2009 Introduced State Legislation on the Identification, Notification, and Engagement of Non-Resident Fathers and Relatives in Child Welfare Programs
As of September 1, 2009
*Citations and summaries of significant legislation appear below. The legislation summaries do not encompass the entire law; click on the citation to view the statute in its entirety. Inclusion of the summaries below should not be construed to mean that such laws represent “best practice” or are in accord with federal law.
At least eight (8) states have introduced legislation in 2009 related to non-resident father notification, location, and engagement in child welfare programs. Summaries of the introduced legislation are below, including legislation from New York and Wyoming that establishes that in a family court proceeding any non-resident parent of the child shall be notified of the time and place of any hearing.
A non-resident (or non-custodial) father is a parent who does not live in the same household as his child; he may be divorced or separated from or he may have never been married to the child’s mother, according to the Department of Health and Human Services, Promoting Responsible Fatherhood1. While state efforts to locate, identify, and engage non-resident fathers in child welfare programs differ, many states are looking at the requirement of locating non-resident fathers in a set timeframe and defining "due diligence" efforts.
Summary of Introduced Legislation
| State |
Bill Number and Hyperlink |
Summary |
Sponsor |
Status |
| CA |
AB 1325 |
Requires the court to inform the parent or parents that their parental rights may be terminated. Reunification services need not be provided to a parent or guardian when the court finds, by clear and convincing evidence, that the whereabouts of the parent or guardian is unknown. A finding shall be supported by an affidavit or by proof that a reasonably diligent search has failed to locate the parent or guardian. Whenever a court orders that a hearing regarding a child shall be held, it shall direct the agency supervising the child and the licensed county adoption agency, or the State Department of Social Services, to prepare an assessment that shall include the current search efforts for an absent parent or parents. |
Assembly Members Cook and Beall |
To Governor |
| CT |
2009 Conn. Acts, HB 5421, Act 185 |
Establishes that at the temporary custody hearing regarding the placement of a child, the court shall identify any person or persons related to the child or youth by blood or marriage who might serve as licensed foster parents, certified relative caregivers or temporary custodians and order the Commissioner of Children and Families to investigate and determine, not later than thirty days after the preliminary hearing, the appropriateness of placement of the child or youth with such relative or relatives. |
Representative Orange |
Enacted |
| GA |
SB 292 |
Determines that reasonable efforts to finalize a permanency plan for a child means due diligence to: conduct a relative search; to reunify the child with the adult from which he or she was removed; to assess a non-custodial parent's ability to provide day-to-day care for the child; and, when appropriate, provide services necessary to enable the non-custodial parent to safely provide care. Defines "reasonably diligent search" as the efforts of Division of Family and Children Services (DFCS) to identify and locate a parent whose identity or location is unknown or a relative or other person who has demonstrated an ongoing commitment to a child. DFCS shall have a continuing duty to search for relatives or other persons who have demonstrated an ongoing commitment to the child and with whom it may be appropriate to place the child until such relatives or persons are found or until the child is placed for adoption, unless DFCS is excused from such search by the court. |
Senator Hamrick |
Pending |
| GA |
2009 Ga. Laws, HB 254, Act 37 |
Determines that within 30 days after the removal of a child from the custody of the parent or parents of the child, the department shall exercise due diligence to identify a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child. |
Representative Peake |
Enacted |
| MI |
HB 4169 |
Establishes that in an order placing a child in foster care, the court shall include an order that the child's parent, guardian, or custodian disclose to the Department the names, addresses, and any other identifying information of the child's relatives, if known. |
Representative Dean |
Pending |
| MN |
HB 1709 |
Companion to SB 1503. Amends the Interstate Compact for the Placement of Children to include that the responsible social services agency shall make diligent efforts to identify and locate both parents of any child who is the subject of child welfare proceedings, as well as conduct a relative search to identify and provide notice to adult relatives. Diligent efforts include (1) asking the custodial or known parent to identify any nonresident parent of the child and provide information that can be used to verify the nonresident parent's identity including: the dates and locations of marriages and divorces; dates and locations of any legal proceedings regarding paternity; date and place of the child's birth; nonresident parent's full legal name; nonresident parent's date of birth; if the nonresident parent's date of birth is unknown, an approximate age; the nonresident parent's Social Security number; the nonresident parent's whereabouts including last known whereabouts; and the whereabouts of relatives of the nonresident parent, (2) obtaining information that will identify and locate the nonresident parent from the county and state of Minnesota child support enforcement information system, (3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after the child's birth, and (4) using any other reasonable means to identify and locate the nonresident parent. Defines "nonresident parent" as a parent who does not reside in the same household as the child or did not reside in the same household as the child at the time the child was removed from foster care. |
Representative Hosch |
Pending |
| MN |
2009 Minn. Laws, SB 1503, Chap. 163 |
Companion to HB 1709. Amends the Interstate Compact for the Placement of Children to include that the responsible social services agency shall make diligent efforts to identify and locate both parents of any child who is the subject of child welfare proceedings, as well as conduct a relative search to identify and provide notice to adult relatives. Diligent efforts include (1) asking the custodial or known parent to identify any nonresident parent of the child and provide information that can be used to verify the nonresident parent's identity including: the dates and locations of marriages and divorces; dates and locations of any legal proceedings regarding paternity; date and place of the child's birth; nonresident parent's full legal name; nonresident parent's date of birth; if the nonresident parent's date of birth is unknown, an approximate age; the nonresident parent's Social Security number; the nonresident parent's whereabouts including last known whereabouts; and the whereabouts of relatives of the nonresident parent, (2) obtaining information that will identify and locate the nonresident parent from the county and state of Minnesota child support enforcement information system, (3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after the child's birth, and (4) using any other reasonable means to identify and locate the nonresident parent. Defines "nonresident parent" as a parent who does not reside in the same household as the child or did not reside in the same household as the child at the time the child was removed from in foster care. |
Senators Torres Ray, Erickson Ropes, Sheran, Berglin, and Moua |
Enacted |
| NY |
AB 8503 |
Establishes that in any proceeding in family court, any non-custodial parent of the child shall be notified of the notice of the time and place of the hearing. States that the failure of such noticed parent to appear shall not be cause for delay of the proceedings. |
Assembly Member Scarborough |
Pending |
| NY |
SB 3865 |
Requires notice to non-marital fathers in adoption, surrender, termination of parental rights and consent to adoption proceedings in family and surrogate courts. |
Senator Montgomery |
Pending |
| NY |
SB 4390 |
Requires the agency to notify any non-custodial parent or parents of their right to appear and participate in any proceeding involving their child. |
Senator Montgomery |
Pending |
| OK |
2009 Okla. Sess. Laws, HB 2028, Chap. 233 |
Determines that for any adjudication hearing, the state shall conduct a distinct and meaningful search of all reasonably available sources to locate and notify the parents and legal guardians of proceedings. If no guardian is contacted, a publication notice shall be created and directed to all persons known, alleged, presumed, or claiming to be the father, mother, or legal guardian of the child. The notice shall contain the name of the court and the case number, the initials of the child who is the subject of the proceedings, the date and location of the birth of the child, the name of the mother and father of the child, if known, the time and date of the hearing and the purpose of the hearing. A court shall award custody or guardianship to a parent, unless a non-parent proves by clear and convincing evidence that: at least twelve months prior to the proceeding the parent has willfully failed or neglected to contribute to the support of the child; or the child has been left in the physical custody of a non-parent by a parent or parents of the child for one year or more and the parent or parents have not maintained regular visitation or communication with the child. |
Representative Steele |
Enacted |
| WY |
2009 Wyo. Sess. Laws, SB 103, Chap. 196 |
Establishes that notice be served of child protective proceedings, regarding a child who is alleged to have been abused or neglected, to a non-custodial parent or putative father who has not had parental rights to the child removed by a court, and who is not alleged in the petition to have abused or neglected the child. |
Senator Ross |
Enacted |
1 National Center for Fathering. (2000, September). Involving non-Resident Father's in Children's Learning: A Fathers Matter Report. U.S. Department of Health and Human Services. Retrieved September 23 from the World Wide Web: http://fatherhood.hhs.gov/involv-non-res00/chapter2.htm
For more information, contact Kelly Crane at kelly.crane@ncsl.org
For more information and materials on father engagement in child welfare cases, visit the website for National Quality Improvement Center on Non-Resident Fathers and the Child Welfare System.
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