By Steve Christian

February 2002
Volume 27, Number 5
 

State legislatures enacted a substantial number of child welfare bills in 2001. Many of these bills address emerging child welfare issues, such as safe havens for abandoned infants, children's exposure to domestic violence and manufacture of illegal drugs, kinship care, family support, independent living services for youth emancipating from foster care, and compliance with federal child welfare laws and regulations. Other laws are intended to promote coordination of services, improve oversight, and make major structural changes to state agencies that deliver child welfare and other services. The appendix contains citations to the legislation referenced in this report.

Children and Meth Labs

Parental addiction to methamphetamine (meth) is considered by many experts to be far more devastating to children than addiction to other substances, including cocaine, heroin or alcohol. In addition, children in homes where meth is produced are exposed to toxic chemicals and other dangerous substances. Several states that are particularly affected by the rise in the manufacture and use of meth enacted legislation to address these problems. California made grant funds available to counties to establish multiagency drug-endangered child response teams. Iowa includes exposure to drug labs in the definition of child maltreatment. Oregon added exposure to dangerous drugs to the list of grounds for termination of parental rights. Washington now requires reporting of children found in meth homes to child welfare authorities.

Children and Domestic Violence

A growing number of states are recognizing the serious effects of adult domestic violence on children. Arkansas joins a number of other states that have stiffened criminal penalties for domestic violence in the presence of a child and, in addition, now requires training in domestic violence issues for law enforcement officers. In legislation that may increase reporting of children exposed to domestic violence, California now requires mandated reporters of child abuse to report situations in which mental suffering has been inflicted upon a child or a child's emotional well-being is endangered. Florida directed that training for child protective services staff include instruction for removing a perpetrator of domestic violence from the home. Montana requires judges to consider the presence of a child as a factor in sentencing a perpetrator convicted of family member assault. Nevada authorizes courts to refer children to protective services agencies for counseling as a result of exposure to domestic violence and adds such children to the list of victims of crime who are eligible for compensation from the state.

Safe Havens for Abandoned Infants

Twenty-three states passed laws in 2001 that allow parents to relinquish a newborn to certain authorities anonymously and without penalty.

Kinship Care

A number of states enacted legislation to support grandparents and other relatives who are caring for children. Louisiana made its grandparent subsidy program available to other relatives besides grandparents. Louisiana and Oklahoma authorized certain relative caregivers to consent to medical and educational services for a child. Missouri, responding to greater than expected demand and budgetary limitations, reduced the subsidy and restricted eligibility under its Grandparents as Foster Parents program. Nevada enacted legislation that requires the state to establish a program to support qualifying relatives who have obtained legal guardianship of children. New Jersey created kinship legal guardianships supported by a $250 monthly stipend and appropriated funds for additional judgeships to handle kinship guardianship cases. Texas lowered the minimum age at which a grandparent may qualify for supplemental financial assistance for the care of a dependent child.

 

Other Guardianship Laws

 

The District of Columbia established procedures for the appointment of legal guardians for children who have been adjudicated to be neglected and authorized the payment of permanent guardianship subsidies, subject to appropriations. Delaware and Idaho also enacted laws authorizing permanent guardianships for dependent children.

Family Support

Colorado created the Family Stabilization Services Fund for services including respite care, in-home services and reunification services. Colorado also created family resource centers in the Division of Public Health and Environment to provide integrated state and community-based services to vulnerable families, individuals and children. The Oklahoma Legislature directed the Department of Human Services to develop a comprehensive strategic plan to support guardians of children, adoptive parents and other "created families" for children in need of safe and permanent homes. Oklahoma also required the establishment of a pilot program to serve children at high risk of maltreatment, including children in families affected by substance abuse, domestic violence and mental illness. Oregon required the state to make grants to local commissions on children and families to fund research-based services and initiatives to improve outcomes for children, youth and families and to fund community-based programs for children from birth through age 8.

Foster Care

States continue to grapple with a number of difficult issues relating to foster care, including the break-up of sibling groups, high turnover rates of foster parents, training and screening of foster care providers, and shortages of placements for high-need children. California established a list of foster children's rights. Colorado required the establishment of standards for the training of foster parents and expanded the list of offenses and conditions that disqualify an individual from providing foster care services. Colorado also enacted an income tax credit for certain non-reimbursed expenses incurred by foster parents. Florida now requires an increase in comprehensive residential placement services for children with extraordinary needs. Maryland and Washington established certain rights of foster parents. Virginia required that foster parents be provided with the opportunity to participate in case planning. Oregon authorized community-based foster care demonstration projects. Washington requires the state to develop an accreditation process for providers of foster care services.

Independent Living and Related Services for Foster Youth

Several states enacted laws to increase the services available to former foster youth and foster youth who are preparing for emancipation. Arizona eliminated the income eligibility requirements regarding Medicaid coverage for former foster youth. California enacted a number of bills to increase the amount of savings that may be retained by foster children who are participating in independent living programs, to establish a foster youth training institute, to expand eligibility for transitional living services and create a Transitional Housing for Foster Youth Fund, and to create a pilot program to explore the use of an Internet-based health and education tracking system for foster youth. Idaho authorized rules allowing for continued care in a foster home, residential care facility or transitional living placement for youth age 18 to 21. Kentucky, Utah and Oregon enacted laws authorizing tuition waivers or scholarships for former foster youth. Louisiana established a system of licensed facilities to provide transitional housing to foster youth and former foster youth. Oklahoma made members of Indian tribes eligible for independent living services. Montana and Washington enacted legislation to provide independent living services to foster youth who are preparing for transition to adulthood. The Nevada Legislature urged the state to review the federal Foster Care Independence Act of 1999 and consider extending Medicaid to former foster youth. Nevada also required county recorders to collect a surcharge to be credited to an account for the benefit of those formerly in foster care. Oklahoma and Texas extended Medicaid coverage to former foster youth up to age 21. Oklahoma also authorized up to 365 days of temporary housing for youth who are eligible for independent living services.

Coordination and Collaboration

Children who live in families affected by substance abuse, domestic violence, mental illness, poverty and related issues are at increased risk for maltreatment. Coordination and collaboration among child welfare agencies, the courts and other service providers, however, continues to be a problem in many states. Georgia created the Colquitt County Family Connection Collaborative on Children and Families to address multiple issues, including school failure, teen pregnancy, child abuse and neglect, and severe economic hardship. Idaho authorized development of a coordinated family court services plan for a comprehensive response to children and families in the courts. North Carolina now requires collaboration on Indian child welfare issues among certain state agencies and the county social service directors' association. Texas passed a resolution directing the state, in conjunction with the United Way, to coordinate appropriate state agency resources with those of interested community groups in selected counties to ensure a continuum of prevention services. Washington required that services to children and families be streamlined and coordinated and also required the establishment of guidelines for improving communication among divisions, providers, the courts, families and caseworkers.

Compliance with Adoption and Safe Families Act and Regulations

States continue to refine their laws to comply with the Adoption and Safe Families Act of 1997 (ASFA) and regulations promulgated thereunder. For example, California now requires local probation departments to pursue termination of parental rights and adoption in any case in which a child adjudicated as a delinquent has been in foster care for 15 of the most recent 22 months. California also passed legislation to clarify that relative and non-relative foster care providers are to be evaluated according to the same standards. Nevada repealed legislation that allowed provisional licensure of foster homes pending completion of the full licensure process. Other states- including Arizona, Idaho, Minnesota and Texas-amended their statutes to require that certain court orders contain "contrary to the welfare" and other findings as required by recent federal regulations. Although not mandated by ASFA, a few states-Arkansas, Connecticut, Iowa and Montana-passed laws that apply the "clear and convincing" evidence standard to court findings that reasonable efforts to preserve or reunify families are not required.

Administration and Oversight

A few states passed laws that reorganize child welfare agencies, reallocate responsibility for delivery of child welfare services, or impose new oversight responsibilities on state child welfare agencies. California enacted the Child Welfare System Improvement and Accountability Act of 2001, which requires the state Department of Social Services to establish the California Child and Family Service Review System to review the performance of county child welfare agencies in achieving defined outcomes, which are to be consistent with those measured by the federal Child and Family Service Reviews. Illinois joined the growing list of states that have created an advocate or ombudsman office to handle complaints against the child welfare agency by children, parents, caseworkers and others. Illinois also created a Direct Child Welfare Service Employee License Board within the Department of Children and Family Services. The board has the authority to revoke or suspend the license of a DCFS employee who is found guilty of misfeasance. Nevada changed its bifurcated child welfare system so that all child welfare services in the largest counties are to be administered and delivered by the counties. Under the former system, child protective services in Clark (Las Vegas) and Washoe (Reno) counties were administered by the counties, and foster care services were administered by the state. The law also created a legislative committee on children, youth and families. Oregon enacted sweeping legislation that restructured the Department of Human Services into four service clusters and divided the state into 16 service delivery areas. Among the four service clusters is a Community Services Cluster that will be responsible for the field services formerly administered by separate DHS divisions. This administrative unit is intended to integrate services, including child welfare services, at the local level.

Required Reports, Recommendations and Evaluations

State legislatures required a number of reports and evaluations on various aspects of child welfare. These include a report on possible alternatives to the current foster care system in Colorado; a report on the viability of foster parents in Kentucky purchasing health insurance through the public employee health insurance group; a study of why African American children in Minnesota are disproportionately represented in child welfare out-of-home placements; recommendations on establishing a Mississippi Department of Children's Affairs; a report on the development of an alternative response system for child protective services in Tennessee; and a report on compliance by Utah's executive and judicial branches with statutory time limits applicable to the permanency process for foster children.

Appendix: Citations to 2001 Legislation

 

Children and Meth Labs

California A.B. 1614, Chap. 853

Iowa S.F. 178, Chap. 46

Oregon H.B. 3669, Chap. 575

Washington S.B. 5995, Chap. 52

Children and Domestic Violence

Arkansas H.B. 1588, Act 1707

California A.B. 102, Chap. 133

Florida H.B. 1673, Chap. 50

Montana H.B. 313, Chap. 503

Nevada S.B 87, Chap. 515

Safe Haven Laws

Arizona H.B. 2001, Chap. 223

Arkansas H.B. 1070, Chap. 236

Delaware H.B. 120, Vol. 73, Chap. 187

Florida H.B. 475, Chap. 53

Idaho S.B. 1037, Chap. 357

Illinois H.B. 632, P.A. 92-408; S.B. 216, P.A. 92-432

Indiana H.B. 1829, P.L. 217

Iowa S.F. 355, Chap. 67

Mississippi H.B. 169, Chap. 484

Montana S.B. 132, Chap. 277

Nevada S.B. 191, Chap. 276

New Jersey A.6, Chap. 58

New Mexico H.B. 251, Chap. 132

North Carolina H.B. 275, Chap. 291

North Dakota S.B. 2129, Chap. 434

Oklahoma H.B. 1122, Chap. 143

Oregon S.B. 199, Chap. 597

Rhode Island H. 5131, Chap. 13.1

South Dakota S.B. 92, Chap. 132

Tennessee S.B. 774, Chap. 388

Texas H.B. 706, Chap. 809

Utah H.B. 12, Chap. 134

Wisconsin A.B. 54, Act 2

Kinship Care

Louisiana H.B. 947, Act 857; H.B. 409, Act 410

Missouri S.B. 236

Oklahoma H.B. 1670, Chap. 434

Nevada A.B. 15, Chap. 326

New Jersey S.B. 1813, Chap. 250

Texas S.B. 297, Chap. 346

Other Guardianship Laws

District of Columbia Bill B14-17, Act A14-4

Delaware H.B. 269, Vol. 73, Chap. 150

Idaho H.B. 58, Chap. 92

Family Support

Colorado S.B. 12, Chap. 219; H.B. 1265, Chap. 101

Oklahoma H.B. 1670, Chap. 434; H.B. 1143, Chap. 356

Oregon H.B. 2330, Chap. 976

Foster Care

California A.B. 899, Chap. 683

Colorado S.B. 12, Chap. 219; H.B. 1313, Chap. 187

Florida S.B. 1214, Chap. 68

Maryland H.B. 914, Chap. 283

Oregon H.B. 2491, Chap. 189

Virginia S.B. 1350, Chap. 437

Washington H.B. 1102, Chap. 318; H.B. 1249, Chap. 265

Independent Living and Related Services for Foster Youth

Arizona S.B. 1072, Chap. 218

California A.B. 1261, Chap. 686; S.B. 841, Chap. 694; A.B. 427, Chap. 125

Idaho H.B. 60, Chap. 93

Kentucky H.B. 62, Chap. 48

Louisiana S.B. 751, Act 726

Montana S.B. 116, Chap. 311

Nevada A.C.R. 10, File No. 83; A.B. 94, Chap. 603

Oklahoma H.B. 1298, Chap. 415

Oregon H.B. 2431, Chap. 730

Texas S.B. 51, Chap. 1218

Utah H.B. 64, Chap. 279

Washington H.B. 1259, Chap. 192

Coordination and Collaboration

Georgia H.B. 855, Act 166

Idaho S.B. 1172, Chap. 338

North Carolina S.B. 715, Chap. 309

Texas H.C.R. 254

Washington S.B. 6056, Chap. 256; S.B. 5995, Chap. 52

Compliance with Adoption and Safe Families Act and Regulations

Arkansas H.B. 1766, Act 1503

Arizona S.B. 1072, Chap. 218

California S.B. 940, Chap. 830; A.B. 1695, Chap. 653

Connecticut H.B. 6652, P.A. 01-142

Idaho H.B. 185, Chap. 107

Iowa S.F. 458, Chap. 135

Minnesota S.F. 1394, Chap. 178

Montana S.B. 170, Chap. 281

Nevada A.B. 1, Chap. 1

Texas H.B. 1566, Chap. 849

Administration and Oversight

California A.B. 636, Chap. 678

Illinois H.B. 638, P.A. 92-334; S.B. 843, P.A. 92-471

Nevada A.B. 1, Chap. 1

Oregon H.B. 2294, Chap. 900

Required Reports, Recommendations and Evaluations

Colorado S.B. 211, Chap. 209

Kentucky H.B. 145, Chap. 142

Minnesota S.F. 4, Chap. 9 (Special Session)

Mississippi S.B. 2503, Chap. 599

Tennessee S.B. 871, Chap. 350

Utah H.B. 31, Chap. 32

 

STATE LEGISLATIVE REPORT is published 12 to 18 times a year. It is distributed without charge to legislative leaders, council and research directors, legislative librarians, and selected groups for each issue. For further information on STATE LEGISLATIVE REPORT or to obtain copies, contact the NCSL Book Order Department in Denver at (303) 830-2054.

© 2002 by the National Conference of State Legislatures

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