Laws & Policies

Child Welfare Policy Manual

The Child Welfare Policy Manual conveys mandatory policies that have their basis in Federal law and/or program regulations. It also provides interpretations of Federal statutes and program regulations initiated by inquiries from State Child Welfare agencies or ACF Regional Offices.

Policy/Program Issuances

The Children's Bureau issues guidance to States on the administration of State grant programs in the following formats:

• Action Transmittals (AT) - These issuances convey program guidance information to grantees on actions they are expected or required to take.
• Information Memoranda (IM) - These issuances are used as the primary means for program administrations and staff offices to communicate with State agencies and grantees or potential grantees on a variety of matters, such as program activities and priorities, progress reports, research findings, available funds, related regulations, and proposed and pending Federal legislation affecting human service programs.
• Policy Guides and Manuals (PGM) - These issuances may be program regulation guides, grants administration manuals, and any other policy, program, or grants-related guides or manuals. They also provide comprehensive guidance to clarify, explain, and expand upon the meaning of the related program and grant administration rules and regulations.
• Program Instructions (PI) - These issuances clarify and explain procedures and methods for operationalizing program policies, add details to program regulations or policy guide requirements, and convey to grantees program guidance information on actions they are expected or required to take.
• Program Regulations (PR) - These issuances are used to transmit final regulations, interim final rules, and notices of proposed rulemaking.
• Federal Register Notices - These are notices published in the Federal Register that provide information, alert the public to upcoming events, or invite comment on issues under consideration (other than program regulations).

Federal, State, and Tribal Laws

Federal Laws

• The Child Abuse Prevention and Treatment Act (CAPTA) (PDF – 389 KB) - This booklet presents CAPTA as amended by P.L. 111-320, the CAPTA Reauthorization Act of 2010, and also includes the Adoption Opportunities program and Abandoned Infants Assistance Act, as amended.
  • CAPTA 2003 (PDF - 586 KB) - This booklet presents CAPTA as amended by the Keeping Children and Families Safe Act of 2003.
  • About CAPTA: A Legislative History - This document summarizes the legislative history and purpose of CAPTA, the key Federal legislation addressing child abuse and neglect. (PDF - 72 KB)
• 45 CFR Part 95-Draft (PDF – 516 KB)- State Systems Advance Planning Document (APD) Process. The Advance Planning Document (APD) process governs the procedure by which States obtain approval for Federal financial participation in the cost of acquiring automated data processing equipment and services. This final rule reduces the submission requirements for lower-risk information technology (IT) projects and procurements and increases oversight over higher-risk IT projects and procurements by making technical changes, conforming changes and substantive revisions in the documentation required to be submitted by States, counties, and territories for approval of their Information Technology plans and acquisition documents. Enacted October 28, 2010.
• Compilation of Titles IV-B, IV-E and Related Sections of the Social Security Act - Draft (PDF - 531 KB) - Social Security Act with changes from the Child and Family Services Improvement and Innovation Act (Public Law 112-34) enacted 09/30/2011 Patient Protection and Affordable Care Act ( Public Law 111-148) enacted March 23, 2010 and Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) enacted October 7, 2008.
• Index of Federal Child Welfare Laws - Since 1974, many laws have been passed by the U.S. Congress that impact children and families and the agencies that serve them. A list of selected Acts is included.
• Major Federal Legislation Concerned with Child Protection, Child Welfare, and Adoption - This report summarizes the objectives and services mandated by key federal laws regarding child protection, child welfare, and adoption. (PDF - 302 KB)
• Federal Legislation - Recent acts of importance to the field.
  • P.L. 110-351 - Fostering Connections to Success and Increasing Adoptions Act of 2008
  • P.L. 109-432 - Tax Relief and Health Care Act of 2006
  • P.L. 109-288 - Child and Family Services Improvement Act of 2006
  • P.L. 109-248 - Adam Walsh Child Protection and Safety Act of 2006
  • P.L. 109-239 - Safe and Timely Interstate Placement of Foster Children Act of 2006
  • P.L. 109-171 - Deficit Reduction Act of 2005
  • P.L. 109-113 - Fair Access Foster Care Act of 2005.
  • The Keeping Children and Families Safe Act of 2003  (PDF - 102 KB)
  • Promoting Safe and Stable Families Amendments of 2001
  • Strengthening Abuse and Neglect Courts Act of 2000 (PDF - 216 KB)
  • Intercountry Adoption Act of 2000 (PDF - 127 KB)
  • Child Abuse Prevention and Enforcement Act, 2000 (PDF - 189 KB)
  • Foster Care Independence Act of 1999 (PDF - 153 KB)
  • Adoption and Safe Families Act of 1997 (PDF - 233 KB)
  • Child Abuse Prevention and Treatment Act, as Amended, 1996 (PDF - 300 KB)
  • Interethnic Adoption Provisions (IEPA) of the Small Business Job Protection Act of 1996
• Code of Federal Regulations (maintained by the Government Printing Office)
  • Office of Family Assistance (Assistance Programs) Part 205 General Assistance Hearings
    • 45 CFR 205.10 - Hearings
    • 45 CFR 205.50 - Safeguarding information for the financial assistance programs
  • Office of Family Assistance (Assistance Programs) Part 235 Administration of Financial Assistance Programs
    • 45 CFR 235.63 - Conditions for FFP.
    • 45 CFR 235.64 - FFP rates, activities and costs matchable as training expenditures.
    • 45 CFR 235.65 - Activities and costs not matchable as training expenditures.
    • 45 CFR 235.66(a) - Sources of State funds.
  • Title 45 - Public Welfare Chapter XIII - Office of Human Development Services
    • 45 CFR 1355 - General
    • 45 CFR 1356 - Requirements Applicable to Title IV-E
    • 45 CFR 1357 - Requirements Applicable to Title IV-B

Regulations

• Title IV-E Foster Care Eligibility Reviews and Child and Family Services State Plan Reviews:
  • Executive Summary
  • Final Rule (PDF - 428 KB)
• Request for Public Comment and Consultation Meetings on AFCARS - Published in the Federal Register: July 23, 2010 (Volume 75, Number 141)
  Due to the enactment of the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Pub. L. 110-351) and the substantial changes it introduced in title IV-E, the Children's Bureau intends to issue a new AFCARS Notice of Proposed Rulemaking (NPRM) to amend the AFCARS regulations at 45 CFR 1355.40 and the appendices to part 1355. This document is a call for comments to inform development of the new NPRM. Parties should provide comments on or before October 21, 2010. (PDF - 55 KB)
  
  
• Title IV-E Tribal Consultation Meetings - Published in the Federal Register: March 13, 2009 (Volume 74, Number 48)
  Request for Public Comment Concerning Requirements for Transferring Children From the Placement and Care Responsibility of a State Title IV-E Agency to a Tribal Title IV-E Agency and Tribal Share of Title IV-E Administration and Training Expenditures. (PDF - 55 KB)
  
  
• Adoption and Foster Care Analysis and Reporting System (AFCARS); Proposed Rule - Published in the Federal Register: January 11, 2008 (Volume 73, Number 8)
  Notice of proposed rulemaking (NPRM) proposes numerous improvements to AFCARS data, including changes to the reporting populations, data structure, elements, compliance determination and penalty provisions. The AFCARS NPRM is a proposal at this time; therefore existing AFCARS requirements and procedures remain in effect. (PDF - 371 KB)
  
  
• Final Rule: National Youth In Transition Database - Published in the Federal Register: February 26, 2008 (Volume 73, Number 38)
  This final rule adds new regulations to require States to collect and report data to ACF on youth who are receiving independent living services and on the outcomes of certain youth who are in foster care or who age out of foster care. This final rule implements the data collection requirements of the Foster Care Independence Act, enacted in 1999.

Resources

• Implementation of the Fostering Connections to Success and Increasing Adoptions Act of 2008 - A reference for stakeholders interested in locating Children's Bureau policy, guidance and other implementation activities related to the Fostering Connection to Success and Increasing Adoption Act of 2008 (Public Law 110-351).
• Understanding and Complying With Title VI of the Civil Rights Act of 1964 and The Multiethnic Placement Act of 1994, as amended by The Interethnic Adoption Provisions (IEP) :This video presentation is sponsored by the Administration for Children and Families, Children's Bureau, in coordination with the National Resource Center for Adoption, a service of the Children's Bureau (Download the PowerPoint in PDF Format) (PDF - 183 KB)
• THOMAS - Searchable database of full text Federal legislation (maintained by the Library of Congress).
• 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)
• State Statutes Search - Search Child Welfare Information Gateway for State statutes on issues related to child abuse and neglect, child welfare, and adoption. Results will provide summaries of State statutes (and full text of laws, in some cases).

Other Related Links

• CBX Video - View here to find out more about the Children's Bureau's online digest.
• Tribal Title IV-E Program Considerations, Technical Assistance Document - This document is designed as a technical assistance tool for Indian Tribess to use in considering how to plan for the resources, policies, and procedures they will or may need to implement a direct title IV-E program. (PDF - 551 KB)
• CFSP/APSR Toolkit - This toolkit is a central location for technical assistance documents and materials, as well as references to specific laws, policies, and checklists, that relate to the development of the State and Tribal Child and Family Service Plan (CFSP) and Annual Progress and Services Report (APSR).
• Statewide Automated Child Welfare Information System (SACWIS) - General information about SACWIS, including meetings and conferences and Federal guidance.
• Adoption and Foster Care Analysis and Reporting System (AFCARS) - General Information on AFCARS, which collects case level information on all children in foster care for whom State child welfare agencies have responsibility for placement, care or supervision and on children who are adopted under the auspices of the State's public child welfare agency.
• National Youth In Transition Database Notice of Proposed RuleMaking - Published in the Federal Register: July 14, 2006 (Volume 71, Number 135)] - Information on the proposed regulation that will implement the data collection provisions in the John H. Chafee Foster Care Independence Program, enacted in 1999. (PDF - 262 KB)
• Practical Strategies for Tracking and Locating Youth: Proposed National Youth in Transition Database - A technical assistance document to accompany the proposed rule on the National Youth In Transition Database (NYTD) published in the Federal Register on July 14, 2006 (71 FR 40346). (PDF - 378 KB)
• Indian Child Welfare Act; Receipt of Designated Tribal Agents for Service of Notice Bureau of Indian Affairs - This notice in the Federal Register lists the Designated Tribal Agents for service of notice under the Indian Child Welfare Act, 25 CFR 23.12. (PDF - 270 KB)