Laws & Policies

Federal laws set specific guidelines for state and tribal child welfare practice and frequently outline eligibility for federal funding.

The Child Abuse Prevention and Treatment Act (CAPTA) - This document presents CAPTA as amended by P.L. 115-271, the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act or the SUPPORT for Patients and Communities Act, enacted October 24, 2018. The text includes the Adoption Opportunities program.

Compilation of Titles IV-B, IV-E and Related Sections of the Social Security Act - This compilation includes the titles IV-B, IV-E, and related sections of the Social Security Act as amended by the Family First Transition Act, within sec. 602, Subtitle F, Title I, Division N of the Further Consolidated Appropriations Act, 2020, P.L. 116-94, enacted December 20, 2019.

Legislation must be enacted by Congress to establish federal laws. Various pieces of legislation form the foundation for federal child welfare law, like titles IV-B and IV-E of the Social Security Act.

The following resources provide information about federal child welfare legislation, including the Child Abuse Prevention and Treatment Act (CAPTA):

• Index of Federal Child Welfare Laws Visit disclaimer page  - 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 laws is included.
• About CAPTA: A Legislative History - This document summarizes the legislative history and purpose of CAPTA, the key federal legislation addressing child abuse and neglect.

This is a list of recently passed child welfare legislation. The Government Printing Office Visit disclaimer page  and Congress.gov Visit disclaimer page  provide access to the official public laws.

• P.L. 115-271 - Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act or the SUPPORT for Patients and Communities Act
• P.L. 115-123 - Bipartisan Budget Act of 2018 (also Family First Prevention Services Act)
• P.L. 115-119 - RAISE Family Caregivers Act
• P.L. 114-198 - Comprehensive Addiction and Recovery Act of 2016
• P.L. 114-22 - Justice for Victims of Trafficking Act of 2015
• P.L. 113-183 - Preventing Sex Trafficking and Strengthening Families Act
• P.L. 112-34 - Child and Family Services Improvement and Innovation Act of 2011
• P.L. 111-320 - CAPTA Reauthorization Act of 2010
• P.L. 111-148 - Patient Protection and Affordable Care Act
• 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
• P.L. 108-145 - Adoption Promotion Act of 2003
• P.L. 108-36 - Keeping Children and Families Safe Act of 2003
• P.L. 107-133 - Promoting Safe and Stable Families Amendments of 2001
• P.L. 106-279 - Intercountry Adoption Act of 2000
• P.L. 106-177 - Child Abuse Prevention and Enforcement Act of 2000
• P.L. 106-169 - Foster Care Independence Act of 1999
• P.L. 105-89 - Adoption and Safe Families Act of 1997
• P.L. 104-235 - Child Abuse Prevention and Treatment Amendments of 1996
• P.L. 104-188 - Interethnic Adoption Provisions (IEPA) of the Small Business Job Protection Act of 1996

Executive branch agencies, such as the Children's Bureau, may develop regulations to provide more specific guidance on how a piece of legislation will be interpreted and implemented. Regulations are published in the Federal Register, and the public often is given the opportunity to comment on them. This page contains both regulations and notices for public comment.

• AFCARS 2020 Final Rule Visit disclaimer page  – A final rule on the Adoption and Foster Care Analysis and Reporting System (AFCARS) was published in the Federal Register on May 12, 2020. It finalizes a proposal to streamline the information required to be reported by title IV-E agencies from the 2016 AFCARS final rule.
• AFCARS 2019 Notice of Proposed Rulemaking Visit disclaimer page  – A NPRM was published in the Federal Register on April 19, 2019 that proposes to streamline the information required to be reported in the December 2016 final rule. 
• Notice of biennial publication of allotment percentages for States under the Title IV–B subpart 1, Stephanie Tubbs Jones Child Welfare Services Program - Published in the Federal Register: November 29, 2018 (Volume 83, Number 230). This notice from the Federal Register announces the allotment percentage for fiscal years 2020 and 2021 for each state under the Stephanie Tubbs Jones Child Welfare Services Program authorized by title IV-B, subpart 1 of the Social Security Act (the Act).
• AFCARS Final Rule regarding Implementation of the Dec. 2016 Final Rule Visit disclaimer page  - A final rule was published in the Federal Register on August 21, 2018 to delay implementation of the December 2016 AFCARS final rule until October 1, 2020 (83 FR 42225). This rule finalizes the Notice of Proposed Rule Making (NPRM) that was published on March 15, 2018 (83 FR 11450). 
• Federal Register Notice on Proposed National Model Foster Family Home Licensing Standards Visit disclaimer page  – This Federal Register notice published August 1, 2018, describes the Children’s Bureau's proposed model standards for foster family home licensing and the 60-day comment period (83 FR 37495). Final model standards were issued via ACYF-CB-IM-19-01 (February 4, 2019).
• Decisions Related to the Development of a Clearinghouse of Evidence-Based Practices in Accordance With the Family First Prevention Services Act of 2018 Visit disclaimer page - Published in the Federal Register on June 22, 2018 (83 FR 29122). The Administration for Children and Families, HHS, solicits comments by July 22, 2018 on initial criteria and potential candidate programs and services for review in a Clearinghouse of evidence-based practices in accordance with the Family First Prevention Services Act of 2018. The Clearinghouse will identify promising, supported, and well-supported practices for mental health and substance abuse prevention and treatment programs, in-home parent skill-based programs, and kinship navigator programs appropriate for children who are candidates for foster care pregnant or parenting foster youth, and the parents or kin caregivers of those children and youth.
• AFCARS Advance Notice of Proposed Rulemaking Visit disclaimer page  and Notice of Proposed Rulemaking regarding Implementation of the Dec. 2016 Final Rule Visit disclaimer page  - An Advance Notice of Proposed Rule Making (ANPRM) on the Adoption and Foster Care Analysis and Reporting System (AFCARS) was published in the Federal Register on March 15, 2018. Additionally, we published in the Federal Register on March 15, 2018 a NPRM proposing to provide an additional two fiscal years to comply with the AFCARS requirements in the December 2016 final rule. 
• 2016 Final Rule: Adoption and Foster Care Analysis and Reporting System - Published in the Federal Register on December 14, 2016 (81 FR 90524). The final rule requires title IV-E agencies to collect and report data to ACF on children in out-of-home care, who exit out-of-home care to adoption or legal guardianship, information related to the Indian Child Welfare Act of 1978, and children who have a title IV-E adoption or guardianship assistance agreement. 
• Comprehensive Child Welfare Information System Final Rule Visit disclaimer page  - Published in the Federal Register on June 2, 2016 (Volume 81, Number 106). The CCWIS final rule replaces the Statewide/Tribal Automated Child Welfare Information System (SACWIS/TACWIS) regulations at 45 CFR 1355.50 - 57.
• Supplemental Notice of Proposed Rulemaking: Adoption and Foster Care Analysis and Reporting System Visit disclaimer page  - Published in the Federal Register on April 7, 2016 (81 FR 20283). The proposed supplemental rule requires that state title IV-E agencies collect and report additional data elements related to the Indian Child Welfare Act of 1978 (ICWA) in AFCARS.
• Notice of Proposed Rulemaking: Comprehensive Child Welfare Information System Visit disclaimer page  - Published in the Federal Register on August 11, 2015 (Volume 80, Number 154). The proposed rule amends the Statewide/Tribal Automated Child Welfare Information System (SACWIS/TACWIS) regulations at 45 CFR 1355.50 - 57.
• Notice for Public Comment on the Child Abuse Prevention and Treatment Act (CAPTA) Visit disclaimer page - Published in the Federal Register on March 31, 2015 (80 FR 17045). Pursuant to 42 U.S.C. 5106a, the Children's Bureau (CB) announces the opportunity for public comment on the policy interpretation of section 106(b)(2)(B)(x) articulated in question 2.1A.4 #8 of the Child Welfare Policy Manual (CWPM), which concerns the public disclosure of findings or information about a case of child abuse or neglect which results in a child fatality or near fatality.
• Notice for Public Comment on the Title IV-E Adoption Assistance Program's Suspension and Termination Policies Visit disclaimer page  - Published in the Federal Register on March 31, 2015 (80 FR 17058) In accordance with title IV-E of the Social Security Act (42 U.S.C. 673), the Children's Bureau (CB) announces the opportunity for public comment on our suspension and termination policies for the title IV-E adoption assistance program, articulated in the Child Welfare Policy Manual. We similarly announce the opportunity to provide public comment about any other policy areas of concern relating to the title IV-E adoption assistance program.
• Technical Regulation: Removal of Child Abuse and Neglect Prevention and Treatment Act Implementing Regulations Visit disclaimer page  - Published in the Federal Register on March 30, 2015 (80 FR 16577) The Administration for Children and Families is removing the Child Abuse Prevention and Treatment Act (CAPTA) regulations in their entirety. These regulations no longer apply to the CAPTA programs they were originally designed to implement because of major legislative changes to CAPTA since the regulations were issued.
• Notice of Proposed Rulemaking: Adoption and Foster Care Analysis and Reporting System Visit disclaimer page  - Published in the Federal Register: February 9, 2015 (Volume 80, Number 26) The proposed rule to amends the Adoption and Foster Care Analysis and Reporting System (AFCARS) regulations at 45 CFR 1355.40 and the appendices to part 1355. It builds on an earlier proposed rule, published January 11, 2008 (73 FR 2082).
• Interim Final Rule: Tribal Child Welfare Visit disclaimer page  - Published in the Federal Register: January 6, 2012 (Volume 77, Number 4)
• This interim final rule implements statutory provisions related to the tribal title IV–E program.  It amends federal regulations at 45 CFR 1355, including Appendices A-E, and 45 CFR 1356.

• Title IV-E Foster Care Eligibility Reviews and Child and Family Services State Plan Reviews:

• Executive Summary
• Final Rule
• Title IV-B Tribal Consultation Meetings Visit disclaimer page  - Published in the Federal Register: February 21, 2012 (Volume 77, Number 34)
• This is a request for public comment from Indian tribes and other interested parties concerning requirements applicable to the title IV-B Child and Family Services Plan.
• Request for Public Comment and Consultation Meetings on AFCARS Visit disclaimer page  - 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.
• Title IV-E Tribal Consultation Meetings Visit disclaimer page  - Published in the Federal Register: March 13, 2009 (Volume 74, Number 48)
• This is a 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. It also addresses the tribal share of title IV-E administration and training expenditures.
• Adoption and Foster Care Analysis and Reporting System (AFCARS); Proposed Rule Visit disclaimer page  - Published in the Federal Register: January 11, 2008 (Volume 73, Number 8)
• This NPRM proposes numerous improvements to AFCARS data, including changes to the reporting populations, data structure, elements, compliance determination, and penalty provisions. 
• Final Rule: National Youth In Transition Database Visit disclaimer page  - 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, which was enacted in 1999.
• 45 CFR Part 95-Draft - State Systems Advance Planning Document (APD) Process. The 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 IT plans and acquisition documents. It was enacted on October 28, 2010.
• 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 Visit disclaimer page  - Hearings
• 45 CFR 205.50 Visit disclaimer page  - Safeguarding information for the financial assistance programs
• Office of Family Assistance (Assistance Programs) Part 235 Administration of Financial Assistance Programs
• 45 CFR 235.63 Visit disclaimer page  - Conditions for FFP
• 45 CFR 235.64 Visit disclaimer page  - FFP rates, activities and costs matchable as training expenditures
• 45 CFR 235.65 Visit disclaimer page  - Activities and costs not matchable as training expenditures
• 45 CFR 235.66(a) Visit disclaimer page  - Sources of state funds
• Title 45 - Public Welfare Chapter XIII - Office of Human Development Services
• 45 CFR 1355 Visit disclaimer page  - General
• 45 CFR 1356 Visit disclaimer page  - Requirements Applicable to Title IV-E
• 45 CFR 1357 Visit disclaimer page  - Requirements Applicable to Title IV-B