to them because they really
weren’t working on their treatment plan.
We were licensed foster parents on the reservation where we live. We

figured we’d have a good chance to get our nephew placed with us
when the permanent plan was decided. My brother and sister-in-law were
ok about us having Zak placed with us. But the child welfare agency in
their state thought we wouldn’t protect him from his parents, so they left
him in the non-Indian foster home.

Section 8: How Child Welfare Works with American Indian Families
The Voices of Zak’s Aunt and Uncle continued from page 79.
At first the child welfare agency didn’t notify our tribe about our family situation.
My brother didn’t tell the worker that he was a tribal member, and she didn’t
think Zak looked “Indian.” If the agency worker had asked Zak’s parents more
about their Indian heritage, she would have found out that Zak was enrolled with
our tribe. By the time the agency worker found out about Zak’s Indian heritage
and notified our tribe, Zak had already been in foster care for 3 months. The tribe
intervened and told the child welfare agency that they wanted to transfer Zak’s
case to tribal court in our state. But the state court found “good cause” not to
transfer and noted that Zak had bonded with the foster family.
So Zak stayed in the non-Indian foster home where he’d been placed. We were
able to visit him only about once every 6 to 8 weeks because it was a hard for us
to travel out of state to see him. But we didn’t want him to forget us so we kept
visiting as often as we could. In the meanwhile, our tribe kept trying to get
jurisdiction.
After a year, Zak’s mom and dad had not finished their treatment plan and had
done nothing to reunify with Zak. The agency worker decided that the permanent
plan for Zak would be adoption. Even though she wanted the foster family to
adopt him, we also wanted to adopt Zak since he’s our nephew. Our tribal lawyer
was able to show in court that the purpose of Indian Child Welfare Act is to keep
Indian families together. He proved that the social service agency didn’t follow the
Indian Child Welfare Act from the beginning. He also showed that we had kept
close connections with Zak with our visits, and we were bonded to him too. It
took a long time, but finally the court ruled in favor of the ICWA and transferred
jurisdiction to our tribal court, and we adopted Zak.
We know it was hard for his foster family to give him up, so we try to make sure
he has visits with them sometimes. But now Zak is growing up with his cousins,
grandparents, aunts, and uncles who live near us on the reservation. He is
learning the traditions and ceremonies of our tribe.
If it hadn’t been for the Indian Child Welfare Act, our family probably would have
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been separated forever.

What is the Indian Child Welfare Act?
The Indian Child Welfare Act (ICWA) is an important federal law for Indian
tribes. All state child welfare agencies and courts must follow the law when they
are working with Indian families in child custody proceedings.
What does the Indian Child Welfare Act do for tribes?

ICWA gives Indian tribes the right to be involved in deciding what should happen
for Indian children who may be placed in foster care or adoptive placements.
Tribes, state agencies, and state courts don’t always agree on what the best plan is
for Indian children in foster care.
How does the child welfare agency know when ICWA applies?
To find out if you or your child is an American Indian, the agency worker should
ask you if you are a member of a federally recognized Indian tribe. Sometimes,
when parents aren’t available to give this information, the agency worker may
decide this might be an ICWA case if she learns that your family has connections
to a Indian tribe, Indian organization, Indian Health Service, etc. Your friends or
relatives may also provide information to the child welfare agency that gives them
reason to believe they need to follow the Indian Child Welfare Act.
The best information about your tribal enrollment comes from you. Without your
help, agency workers will have to look for clues about your Indian heritage, and it
will delay the notice that your tribe receives about the situation.
What rights does the Indian Child Welfare Act give Indian families, and
what responsibilities does it give state child welfare agencies?
ICWA gives Indian parents certain rights. ICWA gives state child welfare agencies
certain responsibilities:
• Before state child welfare agencies can take children from their families, ICWA
requires the agency to make “active efforts” to help keep children at home.
“Active efforts” means any kind of direct services and assistance that will help the
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family stay together. But if the situation is very dangerous, children can be
removed immediately until it is safe for them to be returned.
• As an Indian parent or Indian custodian, you, and also your tribe, must receive
“notice” by registered mail of all of the legal proceedings involving your children.
If your child must be removed from home, the state child welfare agency and
state court must notify you and your child’s tribe(s). This must occur whenever a
tribal member is involved in a child welfare proceeding. The notice must be sent
to you and to your tribe by registered mail. No hearing can be held until 10 days
after you and your tribe receive the notice. Then you and the tribe can request
up to 20 additional days to get ready for the proceeding.

• If you are not able to afford legal counsel, under ICWA, you have the right to
have legal counsel appointed by the court. If a state does not provide you with
legal counsel, the court is supposed to notify the U.S. Secretary of the Interior.
The Secretary is supposed to pay reasonable fees and expenses so that you will
have legal counsel.
• Before removing your child from home, ICWA requires that an “expert witness”
testify in court that this placement is necessary. The expert witness is a person
who is American Indian or who is experienced in working with Indian families.
What happens if my child is placed in foster care?

If your child is placed into foster care, he must be placed with a relative. If a
relative isn’t available, he must be placed with a foster family who is a member of
your tribe. If no foster family from your tribe is available, your child must be
placed with an Indian foster family who is a member of another tribe.
Unfortunately, there are often few, if any, Indian foster families available. As a
result, Indian children are sometimes placed with non-Indian foster families,
although this is not in compliance with the Indian Child Welfare Act.
What happens if my tribe gets involved?

The tribe may decide to “intervene.” That means that the tribe is in contact with
the state child welfare agency and wants to get more information about your
situation. The tribe may recommend where your child should be placed. The tribe
may ask the child welfare agency to send court reports and other documents in
order to stay informed about what is going on.
ICWA gives the tribe a right to intervene and parents can’t object to this. It is
expected that the child welfare agency will cooperate with the tribe’s request;
however, the agency may choose a plan that is not in agreement with the tribe’s plan.
It is possible that the court will agree with the state, rather than with the tribe.
The tribe may also request to “transfer” a child’s case to tribal court, even if the
tribe is in another state. Parents can object to the transfer to tribal court. If either
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parent objects, it will stay in state court.
Sometimes children’s cases are not transferred to tribal court because state courts
find “good cause” not to transfer. “Good cause” may mean that your child has
needs that can be met only in the custody of the state child welfare agency, such as
extreme medical needs. Your tribe may disagree with the state’s ‘good cause’
decision not to transfer. If the tribe disagrees, it may decide to appeal the decision
in state court.

✓ Tell the state agency worker immediately if you are a member of a federally
recognized Indian tribe.
✓ Ask the agency worker if they have notified your tribe about your situation.
✓ Contact your tribe’s social service program to find out if they know about your situation.
✓ If you’re not sure of your tribal heritage, give the agency worker as much information as
possible about your family heritage: your parent’s names, where they live and what you
know about your tribal connections.
✓ If your child is being placed in foster care, give the agency worker the names of family
members who might be able to take care of your child.
✓ If you don’t have relatives nearby, ask if your child will be placed with an Indian
foster family.
✓ Ask for court-appointed legal counsel if you cannot afford to pay for a lawyer.
✓ Ask to see the reports and documents that have been filed with the court about the
decision to place your child.
✓ Attend all the court hearings related to your child.
✓ If your child is going to be placed in foster care, ask the agency worker if an Expert
Witness has recommended the placement.
✓ Ask to visit your child regularly while he is in foster care.
✓ Ask for help if you need assistance to follow your Service/Treatment Plan. This plan will
describe why your child is involved in the child welfare system, your family’s strengths
and needs, your child’s and family’s goals, actions you and the child welfare system are to
take, services you and your child are to receive and participate in, and a time period for
working on these things. If your child is living at home with you, the service plan will
describe what needs to happen so that he will be safe and can continue to live in your
home. If your child is in foster care, the service plan states why he came into care. It will
say what needs to happen for him to be returned home and for the child welfare agency
to no longer be involved with your family.
✓ When you sign the service plan, it means that you agree with it. If you don’t agree with
it, you don’t have to sign it. Instead, you could ask the agency worker to reconsider the
parts that you don’t agree with.
✓ Be sure to get a written copy of the service plan to keep.
✓ If available, seek help from tribal or off-reservation Indian resource programs to help you
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with your service plan.

Parents’ Notes

SECTION 8

SECTION 9
Summary of Your Rights

and Responsibilities as a
Parent Involved with the
Child Welfare System
T he rights and responsibilities of parents have been mentioned in

different parts of the Guide. They are summarized here because it is
very important to know your rights and responsibilities as a parent in the
child welfare system. We have organized parents’ rights into three key
areas. This section also includes a description of some rights of children
and youth in out-of-home care. These children/youth rights are included
to help you to understand and advocate for your children’s rights.
Parents’ rights are not the same in all states. Some of the rights listed in
this chapter come from federal law. Rights based on federal law would be
the same in all states. Other rights listed here are true in many, but not all,
states. It is important to talk with your agency worker or lawyer about
which rights exist for parents in your state.4
SECTION 9
4 The authors studied parent handbooks from several states and cities to help in writing this
section. We are especially grateful for the work done by the Allegheny County Department of
Human Services in Pennsylvania and the New York City Administration for Children’s
Services. Parent handbooks from these agencies included sections on parents’ rights.

Section 9: Summary of Your Rights and responsibilities as a Parent Involved with the Child Welfare System
Nancy’s Voice
I am the parent. I want the agency worker to know that this means I have certain
rights. I know that it means I have certain responsibilities also. My major piece of
advice—hard as it is sometimes—is to try to make the agency worker’s job easier,
not harder, whenever you can. I make a point of thanking her for special acts like
buying my son his favorite candy bar. I do this even if I’m also frustrated by other
decisions she is making. I try not to complain about little things—like an
appointment having to be changed—as long as it is obvious that she is working as
hard as she can. I give her information (insurance information, for example). I make
calls to school personnel and others. Then I tell her what I find out. This can help
her out. It also helps my child and is a constant reminder that I am the parent.
What are my rights related to service planning?

You have the right to do the following:
• participate in creating your family’s and child’s service plan
• sign the service plan and to have a written copy
• receive the services that are described in the plan
• be informed of the actual services your child receives
• be informed of any changes in your service plan
• ask your agency worker to coordinate your service plan with any other service
plans that you or your children are involved in
• have the service plan written in your own language if English is not your first
language
• review information written by the agency worker about you or your child
• have someone else present who can help you understand what is taking place
and support you in advocating for yourself and your family
What are my rights related to child protective services?

If your family is investigated by Child Protective Services, you have the right to
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the following:
• not to be discriminated against based on disability, age, race, sex, religion, ethnic
origin, economic status, or sexual orientation
• know about the report and why an investigation is happening, but not the name
of the person who made the report

• know the outcome of the investigation
• an emergency hearing if your child is moved out of your home
• have your name removed from any central registry if the complaint of abuse or
neglect is unfounded (in most states, but not all)
• request in-home services to strengthen and support your family
• participate in services to help your family without admitting that the charges
against you are true
• be present, bring witnesses, and have your say in all hearings about your child
• choose to have a lawyer represent you (some, but not all, states provide a lawyer if
you cannot afford one)
• appeal an agency finding of abuse and neglect
• make a complaint or raise any concerns you might have
What are my rights related to out-of-home placement?

If your child is removed from your home, you have the right5 to the following:
• know why your child is put in out-of-home placement
• know exactly what needs to happen for your child to return home
• suggest the names of relatives who might care for your child
• have your child be placed with a relative if there is a relative who can care for
him safely
• develop a visitation plan, and visit and communicate with your child regularly
• be informed about the progress your child is making or not making while in the
foster care system
• be consulted and make decisions about things such as your child’s religion,
health care, and education
• be informed about the people and/or services involved with your child such as
the school, teacher, medical doctor, dentist, and CASA
• go with your child to a medical or dental appointment
• be notified of any medical emergencies your child may have
• inform the agency worker about any problems with your child’s placement
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• report to the child abuse hotline if you suspect your child is being abused or
neglected by the current caretaker
5 These rights are available for parents unless a judge directs or orders otherwise.

• request a voluntary placement agreement without relinquishing legal custody if

your child needs placement for mental health services (see Section 6)
• insist that any voluntary placement agreement state specifically when and under
what circumstances your child may come home
• receive the needed services and supports that will help your child return home
• know the exact date when your child is in foster care for 15 of the most recent
22 months (this is when the agency can request the court to terminate parental
rights)
• inform the agency, your lawyer, and the court if the agency has not provided you
with the services listed in your service plan
• know if and how concurrent planning (see Section 7) is being used with your
child and family
• have your child return home after the conditions required by the court and your
family service plan have been met.
What are my responsibilities as a parent involved with the

child welfare system?
You have the responsibility to do the following:
• participate in creating your family’s and child’s service plan
• share important information about your child
• participate in the services that are offered
• keep appointments you have agreed to
• make the agreed upon changes
• do your part in helping your child return home (if that is the goal)
• visit and communicate with your child as agreed upon
• participate in your child’s care as agreed upon
• stay in contact with the agency worker
• provide information about your progress and changes in your life
• communicate any concerns that you have to the agency worker or your lawyer
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What are the rights of my child or youth in foster care? 6
If your child is in foster care, he has the right to the following:
• be treated with dignity and respect
• live in a home that is safe, healthy, nurturing, and comfortable
• care that is age, developmentally, and culturally appropriate
• adequate food, shelter, and clothing
• a thorough assessment of his strengths and needs
• practice his own religion (attend church, mosque, temple, or other
religious services)
• participate in plans for his own well-being and his future
• be accepted and treated like a family member by foster parents
• be free from abuse
• have regular and appropriate health care and prompt treatment for any illness or
physical, emotional or developmental disability
• talk to a counselor or therapist if he wants or needs to
• have an appropriate educational placement and any assistance needed to succeed
• learn and develop independent living skills
• visit his siblings, parents, and other family members (unless a court has
ordered otherwise)
• have regular contact with his agency worker in private
• have a lawyer who will represent his rights and interests in court
• have confidentiality (information can be shared with people who need to know
about your child/youth in order to provide him with care and services)

✓ Find out from your agency worker what your specific rights and responsibilities are in the
area where you live. Many states and local agencies have these written down, so ask if
you can get a copy. If English is not your first language, ask for the document to be
translated or for an interpreter to be present.
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✓ If you believe that your rights or the rights of your child are not being respected, you can
talk with your agency worker or the agency worker’s supervisor about this.
6 These youth rights were adapted from a list developed by the National Center for Youth Law.

Parents’ Notes

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SECTION 10
Some Approaches Used by

Child Welfare Agencies
To Help Families Reach
Their Goals
The Voices of Darren’s Mom,

Kate, and Foster Mom, Sally
(continued from Section 7, page 64)
Darren’s Mom, Kate

Darren is the one who has benefited the most from the way that Sally
and I work together. Sally never tried to replace me in Darren’s life. She
told him that he couldn’t be with me because I was sick and was trying to
get better. She let me become very involved in Darren’s life while he lived
in her home, and she came to every court hearing with me. She didn’t let
him call her mom, it was Mom Sally or just Sally. Now that he is living
with me, he calls her Aunt Sally.
Darren has been home for 5 years. He is now 10 years old, and Sally is
still a part of our lives. Darren has ADHD* and goes for a lot of treatment
and doctor’s appointments. Sally has a medical background so she comes
with us on these appointments and for IEP** meetings at school. She
knows what questions to ask.
Foster Mom, Sally:

Kate allows me to co-parent Darren, even after he returned to her home.
We have the benefits of co-parenting without having to go through a
marriage and a divorce. Darren goes with me on my summer vacation. He
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*Attention Deficit Hyperactivity Disorder **Individualized Education Program

Section 10: Some Approaches Used by Child Welfare Agencies to Help Families Reach Their Goals
The Voices of Darren’s Mom, Kate, and Foster Mom, Sally continued from page 91.
visits with me one night a week, and he also visits my parents, his “adopted
grandparents,” at Christmas time. He gets to spend Christmas with two families.
Kate and I usually do Easter together.

When Darren lived with Sally, we tried to have the same rules for him so he
wouldn’t be confused. When he came to visit me, I tried to keep the same routine
and rules that Sally had established. The three of us went to counseling together.
This helped ease the transition for Darren. Now that Darren is older, we are more
flexible. He can understand that he has to follow Sally’s rules at her house, and my
rules in my house. When Darren first came home, I called Sally a lot, probably too
much. But I gradually began to have confidence in myself and called less.
Foster Mom, Sally

This story is about Darren, not about us. As Kate said, Darren is the one who has
benefited the most from our working together. He has not had to leave behind any
of the people that he has grown up with. He has a larger extended family than he
would have had. He was a troubled little boy when he came into foster care at
2 1⁄ 2 years old. He had hearing and speech problems, night terrors, and couldn’t be
contained for a very long period of time. But he was always loving and smiling.

Now Darren is on the honor roll, he plays tuba in the band, and he is on the
safety patrol. He is developing self-confidence and social skills. He’s also working
on building his chest muscles and slimming down his waist.
Foster Mom, Sally

I think that Kate and I were able to do this because of who we are and how we
were raised. I was raised to believe that every person is valuable and that I should
embrace the good part and try to help change the not good part. My years of
experience in public health also helped me. I marvel at Kate’s willingness to let me
be so much a part of Darren’s life.

I always knew that Sally had Darren’s best interests in her heart and that she was
working with me and not against me. I knew what I had to do to get Darren back
home. Sally didn’t make me do any of these things, but she supported all of my efforts.
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What is discussed in this concluding chapter?
So far, A Family’s Guide has described the nuts and bolts of how the child welfare
system works. It has also discussed federal laws that guide the child welfare system.
In this final chapter, we will introduce you to some of the approaches that the
federal government, states and communities have been using to make the child
welfare system work better and to help families reach their goals.
What values and principles are these approaches based on?

Before we list the approaches, we want you to know that most of them are based
on similar values and principles. Even though these approaches may have different
names or work a little differently in each community, most of them share the
values and principles listed below:
• parents say what help they need to protect their children from abuse and neglect,
and the agency listens—services are “family driven”
• families are involved in planning the services they will receive
• services focus on each family’s strengths, instead of weaknesses—building on
strengths helps families keep children at home or reunify if their children have
been placed out of the home
• services are provided as close to home as possible—they are “community based”
• the whole family is provided the services they need, not just the child(ren)
in foster care
• services are flexible and can be changed to fit each individual family
• services consider each family’s culture—they are “culturally competent”
• the family chooses the people to be involved in the service plan—this could
be extended family members, neighbors, friends, ministers, or others from
the community
• foster parents and birth parents work together
• all the child-serving systems involved with children and families work together—
they “collaborate”
• services from different agencies are coordinated to reduce confusion for
families—one service plan is developed—so everyone is “on the same page”
• families and youth who are involved in the child welfare system express their
opinions about how the system works and offer suggestions for improvement
when needed
• sometimes different agencies combine resources to better serve and help
families—this might be called “blended funding”
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What are the names of some of the approaches that are based
on these principles?
Some of the approaches being used in different parts of the country include
the following:
• family centered practice
• family mediation
• family group decision making (sometimes called family group conferencing)
• family-to-family initiatives or partnerships
• child and family teams
• the wraparound process
• systems of care
• community collaboratives for child protection.
How do these approaches work?

Child welfare systems find that children can be better protected if the full
community and the family help provide for the safety of children. They have begun
to involve families and other members of the community in more meaningful ways.
We will use the family-to-family initiative as an example. The family voices at the
beginning of this section (Darren’s mom and foster mom) demonstrate one aspect
of this approach. If a community uses a family-to-family approach, foster and
birth parents work together to support each other. You can see how helpful it was
when Darren’s mom and Sally, the foster parent, began working together as a
team. Together they were able to ensure Darren’s safety and well-being. Eventually,
Darren was able to return home to live permanently.
Where can I get more information about these approaches?

The section, Terms You May Want to Know, at the back of the Guide has
definitions of the approaches that are listed above.
Has the Federal government encouraged these approaches in states

and communities?
Yes. The federal government has done this in several ways. Here are two examples:
• One way is by helping states to improve their child welfare programs. In 2001, a
process called the Child and Family Services Reviews (CFSR) was started. The
CFSR process requires states first to study how their child welfare systems are
working. Then there is an on-site review. This means that a team of people
SECTION 10

(some from the federal government) visits the state. They will read the records
and talk with families, agency staff, and other people who are involved with a
sample of 50 children in the state. The state must meet certain standards. Based
on what the team finds, the state has to develop a plan to make improvements
that are needed. States are supposed to involve families in this process.
The CFSR process supports the following:

– family-centered practice
– services for children in their own homes—or at least near their own homes
– offering services that are based on each family’s needs
– helping parents to provide for their children’s needs
• Another way is by offering federal funds to states, communities, and Indian

Tribes to develop community-based systems of care to serve children who have
emotional and mental health problems. These systems of care involve many of
the systems that your child might be involved with, for example the child
welfare system, the courts, the mental health system, and the school system.
How can I help make improvements in the child welfare system?

In the approaches listed above, families are encouraged to express their views on
how the child welfare system is working. When you feel that you are ready, you
can start by asking the agency worker if there is an opportunity to fill out a
satisfaction survey or to participate in a focus group. You can express your interest
in becoming a member of an advisory group that meets with agency staff.
Many communities have parent associations and/or family-run organizations that

you can join. As a member of such a group you will have a group voice. Both
parent associations and family-run organizations offer support to families and
advocate for improvement in service systems.

✓ Check with your agency worker or a family organization in your community to find out if
any of the approaches mentioned above in this Section are available in your community.
(See the section on Helpful Resources at the back of this Guide for information about
national family and parent organizations.)
✓ If you learn about an approach that appeals to you, ask if it can be considered for
your family.
✓ When you are ready, you might want to consider joining a parent organization where
you can have input into how services are delivered in the child welfare system. You can
help advocate for more resources and also help other families like yourself.
✓ Remember that the child welfare system, the court, and your family usually have the
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same goal—to help your family live together safely, successfully, and permanently.

Thelma’s Voice (continued from Section 2, page 13)
All stories that involve abuse and placement don’t have sad endings. Often the
child welfare system’s interventions help families move to a better place. Certainly,
the process is painful, long, and grueling. As I look back on the events that
occurred, I know that I am a better mother and my children are better for the time
spent on fixing past wounds. These wounds were impeding my chance to be the
“good mother” that I desperately want to be.
Shortly after my son was placed into care, our caseworker offered the option of
having a service called Family Preservation Service (FPS) as a method of returning my
son home. We, of course, agreed to the 24-hour a week intervention so that my son
could come home. The service began with an intake meeting where the therapist
and her supervisor visited our home to assess our needs. The supervisor became my
individual therapist at the end of the FPS intervention. Three years later, I had finally
worked through the root of my issues, that being the incest in my own childhood.
The thing that was impacting most on my ability to be an effective parent was the
fact that I had not experienced good parenting myself. Having never been
protected, I had no idea of how to protect my children. Having had a mother that
ignored her husband’s behavior, I learned to ignore my husband’s behavior.
Although, I certainly wished that I had not had to endure the pain and trauma that
resulted from the involvement of the child welfare agency, it did in fact help me change
my behaviors and become a mother capable of protecting and nurturing my children.
I was forced to reconcile my past in order to move forward to a brighter future. I had
to recognize that it wasn’t about my children’s behavior; it was about my behavior
and the changes I needed to make. I am better, and now they are better for it.
Parents’ Notes

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Terms You May
Terms
Want to Know
Terms
Terms You
May Want
to Know
T his section contains words or phrases used in the A Family’s Guide to

the Child Welfare System that may be unfamiliar to you. It also
contains other words or phrases that are not used in the Guide. These are
terms that you may be exposed to as you are involved with the child
welfare system.
Advocates: People or groups that support or help parents or children (for

example, parent advocate or child advocates). They may provide
parents and children with information. They may be present with
parents in court or at appointments with providers. They help to
make sure the rights of the child and/or parent are looked out for.
Adoption: This is when children, who will no longer live with their
biological parents, become full and permanent legal members of
another family. Sometimes they also maintain contact with their
birth family. This is called an “open adoption.”
Allege: When someone claims something happened (for example, child

abuse) without having to prove it. An “allegation” is what you call
the claim someone has made.

Appeal Process: The process parents can use when they do not agree with an agency or a court
decision. There are two types of appeals. The first is at the agency level and is sometimes
referred to as a “grievance process.” The grievance process is for families who do not agree
with a decision about services; for example, when a service is denied, when there is a
failure to take into account a family’s choice of service, or when the family is not satisfied
with the quality of the service being provided. The agency should have a process in place
to address these concerns. The second type of appeal is related to the court process. Those
who do not agree with decisions made in court regarding themselves or their children can
appeal the decision with the help of a lawyer.
Assessment: This is a process to find out a family’s strengths, needs, and resources. When these
strengths, needs, and resources are known (that is, when they are “assessed”), the
information is used to plan services and supports. When a family becomes involved with
the child welfare agency, the worker will first do a “safety assessment” to find out if a child
is in any immediate danger. Next, he will do a “risk assessment” to determine the
likelihood that a child might be abused or neglected in the future. A full “family
assessment” will also be done. This finds out what a family’s strengths are and what
families need so that their children can remain at home. If a child is removed, then the
assessment determines what is needed for the child to return home.
There are other kinds of assessments that children and parents participate in. For example,
when a child goes to a doctor, his physical health will be assessed. If he goes to see a
counselor, his emotional health may be assessed. This is done to find out what the child
needs, how well he is doing, and what can be done to help.
CASA (Court Appointed Special Advocate): This refers to a specially trained person chosen
by the juvenile or family courts. This person is usually a volunteer. The CASA’s job is to
ensure that the needs and best interests of children who have been abused or neglected are
addressed during the court process. The CASA usually meets with the child, his parents,
and often others involved with the family. The CASA reports to the Court about how a
child is doing. (For more information see the National CASA Association in the
resource section.)
Child Abuse and Neglect: (See Section 2, p. 14.)
Child Abuse Report: The call that is received by the child welfare agency to report an incident
of abuse or neglect or concern about risk of abuse or neglect of a child. The information is
written down and some kind of follow-up takes place.

Child and Family Teams: The child and family team comes together to develop family service
plans. The team is usually made up of the providers and agency representatives who are
working with the family, extended family members, and other support persons, such as
neighbors or ministers. The family approves all team members. The team reviews each
family’s strengths and needs. Then it identifies the services and supports that will be put in
place. Family members are active partners in the planning for their children.
Child Abuse Hotline (sometimes called ChildLine): A toll-free line to report suspected child
abuse or neglect. Anyone can report suspected abuse and neglect to this Hotline. It is
available 24 hours a day, 7 days a week. All reports are confidential.
Child Maltreatment: This means the same thing as child abuse and neglect.
Child Protection Agency (sometimes referred to as Child Protective Services—CPS): The

public agency that is responsible for investigating cases of suspected abuse or neglect of
children and for providing services and supports to children and families.
Child Protection Services: An array of services and supports that are set up to assess and address
the safety of a child. These services and supports are provided when it is determined that
the child is at risk or has been abused or neglected.
Community Collaboratives for Child Protection: This is an approach where the responsibility
for the safety and protection of children is based in their neighborhoods or communities.
The community as a whole becomes accountable for child safety. The development of
community partnerships helps child welfare systems to provide a wide array of services.
This includes prevention, early intervention, and services to families and children in crisis.
Child welfare agency offices are located in the neighborhoods they serve. They may be co-
located with other service providers. Services for the family are designed in the community
to meet the individual family needs. Families are connected to community resources.
Community collaboratives have various names and are located in numerous places across
the country.
Concurrent Planning: (See Section 3, p. 30.)
Court Order: A legally binding document that describes the judge’s instructions or directions.
(All parties to a court order must follow it.)
Custody: A judge grants this to an adult or an agency so that they have the legal right to care for
a child. The custodian has the power to make major decisions regarding the child.

Emergency Placement/Removal: This is when a child is temporarily removed from his family
and lives in a different place. This is done when the CPS worker has concerns about the
safety of a child. The CPS worker is supposed to get an emergency protection order either
before or immediately after the child is placed. The emergency protection order will then
be reviewed in a court hearing to see if your child can return home. The type of place
where your child can go on an emergency basis might be to a relative, foster home, or an
emergency shelter.
Emergency Shelter: This is a type of out-of-home placement. It is a temporary, short-term place

where children and youth who are taken into state custody stay. It may be a family home
or a group facility. It is set up to provide an immediate safe environment while decisions
are being made about where a child will live.
Families as Resources and Service Providers: This refers to families who have had
experiences with the child welfare system who become resources to other families entering
the system. Families can be resources in many different ways. They can be respite
caregivers who provide relief to other families. They can be mentors, which is like being
guides or teachers. They also might be co-trainers or presenters with professional staff.
This might be for such things as foster parent training and parenting classes.
Family-Centered Practice: Family-centered practice is based on the belief that children thrive in
healthy stable families and communities. The best way to protect children in the long run
is to support their families. The family refers to a child’s immediate family, extended
family, foster family, guardian, or adoptive family. Before family-centered practice was
used in the child welfare system, professional service providers were considered the experts
who told families what to do. Family-centered practice is a shift away from that way of
thinking. Family centered practice builds on the strengths of family relationships to help
children and families. The family’s agenda and its priorities shape the service delivery
process. When the child welfare system operates with a family-centered approach,
• the family as a whole unit, as well as its individual members, are the focus of attention
• the main purpose for working with a family is to help strengthen the family so that it
can carry out its responsibilities and care for its children
• successful services reflect a family’s language, culture and spiritual beliefs.
• services affirm the family’s values and styles of decision making
• families are actively involved in developing the service plan (see Section 3). The plan
is based on family strengths. Family members help carry it out and evaluate how
it is working.

Family Mediation: This is a process in which a neutral person helps to find solutions on issues
regarding a child’s welfare and placement. This person (often called a “mediator”) is not
directly involved with the family or with the child welfare agency. This person works with
the agency workers and family members to create an agreement on the issues. Mediation is
intended to be a collaborative process. The goal is to find solutions to the issues in a
positive way. The mediation process allows the following:
• everyone has the opportunity to be heard
• development of better working relationships
• ability to reach agreements
When an agreement is reached, it usually is made formal by a legally drafted contract or

by a court order. Mediation may not be appropriate for all families. The safety of the
persons involved must come first and not be compromised through the mediation process.
Family Group Decision Making (sometimes called “family group conferencing” or

“family team decision making”): This approach is used to help ensure a child’s safety
and care. It is based on the belief that:
• children do better when they have strong connections to their parents or primary
caregivers
• services that keep the main responsibility for the care of children in the hands of the
family are the most effective
In this approach, a meeting is held with the family and extended family members to get
them involved in planning for the safety and permanency of the child or youth.
Information about the family’ s situation is presented at the beginning of the meeting.
Families are given time to consider the information presented to them and to make a plan.
They decide how they can offer support to keep the child safe. They present their plan to
the professionals and other people attending the meeting. The plan is reviewed and
approved by this group. This family team helps create a network of support for the child
and for parents. Family group decision-making meetings work differently in different
communities. Many communities hold the meetings around a family meal.

Family-to-Family Initiatives: This is an approach that began in 1992 and provides an

alternative way of thinking about family foster care. In this type of initiative, networks or
groups of family foster homes are developed. These homes are neighborhood based,
culturally sensitive, and located primarily in the communities in which the children live.
The Family-to-Family Initiative is designed to do the following:
• better screen children being considered for removal from home to determine what
services might be provided to safely preserve the family and/or what the needs of the
children are
• bring children in group or institutional care back to their neighborhoods
• involve foster families as team members in family reunification efforts
• become a neighborhood resource for children and families and invest in the capacity of
communities from which the foster care population comes
• provide permanent families for children in a timely manner
Foster Family Home: This is a type of out-of-home placement. It is an essential child welfare
service for children and their parents who must live apart from each other for a temporary
period of time. This might be because of abuse or neglect or other special circumstances.
This type of placement is a home setting. The foster parents are licensed, trained
caregivers. The role of the foster parent is that of caregiver and nurturer.
Founded: a finding after the initial CPS assessment that there is believable evidence that child
abuse or neglect has occurred. Another term that means the same thing is “substantiated.”
Group Home: This is a type of out-of-home placement. It is a homelike setting in which a

number of unrelated children live together for different lengths of time. Group homes
may have one set of house parents or may have rotating staff. Some therapeutic or
treatment group homes have specially trained staff to assist children with emotional and
behavioral difficulties.
Guardian Ad Litem (GAL): This is a person, usually a lawyer appointed by the court, who meets
with a child and tells the court what the GAL believes is best for the child.
Guardianship: A legal way for an adult other than the parent to assume parental responsibility
and authority for a child. This is done without ending the parental rights of the birth
parents. Legal guardianship for a child is a relationship between the child and a caretaker
that is created by the court. It is intended to be permanent. Sometimes the child welfare
agency provides financial help in caring for the special needs of the child. This is called
subsidized guardianship.

Home- and Community-Based Services Waiver: Federal Medicaid law allows certain
Medicaid rules to be “waived” or set aside so that states can make changes to their
Medicaid programs. The home- and community-based services waiver allows an expanded
array of home- and community-based services for children or adults with physical or
mental disabilities so that they don’t have to be placed in institutions. This waiver also
allows states to provide Medicaid for some children who would otherwise not be eligible
for Medicaid because their parent’s income is too high. To be eligible, the child must
require care in a hospital or nursing home. The waiver allows the child to receive that high
level of care in his home or community.
Home Study: This is the process of assessing and preparing families to determine their potential
to become either foster parents or adoptive parents. It looks at the strengths and needs of
families. It also helps families determine which children (for example, based on age and
level of need) would benefit most from being in their care. A home study may also take
place for a person being considered for kinship care (when a licensed provider) or
guardianship of a child.
Independent Living Placement: This is a type of out-of-home placement, for example, an

apartment. It is for older youth in foster care and those who leave the foster care system to
live on their own. This includes youth who cannot return home to live, are not placed
with relatives or guardians, and are not adopted.
.
Independent Living Services: These are services to prepare youth for adulthood. They may
focus on developing skills in areas such as money management, job hunting, daily living
skills, and communication skills. Services to prepare for living independently are most
helpful when they are taught to youth at an early age.
Indicated: This is a finding after the initial assessment of a child abuse and neglect report that
there is reason to suspect that the child has been abused or neglected or that the child is at
risk for abuse or neglect. However, the abuse or neglect cannot be proven. Currently, only
10 states have this category.
Individualized Education Program (IEP): Federal Law 94-142 states that children with
disabilities have the right to attend public schools with their peers. A team of school staff
and parent(s) create a plan to identify areas the child needs help with in the current school
year. The IEP also describes how the school will provide these services.
Investigation: This is the formal information gathering process used by a child protective service
agency to determine whether or not child abuse or neglect has occurred.

Kinship Care Placement: This is a type of out-of-home placement where the full-time care of
the child is provided by relatives, godparents, step-parents, or other adults who have a
kinship bond with the child. This could include a close friend, a neighbor, or a member of
a child’s tribe. This is also called “relative placement.” Children may be placed formally in
homes of relatives by the courts. This is also known as kinship foster care. They also may
be placed informally on a voluntary basis by the parent or guardian. A subsidy (or
financial support) is generally not provided by the child welfare agency unless relatives are
licensed foster parents. Relatives may also apply for TANF assistance.
Medicaid: Medicaid finances health and mental health care for eligible people with low incomes.
Medicaid is run and funded jointly by the federal government and states. Children
normally qualify either because they live in a family with very low income or because they
have a disability severe enough to qualify them for federal disability benefits such as
Supplemental Security income (SSI).
Open Adoption: An adoption in which the adoptive parent and birth parent agree that the birth
parent will maintain contact with the child. This type of agreement may not be legally
enforceable. The contact may be done through telephone calls, in writing, or face-to-face.
The type of contact depends on the individual situation.
Permanency: This is one of the goals established by federal law for children who are in out-of-
home placement. When a child has been placed outside of the home, the child welfare
agency must establish a permanent home for him. This means a place where the child will
have safe and nurturing family relationships expected to last a lifetime. In most cases, the
permanency plan for the child is to return to the birth family. This is not always possible,
so a judge may decide that the child will live with relatives or with adoptive parents.
Permanency also refers to the importance of continuing family relationships and

connections while the child is in out-of-home placement.
Permanency Planning: This is the process the agency worker goes through to ensure that
children are in safe and nurturing family relationships expected to last a lifetime.
Prevention and Family Support Services: These are services to support and strengthen
families so children do not have to be placed out of their home. These may include
services such as family education, respite care, voluntary visiting services, and family
support programs.
Public Child Welfare Agency: Social service agency responsible for ensuring the safety of
children in stable, permanent environments. These agencies provide a wide array of
services to meet the individual needs of families and children.

Reasonable Efforts: These are the steps child welfare agencies must take to prevent children
from being removed from their homes and to help children who have been removed to
return home. States must also make reasonable efforts to help children find other
permanent homes if they cannot return to their own families. Federal legislation requires
that reasonable efforts be made, but it does not define what efforts or services are
considered as “reasonable.” Individual states have the flexibility to define this.
Registry (also known as Abuse Registry or Central Register): If an allegation of child

abuse or neglect is founded by the child protective services agency, the name of the person
responsible for the abuse or neglect is usually placed in a registry. Most states have a
central place for keeping track of reports of the results of child abuse and neglect
investigations. The length of time that a name remains in the registry varies by state.
Residential Treatment Center: This is a type of out-of-home placement for a child. It may also
be called residential group care. This is a state-licensed, 24-hour facility. Residential care
programs offer intensive treatment services, including mental health services for children
with special needs. Many children in residential care have emotional or physical
conditions that require intensive, on-site therapy. Residential treatment centers are usually
a temporary placement.
Respite Care: This is a service that gives a family a short break or relief by having someone else
temporarily take care of a child. It can be for a few hours or a few days. Sometimes respite
care occurs in a family’s own home. It also may occur at a center or in someone else’s
home.
Risk Assessments: See the definition of “assessment.”
Service Plan: See Section 3, p. 26.
TANF: The Temporary Assistance for Needy Families (TANF) program is also known as “welfare.”
It might also be called “public assistance.” This government program provides cash aid and
other services to low-income families who are eligible. Recipients of this aid must meet
certain work requirements or other activities set by their state to receive aid. There is a
time limit of 5 years (or less in many states) that families can receive aid.
TEFRA Option (also called the Katie Beckett Option): This Medicaid option allows states to
enroll children with disabilities who live at home and need extensive care, but who would
not otherwise qualify for Medicaid because of their family’s income and resources being
too high. It allows states to pay for home- and community-based services for these
children. Eligibility for TEFRA is based on the child’s disability and care needs, not on
family income. TEFRA also is sometimes called the Katie Beckett option after the child
whose situation led to the creation of this option. TEFRA stands for the Tax Equity and
Fiscal Responsibility Act of 1982, which created this option.

Termination of Parental Rights (TPR): A legally binding court decision made by a judge. TPR
ends all parental rights of birth parents. The child is then legally free to be adopted.
Therapeutic Foster Home (also called “treatment foster care”): This is a type of out-of-
home placement. It is a foster home in which the foster parents have received special
training and have special skills to care for children and adolescents with significant
emotional, behavioral, or medical problems. Treatment is provided within the foster home
in a structured and active way. Treatment foster parents receive additional supports and
resources to meet the special needs of the children in their homes. Therapeutic foster
homes are considered an alternative to institutional settings.
Wraparound Process: This approach includes a specific process for planning services. The
child and family are fully involved in deciding what services are needed. The services
offered usually include a lot of community services and supports from other family
members and friends. A child and family team ensures that the services meet the unique
needs of each child and family. The goal is to achieve positive outcomes. In a true
wraparound process, a child and family will not be denied services. Instead, services will
be changed to meet their needs.

Relevant Federal
Laws/Policies
Laws/Policies
Laws/Policies
Relevant
Federal
Laws/Policies
T his section lists the popular names, public laws, and/or U.S. codes for laws
that were referred to in A Family’s Guide to the Child Welfare System. It also
describes laws that affect child welfare practice but were not specifically mentioned
in the Guide. A paragraph or two summarizing the key points of each is provided.
If you would like to look up the specific language of the laws and policies, you can
find the actual laws at your public library or by searching on the Internet. On the
Internet, you can go to the Library of Congress Web site, http://thomas.loc.gov/.
You can also visit the federal Children’s Bureau, Department of Health and
Human Services’ Web site for specific state- and federal-level information on child
welfare laws and policies at http://www.acf.hhs.gov/programs/cb/laws/#state.
If you need legal advice or need more explanation specific to your situation, it is
best to contact a lawyer.

1. Child Welfare Services Program (Title IV-B, Subpart 1 of the Social Security Act)—
This program authorizes federal funds in the form of grants to states for a wide range of child
welfare services and activities. Individual children who receive services from the child welfare
system through the use of these funds do not have to meet any federal income requirements.
2. Adoption Assistance and Child Welfare Act of 1980 (Title IV-E of the Social Security
Act, Public Law: 96-272)—This act provides the largest federal funding stream for child
welfare services. It covers the cost of room and board for foster care, subsidizes adoption of
children with special needs, pays for training for child welfare staff and for foster and adoptive
parents, and covers some of the child welfare agency’s administrative costs. Title IV-E funds
are available only to children whose families’ income is low enough to meet certain federal
income requirements.
This legislation requires child welfare agencies to make “reasonable efforts” to keep families
together and to return children in foster care to their original homes. This law was originally
initiated to do the following:
• prevent unnecessary separation of children from their families
• reduce the duration of a child’s stay in foster care
• protect the autonomy of the family
• encourage adoption when it is in the child’s best interest
• improve the quality of care and services
• reduce the number of children in foster care
• promote the return of children to their families
Title IV-E Waivers: Through an application process, some states (not all) have received waivers
that give states greater flexibility in the use of their Title IV-E funds to test new and creative
ways to fund and deliver child welfare services.
Note: Title IV-B and Title IV-E of the Social Security Act (#1 and #2 above) are the primary
sources of federal funds to states for a variety of child welfare services.
3. Child Abuse Prevention and Treatment Act (CAPTA)—1974, 1996, 2002, 2003, Public
Law: 108-36 (Amendments of 2003)—This act provides a definition of child abuse and
neglect behaviors that are reportable to Child Protective Services. It requires certain
professionals to report child abuse and neglect and provides grants to states for child abuse
and neglect prevention and treatment programs. CAPTA was reauthorized in 2003.
Sometimes the 2003 reauthorized version of CAPTA is referred to as The Keeping Children
and Families Safe Act of 2003.

CAPTA was enacted in 1974 for several reasons:
• Physicians noticed that 1 in 10 children seen in emergency rooms were victims of physical
abuse.
• Many child maltreatment situations were not reported.
• States had developed reporting laws and responses to reports without much uniformity.
The goals of the law are as follows:

• to increase identification, reporting, and investigation of child maltreatment
• to monitor research and compile and publish materials for people working in the field
• to develop uniformity of reporting and response across the country
• to enhance the federal governments role to be proactive in the detection, prevention, and
treatment of child abuse
After several reauthorizations, the law now minimally provides for the following:
• investigation of child abuse and neglect
• prosecution of child abuse
• child abuse prevention grants and services
• training for child protective services workers
8. Title XX of 1975 (Social Services Block Grant), Public Law 97-35—Title XX provides
federal funds for services for low-income children, families, and adults. States are given wide
discretion in determining what services these funds will pay for, including child welfare-related
activities, such as preventive, protective, adoption services, and services for children in foster
care.
9. IDEA (Public Law 101-119), Part B and Part C. (This bill is scheduled to be
reauthorized in 2003)—The Individuals with Disabilities Education Act (IDEA) is a federal
law that was originally passed by Congress in 1986. It gives children with disabilities or delays
in development the right to appropriate and needed developmental and educational services
from birth through age of 21. It provides funds and resources so children with disabilities are
able to receive a Free Appropriate Public Education. It has four different parts to it, but parts
B and C most directly affect families.

Part B of IDEA, also known as Assistance for Education of All Children with Disabilities, is set
up to help states, territories, and the District of Columbia with providing special education
and related services to children ages 3-21. These children must have 1 of the 13 disabilities
identified in the law (autism, deafness, deaf-blindness, emotional disturbance, hearing
impairment, mental retardation, multiple disabilities, orthopedic impairment, other health
impairment, specific learning disability, speech or language impairment, traumatic brain
injury, and visual impairment). To obtain services, the child must have an evaluation to decide
if he/she meets the criteria for services. If so, the family and a school team will meet to create
a written plan. This plan, the Individualized Education Program (IEP), explains the services
and supports that will be provided to meet the child’s needs. It also lists the educational goals
they hope to reach.
Part C of IDEA, also known as Infants and Toddlers with Disabilities, is set up to assist states,
territories, and the District of Columbia with developing a comprehensive and coordinated
system of early intervention services. The early intervention system provides services and
supports for infants and toddlers birth through 2 years old who have a disability or are
suspected of having a disability or a delay in their development and their families. Early
intervention services and supports include an evaluation of the child’s development and, if the
child’s development is delayed, the creation of a plan with the family to help the child
overcome those delays. This plan is called the Individualized Family Service Plan (IFSP). The
plan determines the type of services the infant or toddler may need. The services are then
started and occur in the child’s natural environment or place that the child spends the
majority of his/her time.
10. Indian Child Welfare Act of 1978 (ICWA), Public Law 95-608—This law mandates that
state courts act to preserve the unity of Native American families by giving preference for out-
of-home placements first to extended families, then to foster families in the child’s own tribe,
and finally to foster families of another tribe. It also regulates how states handle child abuse
and neglect and adoption cases involving Native American children. ICWA allows tribal
courts to request that a child’s “case” be transferred from the state court to the tribal court.
(See Section 8 in the Guide for more information.)
7. Multiethnic Placement Act of 1994 (MEPA, Public Law 103-82; also known as the
Howard M. Metzenbaum Multiethnic Placement Act of 1994)—This act was enacted
in 1994 as part of the Improving America’s Schools Act to do the following:
• prohibit an agency or entity that receives federal assistance and is involved in adoptive or
foster care placements from delaying or denying the placement of a child solely on the basis
of race, color, or national origin of the adoptive or foster parent, or the child involved
• amend the Social Security Act by requiring diligent efforts to expand the number of racially
and ethnically diverse foster and adoptive parents

• give individuals aggrieved by a noncomplying agency or entity the right to bring an action
in the appropriate U.S. District Court
• state that noncompliance is considered a violation of the antidiscrimination principles of the
U.S. Constitution and Title VI of the Civil Rights Act of 1964
8. Interethnic Placement Act of 1996 (IEPA, Public Law 104-188; Interethnic Adoption
Provisions, included in the Small Business Job Protection Act) amended the MEPA in
1996 (described in item 7 above) through provisions for the Removal of Barriers to
Interethnic Adoption to do the following:
• remove potentially misleading language in MEPA’s original provisions and clarify that
discrimination based on race, color, or national origin is not to be tolerated in the adoption
and foster placements of any child
• discuss fiscal penalties that withhold federal funds to states that have violated these
provisions or failed to implement corrective action
• indicate that an action may not be brought more than 2 years after the date of the
alleged violation
9. Adoption and Safe Families Act of 1997 (ASFA), Public Law 105-89—This act
established the goals of safety, permanency, and well-being for children in contact with the
child welfare system. It provided a shortened timeframe for states to initiate termination of
parental rights, except under certain circumstances. It also provided incentives to states for
adoption activities. It established certain exceptions to the “reasonable efforts” requirement to
keep families together or reunite children in foster care with their families.
10. Family Preservation and Support Services Program (1993) (Title IV-B, Subpart 2 of
SSA), Public Law 103-66, 42 U.S.C. 629A(1), 42 U.S.C. 629A(2)—This law provides
federal funds for family support services and makes increased funds available for family
preservation services, which are services designed to help preserve family unity and prevent
placement of children in foster care, and for family support services, which are services to
promote the safety and well-being of children and families and increase strength and stability
of families.
Promoting Safe and Stable Families (1997), Title IV-B, Part 2 of SSA
The Family Preservation and Support Services Program was renamed in 1997 as the
Promoting Safe and Stable Families Program (PSSF). The PSSF allows states to continue using
these federal funds for family preservation and support services. It also emphasizes the
importance of keeping children safe while families receive services. It expands the type of
services for which these federal funds must be used. The new services are time-limited family
reunification services, and adoption promotion and support services.

Promoting Safe and Stable Families Amendments of 2001, Public Law 107-133
These amendments extend the PSSF program and also support programs for educational and
training vouchers for youth who “age out” of foster care, as well as a mentoring program for
children with incarcerated parents. It changes the definition of family preservation services to
include infant safe-haven programs. Family support services now include programs to
strengthen parental relationships and promote healthy marriages.
11. John H. Chafee Foster Care Independence Program, Title I (1999), Public
Law 106-169—This program provides funds to states to assist youth and young adults
(up to age 21) who are leaving foster care by providing educational, vocational, practical,
and emotional services and supports. Title I of the Act gives states the option to extend
Medicaid coverage to youth between 18 and 21 years of age, who were in foster care on
their 18th birthday.

Helpful
Resources
for More
Information
Resources
Resources
Helpful
Resources for
More Information
T his section includes various resources that you may want to access for
additional help as you navigate through the child welfare system. Included in
this section are descriptions and contact information for the following:
• the organizations that worked together to develop A Family’s Guide to the Child
Welfare System (called sponsoring organizations)
• national parent or family organizations
• national organizations that focus on child welfare issues
• other resources

Helpful Resources for More Information
Family Guide: Sponsoring Organizations

The following organizations worked together collaboratively to produce this Family Guide. If you
have questions or thoughts about the Guide, please contact any of the persons listed below.

440 First Street, NW, Suite 310
Washington, DC 20001-2085
Phone: 202-638-2952
Fax: 202-638-4004
Web site: www.cwla.org
Contact name: Julie Collins (202-639-4932; [email protected])
CWLA is an association of more than 1,100 public and private nonprofit agencies, including a
family-run organization, that assist over 3.5 million abused and neglected children and their
families each year with a wide range of services. CWLA is committed to engaging people
everywhere in promoting the well-being of children, youth, and their families and protecting
every child from harm. CWLA strives to advance national standards of excellence and sound
public policies on behalf of the abused, neglected, and vulnerable children served by our public
and nonprofit member agencies.

1101 King Street, Suite 420
Alexandria, VA 22314
Phone: 703-684-7710
Fax: 703-836-1040
E-mail: [email protected]
Web site: www.ffcmh.org
Contact name: Barbara Huff (703-684-7710; [email protected])
This national parent-run organization emerged in 1989 from the grassroots efforts of many
individual family members and supportive professionals committed to improving services and
supports for children and youth with mental health needs and their families. The Federation
offers effective family-driven advocacy to ensure that children’s mental health remains a highly
visible, national priority. It offers leadership and resources to a nationwide network of family-run
organizations, including more than 120 statewide family organizations, local chapters, and other
family-run organizations. The Federation provides an opportunity for family members to work
with professionals and other interested citizens to improve services for their children with
emotional, behavioral, or mental disorders. The Federation represents children, youth, and
families from diverse cultures and backgrounds. All families have a voice in the Federation.

5100 SW Macadam Avenue, Suite 300
Portland, OR 97239
Phone: 503-222-4044
Fax: 503-222-4007
Web site: www.nicwa.org
Contact name: Terry Cross
The National Indian Child Welfare Association, Inc. (NICWA) is a private, nonprofit
organization dedicated to improving the lives of Indian children and their families. NICWA
accomplishes this goal by offering training and technical assistance on Indian child welfare
services, making available information regarding the needs and problems of Indian children,
helping improve community-based services, and analyzing legislation and policies affecting
services for Indian children.
National Technical Assistance Center for Children’s Mental Health

3307 M Street, NW, Suite 401
Phone: 202-687-5000
Fax: 202-687-1954
Web site: http://gucchd.georgetown.edu
Contact name: Jan McCarthy (202-687-5062; [email protected])
The National Technical Assistance Center for Children’s Mental Health (TA Center) is part of the
Georgetown University Center for Child and Human Development, a division of Georgetown
University Medical Center. Since 1984, the TA Center has been working in partnership with state
and community leaders and families to promote culturally appropriate services and positive
outcomes for children and adolescents who have, or are at risk for, mental health problems
and their families. The Center’s mission is to assist states and communities in building systems
of care approaches to service delivery that are child and family centered, culturally competent,
community based, and coordinated across different child-serving systems. The TA Center
also is involved in numerous activities to improve services for children and families in the
child welfare system.

Technical Assistance Partnership for Child and Family Mental Health

American Institutes for Research
1000 Thomas Jefferson Street, NW, Suite 400
Washington, DC 20007-3835
Phone: 202-342-5600
Fax: 202-944-5454
Web site: www.air.org/tapartnership
Contact name: Anita Marshall (202-298-2634; [email protected])
The Technical Assistance Partnership (TA Partnership) is a partnership among the American
Institutes for Research and the Federation of Families for Children’s Mental Health. The TA
Partnership provides technical assistance to grant communities funded by the Comprehensive
Community Mental Health Services for Children and Their Families Program. The goal of the TA
Partnership is to assist these communities in their efforts to successfully develop and implement
local systems of care for children with severe emotional disturbance and their families.
National Parent and Family Organizations

These are national organizations that are run by families or specifically designed to serve families.
They are available to provide support and information. Interested family members can join these
organizations, or organizations like them, to help other parents.
Family Support America

20 N. Wacker Drive, Suite 1100
Chicago, IL 60606
Phone: 312-338-0900
Fax: 312-338-1522
Web site: www.familysupportamerica.org
Family Support America promotes family support practice as the movement to strengthen and
support families by identifying and connecting individuals and organizations that have contact
with families; by providing technical assistance, training and education, conferences, and
publications; and by promoting the voice of families.

Family Voices
3411 Candelaria NE, Suite M
Albuquerque, NM 87107
Phone: 505-872-4774
Fax: 505-872-4780
Web site: www.familyvoices.org
Family Voices is a national grassroots network of families and friends speaking on behalf of all
children with or at risk for special health care needs. Family Voices has chapters across the
country. Family Voices has a volunteer coordinator in every state, 10 regional coordinators, and a
small staff working in several locations around the country. The Web site has a list of state
chapters and provides links to other organizations in each state.

(See information in the previous section on sponsoring organizations.)
National Foster Parent Association

7512 Stanich Avenue, Suite 6
Gig Harbor, WA 98335
Phone: 253-853-4000 or 800-557-5238
Fax: 253-853-4001
Web site: www.nfpainc.org
This national nonprofit volunteer organization was created to support foster parents, agency
representatives, and community people working together to improve the foster care system; to
promote communication among foster parents, agencies, and organizations; and to recruit and
retain foster parents.
Parents Anonymous® Inc.

675 West Foothill Blvd., Suite 220
Claremont, CA 91711-3475
Phone: 909-621-6184
Fax: 909-625-6304
Web site: www.parentsanonymous.org
Parents Anonymous® builds upon the strengths of parents to ensure that children live and grow in
safe, nurturing homes by offering families help today and hope for the future. As the nation’s
child abuse prevention organization, Parents Anonymous® Inc. is a community of parents,
organizations and volunteers committed to the following:
• strengthening families and building strong communities
• achieving meaningful parent leadership and shared leadership
• leading the field of child abuse and neglect

To ensure the accessibility of Parents Anonymous® programs to all community members, whether
they are married, single, divorced, teen parents, grandparents, or step-parents, Parents
Anonymous® groups meet in settings such as local community centers, churches, schools, housing
projects, shelters, and prisons. Parents Anonymous® also operates local 24-hour hotlines to
provide an immediate response to parents seeking help.
Parent Training and Information (PTI) Centers

See http://www.taaliance.org/PTIs.htm for a list of centers in each state or call 1-888-248-0822.
Each state has at least one parent-run organization to help parents learn more about the needs of
their children with disabilities. PTIs provide information to parents of infants, toddlers, school-
aged children, and young adults with disabilities. They also work with professionals around a
child’s needs. They can also help parents learn how to participate in planning processes for their
child’s education. The centers have a lot of information about programs, services, and resources in
individual states.
National Organizations Focusing on Child

Welfare Issues
This section includes organizations that have a focus on child welfare issues and on providing
resources to improve service delivery to children, youth, and their families. Many of them can
provide information and referral for individual families and for families who are caring for
children of their relatives.
Casey Family Programs National Center for Resource Family Support

1808 Eye Street, NW, Fifth floor
Phone: 202-467-4441 or 1-888-295-6727
Fax: 202-467-4499
Web site: www.casey.org/cnc
Casey Family Programs National Center for Resource Family Support provides comprehensive
information about policies, programs, and practices for retaining, recruiting, and supporting
foster, adoptive, and kinship care families.

(See description in the section on sponsoring organizations.)

Children’s Defense Fund
25 E Street, NW
Phone: 202-628-8787
Fax: 202-662-3550
Web site: [email protected]
Children’s Defense Fund (CDF) began in 1973 and is a private, nonprofit organization supported
by foundations, corporations grants, and individual donations. It provides a strong effective voice
for all the children of American who cannot vote, lobby, or speak for themselves. It pays particular
attention to the needs of children who are poor and from minority cultures and of children with
disabilities. CDF has offices throughout the United States and has many helpful resources on its
Web site.
Connect for Kids

The Benton Foundation
950 18th Street, NW
Fax: 202-638-5771
Web site: www.connectforkids.org
Connect for Kids, an award-winning project of the Benton Foundation, offers a public space on the
Internet for adults—parents, grandparents, educators, policy makers, and others—who want to
make their communities work for kids. Connect for Kids strives to help people do the following:
• get better informed about children’s status in the community, state, and nation
• give time or money to improve the lives of kids
• learn tools and techniques to address a specific interest related to children
• get connected to groups that can act on behalf of kids
• exercise responsible citizenship with children in mind
The Web site includes links to each state and the District of Columbia. These state links offer
information about organizations within each state that focus on child abuse and neglect, foster
care, and adoption, plus more.

Foster Family-Based Treatment Association

1415 Queen Anne Road
Teaneck, NJ 07666
Phone: 800-414-FFTA (3382)
Web site: www.ffta.org/index.html
This association is committed to enhancing the lives of children within families through
strengthening family-based organizations working in treatment foster care. Membership with FFTA
provides members with position papers published through FFTA, the FFTA FOCUS newsletter and
Agency Memorandum update to keep them informed on developments and trends in treatment
foster care, access to technical assistance, participation in on-line discussion groups, networking
opportunities with other professionals, and discounts to professional events and products.
National Adoption Information Clearinghouse

330 C Street, SW
Phone: (888) 251-0075 or 703-352-3488
Fax: 703-385-3206
Web site: www.calib.com/naic
The National Adoption Information Clearinghouse was established by Congress in 1987 to

provide free information on all aspects of adoption. The mission of the Clearinghouse is to
connect professionals and concerned citizens to timely and well-balanced information on
programs, research, legislation, and statistics regarding the safety, permanency, and well-being of
children and families.
National Association of Public Child Welfare Administrators (NAPCWA)

American Public Human Services Association
810 First Street, NE, Suite 500
Phone: 202-682-0100
Fax: 202-289-6555
Web site: www.aphsa.org
NAPCWA is affiliated with the American Public Human Services Association. Created in 1983, it
works to enhance and improve public policy and administration of services for children, youth,
and families. As the only organization devoted solely to representing administrators of state and
local public child welfare agencies, NAPCWA brings an informed view of the problems facing
families today to the formulation of child welfare policy.

National Clearinghouse on Child Abuse and Neglect Information
330 C Street, SW
Phone: 800-394-3366 or 703-385-7565
Fax: 703-385-3206
Web site: www.calib.com/nccanch
The Clearinghouse is a national resource for families, professionals, and others seeking information
on child abuse and neglect and on child welfare. It has many helpful resources and links.
National Information Center for Children and Youth with Disabilities (NICHCY)
P.O. Box 1492
Phone: 1-800-695-0285 (Voice/TTY) (Call weekdays 9:30 AM–6:30 PM EST.
There is voice mail to leave a message.)
Web site: www.nichcy.org
NICHCY serves as a national information and referral center about disabilities for families and
professionals, especially on issues for children and youth from birth to age 22. NICHCY has
bilingual information specialists who can answer specific questions from parents in both English
and Spanish. The Web site has “State Resource Sheets” listing groups and agencies that can help
you find information and services for children.
National Resource Center for Community-Based Family Resource

and Support Programs (FRIENDS)
Chapel Hill Training Outreach Project
800 Eastowne Drive, Suite 105
Chapel Hill, NC 27514
Phone: 800-888-7970
Fax: 919-968-8879
Web site: www.friendsnrc.org/friends.htm
The National Resource Center for Community-Based Family Resource and Support Programs
(FRIENDS) provides training and technical assistance to agencies implementing the Community-
Based Family Resource and Support grant programs. FRIENDS offers a range of services designed
to help states, tribal organizations, and local programs develop community-based family resource
programs and networks throughout the United States.

Other Resources
Office for Civil Rights, U.S. Department for Health and Human Services
Hubert H. Humphrey Building, Room 509F
200 Independence Avenue, SW
Phone: 1-800-368-1019 or 1-800-537-7697 (TDD)
Web site: hhs.gov/cvr
The office for Civil Rights in the U.S. Department of Health and Human Services (HHS)
enforces federal laws that prohibit discrimination by health care and human service providers that
receive funds from HHS. If you believe that someone who receives funds from HHS has
discriminated against you because of your race, color, national origin, disability, age, and, in some
cases, sex or religion, you may file a complaint with the Office of Civil Rights OCR. You may call
202-619-0403 or go to the OCR Web site to learn how to file a complaint.
State-specific Laws on the Adoption and Safe Families Act of 1997

These Web sites offer summaries of state legislation enacted in response to the Adoption and Safe
Family Act of 1997 and other resources (maintained by the National Conference of State
Legislatures). A public user can look up topics such as adoption across state lines, termination of
special rights, and health insurance for children with special needs. Go to the following Web site
for more information:
Web site: http://www.ncsl.org/statefed/cf/asfasearch.htm
Web site: http://www.ncsl.org/programs/cyf/ASFA97.htm
United Way of America

North Fairfax Street
Alexandria, VA 22314
Phone: 703-836-7112
Web site: www.unitedway.org
United Way of America is a national organization dedicated to leading the United Way movement
in every community across America. The United Way movement includes approximately 1,400
community-based United Way organizations. Each has an information and referral function that
can help you find services and supports in your own community. Each United Way organization
is independent of others and governed by local volunteers.

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A COLLABORATIVE EFFORT AMONG

National Technical Assistance Center for

A COLLABORATIVE EFFORT AMONG

This document reflects the thinking of many individuals and

Document Available from:

Technical Assistance Partnership for Child and Family Mental Health

Also available on the web sites of the other sponsoring

An additional group of child welfare administrators identified by the

A Family’s Guide to the Child Welfare System III

We relied on federal policies and laws, as well as on many valuable resource

A special thanks goes to Anna de Guzman at the Georgetown University Center

Alexandra Ashbrook Kim Ford Valerie Oliver

IV A Family’s Guide to the Child Welfare System

SECTION 1: What Is the Child Welfare System? ....................................11

SECTION 2: Learning about Child Protective Services ................13

REPORTING CHILD ABUSE AND NEGLECT ................................................15

A Family’s Guide to the Child Welfare System V

Section 2: Learning About Child Protective Services continued

HOW INVESTIGATIONS WORK ............................................................................................................................................17

SECTION 3: The Nuts and Bolts of Service Planning ............................................................................................25

VI A Family’s Guide to the Child Welfare System

SECTION 5: Learning About Out-of-Home Placement Services..........................................................39

THE PLACEMENT EXPERIENCE ..............................................................................................................................................43

THE COURT EXPERIENCE ............................................................................................................................................................47

A Family’s Guide to the Child Welfare System VII

Section 5: Learning About Out-of-Home Placement Services continued

Who participates in all of these hearings? ..........................................................................................................................53

SECTION 6: Placements to Obtain Treatment and Services for Children............................57

SECTION 7: What Are the Possibilities After Out-of-Home Placement?..............................63

VIII A Family’s Guide to the Child Welfare System

GUARDIANSHIP/KINSHIP CARE ............................................................................................................................................70

INDEPENDENT LIVING ....................................................................................................................................................................73

A Family’s Guide to the Child Welfare System IX

SECTION 9: Summary of Your Rights and Responsibilities ........................................................................85

What are my rights related to service planning? ..........................................................................................................86

SECTION 10: Some Approaches Used by Child Welfare ..................................................................................91

Terms You May Want to Know ................................................................................................................................................................99

Relevant Federal Laws/Policies ..............................................................................................................................................................111

Helpful Resources for More Information ..............................................................................................................................119

X A Family’s Guide to the Child Welfare System

Welcome to A Family’s Guide—Purpose of the Guide

A Family’s Guide to the Child Welfare System 3

Think of the Guide as a tool to help you learn about

How do I find information in the Guide?

4 A Family’s Guide to the Child Welfare System

Section 9 provides a summary of your rights and responsibilities as a parent when

Terms You May Want to Know

Relevant Federal Laws/Policies

A Family’s Guide to the Child Welfare System 5

Practical Tips For Families

How can I use the Guide to help my family?

Can the Guide be used by people other than family members?

6 A Family’s Guide to the Child Welfare System

Practical Tips for Using A Family’s Guide

A Family’s Guide to the Child Welfare System 7

SECTION 2: Learning about Child 13

SECTION 3: The Nuts and Bolts 25

SECTION 4: Learning About Services 33

SECTION 5: Learning About 39