Laws & Policies

Current as of:

The Children's Bureau provides guidance to states, tribes, child welfare agencies, and more on the complex and varied federal laws as they relate to child welfare.

What’s New in Laws & Policies? 

This page provides resources and information about new federal legislation, regulations, and Children's Bureau policies.

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CB Policy

Displaying 41 - 50 of 253
  • IM-17-04

    Title IV-E Child Welfare Demonstration Project Requests for Extensions – Procedures and Criteria
    September 22, 2017
    This IM alerts title IV-E agencies to updated and streamlined procedures that the Department of Health and Human Services will follow in considering requests to extend child welfare waiver demonstration projects approved under the authority of section 1130 of the Social Security Act.
  • IM-17-03

    Efforts by child welfare agencies, local communities, and federal agencies to end family and youth homelessness
    January 18, 2017
    This Information Memorandum (IM) shares information on Federal efforts and resources to enhance child welfare’s response to family and youth homelessness.
  • IM-17-02

    High Quality Legal Representation for All Parties in Child Welfare Proceedings
    January 17, 2017
    This Information Memorandum (IM) encourages all child welfare agencies, courts, administrative offices of the courts, and Court Improvement Programs to work together to ensure parents, children and youth, and child welfare agencies, receive high quality legal representation at all stages of child welfare proceedings.
  • IM-17-01

    Adoption and Foster Care Analysis and Reporting System (AFCARS) final rule
    January 10, 2017
    This Information Memorandum informs state and tribal title IV-E agencies about the publication of the AFCARS final rule.
  • This Information Memorandum (IM) provides title IV-E agencies that choose to develop a Comprehensive Child Welfare Information System (CCWIS) and expect expenditures to meet or exceed thresholds defined in APD regulations with information on the use of an optional checklist to document automated functions as described in CCWIS regulations at 45 CFR 1355.56.
  • IM-16-06

    CCWIS Overview for State and Tribal IT Staff
    October 19, 2016
    This Information Memorandum (IM) provides an overview of the CCWIS rule to IT staff of the title IV-E agencies. This IM includes the CCWIS Overview for State and Tribal IT Staff attachment.
  • IM-16-05

    New Legislation - Public Law 114-198, the Comprehensive Addiction and Recovery Act of 2016
    August 26, 2016
    The purpose of this Information Memorandum (IM) is to inform states of the enactment of CARA and provide basic information on the resulting changes in CAPTA for child abuse or neglect prevention and treatment programs.
  • IM-16-04

    CCWIS Notice of Intent Checklist Template
    August 8, 2016
    This Information Memorandum (IM) provides state and tribal IV-E agencies submission instructions for a Notice Of Intent (NOI) as described in regulations at 45 CFR 1355.52(i)(1) and 1355.56(d)(1). This IM also provides an optional NOI checklist that title IV-E agencies may use.
  • IM-16-03

    Executive’s Guide to CCWIS
    August 8, 2016
    This Information Memorandum (IM) informs state and tribal IV-E agencies about the publication of the Executive’s Guide to CCWIS.
  • IM-16-02

    CCWIS final rule authorized under Title IV -E of the Social Security Act
    June 2, 2016
    The purpose of this Information Memorandum (IM) is to inform state, tribal, and territorial Title IV-E agencies of the CCWIS final rule.

Policy Resources

The following resources provide additional information about policy manuals, federal legislation, as well as state and tribal statutes.

  • Child Welfare Policy Manual: Policy questions and answers applicable to child welfare programs operated by the Children's Bureau.
  • The Title IV-E Plan Preprint - The current version of the title IV-E plan preprint for state and tribal title IV-E agencies is in the following program instructions: 
    • ACYF-CB-PI-18-07: Preprint Section A, State and Tribal Title IV-E Agency Plan for Foster Care Assistance, Adoption Assistance and Guardianship Assistance Programs 
    • ACYF-CB-PI-18-11: Preprint Section A, State and Tribal Title IV-E Agency Plan Attachment XII: Requirements for Participating in the Title IV-E Kinship Navigator Program 
    • ACYF-CB-PI-18-09: Preprint Section B, State Title IV-E Agency Plan for Title IV-E Prevention Services and Programs
    • ACYF-CB-PI-18-10: Preprint Section B, Tribal Title IV-E Agency Plan for Title IV-E Prevention Services and Programs
    • ACYF-CB-PI-23-08: Preprint amendment based on changes from the Trafficking Victims Prevention and Protection Reauthorization Act of 2022 (P.L. 117-348)
    • ACYF-CB-PI-23-10: Preprint Section A, amendment to adopt separate licensing or approval standards for relative or kinship foster family homes and to ensure foster care maintenance payment amount equity for relative and kinship foster family homes.
  • Form CB-496 — The current version of the Title IV-E Programs Quarterly Financial Report CB-496 with instructions is in ACYF-CB-PI-21-08, issued July 15, 2021.
  • 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 curriculum 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.
  • Congress.gov  - Congress.gov is the official website for U.S. federal legislative information. The site provides access to accurate, timely, and complete legislative information for Members of Congress, legislative agencies, and the public.
  • 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).

Laws, Legislation, and Regulatory Actions

Federal Laws

Federal laws are bills that have passed both houses of Congress, been signed by the president, passed over the president’s veto, or allowed to become law without the president’s signature. Individual laws, also called acts, are arranged by subject in the United States Code . Federal laws that govern Children’s Bureau programs are: 

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 section 305 within Title III, Division CC of the Consolidated Appropriations Act, 2021, P.L. 116-260, enacted December 27, 2020.

Legislation

Legislation consists of bills introduced by legislative bodies to amend or enact laws.  Legislation must become law to have any force or effect. The Government Printing Office and Congress.gov provide access to the official public laws.  For a list of recently enacted child welfare-related laws, click here.  Additionally, the following resources provide information about some enacted federal child welfare laws:

  • 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 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.

Regulatory Actions

Executive branch agencies, such as the Administration for Children and Families issue regulations that interpret, implement, and enforce enacted laws. Regulations are published in the Federal Register . The Federal Register contains government agency rules, proposed rules, public notices.  It is published every weekday, except on federal holidays. The Regulatory Actions page provides the Children’s Bureau’s proposed and final regulations and notices for public comment since 2008 and includes links to the sections of the Code of Federal Regulations that govern the title IV-B and IV-E programs.

Technical Bulletins

The Children’s Bureau develops technical bulletins to supplement official guidance and assist states and tribes in implementing child welfare policies and practices. Technical bulletins cover a variety of topics, including the Adoption and Foster Care Analysis and Reporting System (AFCARS), the National Youth in Transition Database (NYTD), the Comprehensive Child Welfare Information System (CCWIS), and child welfare monitoring.

  • AFCARS Technical Bulletins - These technical bulletins supplement official guidance and assist states in developing, implementing, and maintaining their Adoption and Foster Care Analysis and Reporting System (AFCARS).
  • NYTD Technical Bulletins - These technical bulletins supplement official guidance and assist states in developing and implementing the data collection and reporting requirements for the National Youth in Transition Database (NYTD).
  • CCWIS Technical Bulletins - These technical bulletins supplement official guidance and assist states and tribes in developing, implementing, and maintaining their Comprehensive Child Welfare Information System (CCWIS).
  • CFSR Technical Bulletins - These technical bulletins supplement official guidance and assist states in understanding and preparing for child welfare monitoring reviews.
  • Legal and Judicial - This technical bulletin supplements official guidance and assist states and tribes regarding legal and judicial matters.
  • Title IV-E Prevention Program Technical Bulletins - These technical bulletins supplement official guidance and assist title IV-E agencies in implementing data collection and reporting requirements for the title IV-E prevention program.