About Us

Legislatures & Elections

Issues & Research

State-Federal/Committees

Legislative Staff

Meetings

Bookstore

Magazine

Resources & Directories

Press Room

Issues & Research » Human Services » State Child Welfare Legislation: 2010 and 2011

Go 25247

State Child Welfare Legislation 2010 and 2011

Introduction

State legislatures, working in collaboration with state child welfare administrators and other stakeholders, craft legislation, appropriate resources, set goals and policies, and provide oversight of state systems responsible for the safety, permanency and well-being of children and families. The National Conference of State Legislatures tracks this activity through its yearly State Child Welfare Legislation reports. Click on a state to see summaries of significant child welfare-related legislation, by specific category, enacted during the 2010 and 2011 calendar years. When you click on a state, you will automatically be directed to 2010 legislation. Please scroll down the page to view 2011 enactments. If no legislation is identified, please scroll down to view the next year. If the map is not viewable, please see the chart below. Click here to view the full report in a PDF format.

If unable to see the map, refer to the chart below.

NCSL Resources

NCSL Contacts

State Child Welfare Legislation 2010 and 2011

State	Year	Citation	Category	Description
Alabama	2010	HB 617, Act 712	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Creates a kinship guardianship subsidy program to provide financial support for kinship guardians.
Alabama	2011	HB 297, Act 557	Adoption: Adoption-Related Provisions	Determines that adoption subsidy agreements and payments end when specific events occur, including when the child reaches age 18, the child’s adoption is terminated, or the child no longer is receiving support from the adoptive parents. The law further establishes that adoption subsidy payments shall continue for children between the ages of 18 and 21 who were adopted after age 16 if specific criteria are met, including that the child is enrolled or completing an education in a program; the child has a physical disability or a mental disability and is in need of continued support; or the child is incapable of participating in school, a training program or employment because of a medical condition.
Alaska	2010	HB 126, Chap. 80	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Extends placement of a child who is in foster care to age 21 if it is in the best interest of the child.
Arizona	2010	SB 1091, Chap. 161	Child Protective Services: Intake and Investigation	Requires child protective service workers to accept, screen and assess reports of abuse or neglect in residential treatment centers or in behavioral health residential agencies.
Arizona	2010	SB 1035, Chap. 267	Courts and Legal Representation: Guardians Ad Litem	Requires the guardian ad litem or attorney for a juvenile who has been abused or neglected to meet with the juvenile before the preliminary protective hearing, if possible, or within 14 days after the preliminary protective hearing. The guardian ad litem or attorney for a juvenile shall also meet with the juvenile before all substantive hearings.
Arizona	2010	HB 2419, Chap. 214	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Provides that, if a child has been removed from the home and placed in out-of-home placement, guardianship or an adoptive placement, the department that placed the child shall make reasonable efforts to place that child with siblings or to maintain frequent visitation or other ongoing contact between the child and the child's siblings.
Arizona	2010	HB 2224, Chap. 89	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Establishes certain rights for foster parents, which include the right to receive support services that assist them in caring for the child, the right to be informed of all information regarding the child that will affect the foster home and the right to contribute to the permanency plan for the child in the foster home.
Arizona	2011	SB 1188, Chap. 147	Adoption: Adoption-Related Provisions	Determines that the Division of Children, Youth and Families or an adoption agency shall place children in adoptive homes that best meet their safety, social, emotional, physical and mental health needs. The law further details other relevant factors for consideration when placing a child in an adoptive home, including placement with the child’s siblings, the wishes of a child who is age 12 or older, or the marital status and length and stability of the marital relationship of the adoptive parents. The law provides for a preference for an adoptive couple to be a married man and woman if all relevant factors are equal.
Arizona	2011	SB 1560, Chap. 253, Sec. 2	Child Protective Services: Child Protection	Establishes that it is evidence of child abandonment if an alleged parent of a child, who is not the child’s legal parent, refuses to take a paternity test requested by the Department of Health Services or ordered by the court, unless good cause is shown by the alleged parent for that failure.
Arizona	2011	SB 1560, Chap. 253, Sec. 4	Foster Care: Child Welfare Agency Responsibilities	Determines that the Department of Health Services shall require each contract awarded to foster care service providers to specify that every reasonable effort will be made to provide services outside regular school hours for any child who is placed in out-of-home care.
Arizona	2011	SB 1560, Chap. 253, Sec. 3	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Requires that, if a motion to change a foster child’s case plan or if a petition for removal of the child from their placement is filed, a copy of the motion must be provided to the child’s prospective permanent placement at least 15 days prior to a hearing on the motion.
Arkansas	2011	HB 1451, Act 607	Adoption: Adoption-Related Provisions	Changes the age for those required to consent to adoption from 10 to 12. The law further determines that residence in an adoptive home for at least six months after placement by an agency or for at least six months after the petition for adoption is filed is not required for a minor to be adopted if the minor is in the custody of the Department of Human Services.
Arkansas	2011	SB 858, Act 1235, Sec. 1	Adoption: Birth-Parent Rights	Requires that a notice of filing of an adoption petition be given to any putative father who has signed an acknowledgment of paternity or has registered with the state’s Putative Father Registry.
Arkansas	2011	SB 625, Act 591	Child Fatality/Near Fatality	Requires the Department of Human Services to place a notice on the department’s Web page within 72 hours of receipt of a report of a fatality or near fatality from the Child Abuse Hotline. The notice of a reported fatality or near fatality of a child shall state the age, race and gender of the child; the date of the child’s death or incident; allegations or preliminary cause of death or the incident; services offered or provided by the department now and in the past; and the name of the child.
Arkansas	2011	SB 626, Act 792, Sec. 1	Child Protective Services: Child Protection	Amends the definition of abuse to allow for reasonable restraint if the person exercising the restraint is acting in an official capacity while on duty at a residential child care facility or the residential child care facility is exempt from licensure under the Child Welfare Agency Licensing Act.
Arkansas	2011	SB 626, Act 792, Sec. 2	Child Protective Services: Child Protection	Provides that reasonable efforts to reunite a child with his or her parents shall not be required if the parent has registered with a sex offender registry.
Arkansas	2011	SB 733, Act 1143, Sec. 7	Child Protective Services: Child Protection	Requires the Department of Human Services to develop a plan of safe care for infants who are born affected with Fetal Alcohol Infant Spectrum Disorder.
Arkansas	2011	HB 1578, Act 6113	Child Protective Services: Intake and Investigation	Provides that notification shall not be given to a parent by a school principal if a request is made to interview a student during the course of an investigation of suspected child maltreatment and a parent, guardian, custodian or person standing in loco parentis is named as an alleged offender. The law further requires the investigator, such as a law enforcement officer or an employee of the Department of Human Services, to provide the school with documentation that notification is prohibited.
Arkansas	2011	SB 319, Act 783	Child Protective Services: Intake and Investigation	Establishes that, during the course of a child maltreatment investigation on reports of alleged sexual abuse, Child Safety Centers shall be used for forensic interviews, forensic medical examinations, and forensic mental health examinations when available and appropriate.
Arkansas	2011	SB 626, Act 792, Sec. 5	Courts and Legal Representation: Family and Juvenile Court Processes	Defines temporary custody as custody that is transferred to a person while a juvenile court case is pending and services are being provided to achieve the goal of the case plan. Permanent custody is defined as custody that is transferred to a person as a permanency disposition in a juvenile case when the court has ordered that reunification services no longer are required.
Arkansas	2011	SB 625, Act 591	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires that each child in foster care be helped to remain in his or her current school. The law further requires that those directly involved in the care, custody and education of a foster child work together to ensure continuity of educational services to that child. It also requires the Department of Human Services to exercise due diligence to identify and provide notice, within 30 days, to all adult grandparents and other adult relatives of a juvenile removed from home and transferred to the custody of the department. The legislation further requires the department to develop a transitional plan with every juvenile in foster care not later than the juvenile’s 17th birthday or, for juveniles who enter foster care at age 17 or older, within 90 days of entering a foster care program. It stipulates that the Division of Children and Family Services shall attempt to place a sibling group together while they are in foster care and in adoptive placements when it is in the best interests of each sibling.
Arkansas	2011	SB 710, Act 592	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	States that a non-Title IV-E-eligible child is eligible for a guardianship subsidy if the Department of Human Services determines that adequate funding is available for the guardianship subsidy and if, while in the custody of the department, the child resided in the home of the prospective relative guardian for at least six consecutive months after the prospective guardian’s home was opened as a foster home.
Arkansas	2011	SB 625, Act 591	Foster Care: Kinship Care	Adds juveniles’ siblings or step-siblings as minors who may be placed with a juvenile in a provisional foster home with the juvenile’s relatives. In all custodial placements by the Division of Children and Family Services in foster care or adoption, the law gives preferential consideration to an adult relative over a nonrelated caregiver if the relative caregiver meets all relevant child protection standards and it is in the best interests of the child to be placed with the relative caregiver.
Arkansas	2011	SB 625, Act 591	Foster Care: Other Provisions	States that a child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members age 18 and older, excluding children in foster care, have been checked with the Identification Bureau of the Department of Arkansas State Police and have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation.
Arkansas	2011	SB 323, Act. 985	Oversight/Administration/ Interagency Collaboration	Requires school districts to update school policies when a law regarding child abuse related to public schools is amended or is added to the Arkansas Code.
Arkansas	2011	SB 625, Act 591, Sec. 9-28-102	Oversight/Administration/ Interagency Collaboration	Clarifies the role of the Division of Children and Family Services within the Arkansas Department of Human Services, and details the powers and duties of the division.
Arkansas	2011	SB 527, Act 1236	Prevention, Treatment of Abuse and Training	Requires a school district to provide training to administrators, teachers, coaches, school counselors, school social workers, school psychologists and school nurses on the signs of child maltreatment and on the resources available to victims of child maltreatment. The law further requires the Child Abuse, Rape and Domestic Violence Commission to approve the training curriculum.
Arkansas	2011	SB 326, Act 784	Reporting Child Abuse or Neglect	Adds school counselors to the list of those who are required to report to the child abuse hotline an injury to a child’s intellectual, emotional or psychological development.
Arkansas	2011	SB 733, Act 1143, Sec. 7	Reporting Child Abuse or Neglect	Requires all health care professionals involved in the delivery or care of infants to contact the Department of Human Services and share pertinent information, including health information, regarding all infants born and affected with Fetal Alcohol Infant Spectrum Disorder. The law requires the Department of Human Services to accept referrals, calls and information from health care providers about such infants.
Arkansas	2011	SB 733, Act 1143, Sec. 8	Reporting Child Abuse or Neglect	Adds employees of the Crimes Against Children Division of the Department of Arkansas State Police to the list of mandatory reporters of child abuse.
Arkansas	2011	SB 328, Act 1128	Shaken Baby Syndrome	Requires that, prior to discharge, each woman who gives birth in a hospital or a free-standing birthing clinic shall receive educational materials describing the nature of, the dangers of and methods to prevent shaken baby syndrome. The law further requires the Department of Health to develop and disseminate educational materials to hospitals and free-standing birthing clinics in the state.
California	2010	AB 12, Chap. 559	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires the Department of Social Services to amend its foster care state plan to extend care to specified individuals up to age 21. The law requires the court to ensure that the child’s transitional case plan is reviewed periodically and includes a plan for the child to meet set criteria that would allow him or her to remain a non-minor dependent and ensures that the child has been informed of his or her right to seek the termination of dependency jurisdiction. It also extends the Adoption Assistance Program to include children under age 21 who reached age 16 before the adoption assistance agreement became effective. It also establishes a kinship guardianship assistance program to conform the state’s existing program to the federal provisions of the Fostering Connections Act.
California	2010	AB 743, Chap. 560	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires a social worker who takes a minor into custody to make reasonable efforts to place the minor and his or her siblings or half siblings together.
California	2010	AB 1758, Chap. 561	Foster Care: Other Provisions	Authorizes all counties to provide children with service alternatives to group home care through development of expanded family-based services programs, including individualized or "wraparound" services.
California	2010	SB 654, Chap. 555	Services for Older Youth	Requires that services available under the Independent Living Program be provided to former dependent children of the juvenile court.
California	2011	AB 687, Chap. 462, Sec. 6	Adoption: Adoption-Related Provisions	Authorizes a court to issue an order of adoption and cause it to apply to an earlier date if it would serve the best interests of the adoptee, such as in cases in which adoption finalization has been delayed beyond the child’s 18th birthday because of factors beyond the control of the prospective adoptive family and the proposed adoptee.
California	2011	AB 687, Chap. 462, Sec. 7	Adoption: Adoption-Related Provisions	Establishes that a foster care license or certification would not be required for placement, for up to 30 days, of a nondependent child who is relinquished for adoption to a licensed private adoption agency. This would apply in cases where the child is placed in the care of a prospective adoptive parent with an approved adoption home study that meets the criteria established by the Department of Social Services for home studies conducted within the state.
California	2011	SB 926, Chap. 132	Courts and Legal Representation: Guardians Ad Litem	Requires a court to appoint counsel for a child who is not represented by counsel in dependency proceedings. The law further authorizes counsel for the child to disclose the fact that the child is in custody to a relative who is being assessed for the possibility of placement of the child.
California	2011	AB 194, Chap. 458	Foster Care: Education of Children in Foster Care	Requires California State University and each community college district, and requests the University of California, to grant priority registration for enrollment to foster youth or former foster youth. The law further defines “foster youth” as a person who currently is in foster care and “former foster youth” as a person who is an emancipated foster youth and is up to 24 years old.
California	2011	AB 709, Chap. 463	Foster Care: Education of Children in Foster Care	Specifies that a school is required to immediately enroll a foster child even if he or she is unable to produce medical records, including, but not limited to, records or other proof of immunization history.
California	2011	SB 578, Chap. 472	Foster Care: Education of Children in Foster Care	Requires a school district and a county office of education to award a pupil in foster care full or partial credit for the coursework completed while attending another public school; a juvenile court school; or a nonpublic, nonsectarian school or agency, even if the pupil did not complete the entire course.
California	2011	AB 212, Chap. 459, Sec. 1	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Authorizes Kinship Guardianship Assistance Payment (Kin-GAP) recipients to continue to receive Kin-GAP aid after they reach age 18 if they are attending high school or vocational or technical training.
California	2011	AB 212, Chap. 459, Sec. 31	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	As part of the California Fostering Connections to Success Act, limits Aid to Families with Dependent Children-Foster Care (AFDC-FC) payments to 180 days to non-minor dependents who reenter foster care placement by signing a voluntary reentry agreement. The law further requires the Child Welfare Services Department or Probation Department to file a petition within 15 judicial days of signing the agreement to have the non-minor declared a non-minor dependent of the juvenile court in that reentry and to state that remaining in foster care is in the best interests of the non-minor.
California	2011	AB 687, Chap. 462, Sec. 7	Foster Care: Other Provisions	Establishes that a foster care license or certification would not be required for placement for up to 30 days of a nondependent child who is relinquished for adoption to a licensed private adoption agency. This would apply in cases where the child is placed in the care of a prospective adoptive parent with an approved adoption home study that meets the criteria established by the Department of Social Services for home studies conducted within the state.
California	2011	AB 212, Chap. 459, Sec. 19	Foster Care: Permanency	Requires that, when a minor who is a ward of the juvenile court is placed in out-of-home care and the court orders a hearing to consider permanently terminating parental rights to free the minor for adoption, a relative caregiver’s preference for legal guardianship over adoption must be considered.
California	2011	AB 791, Chap. 59	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Requires a juvenile court that has removed a child from the custody of a parent or guardian on the basis of abuse or neglect and has terminated or declined to order reunification services to order that the child’s caregiver receive the child’s birth certificate or, if the child is age 16 or older, that the child receive his or her birth certificate, when appropriate.
California	2011	SB 146, Chap. 381	Reporting Child Abuse or Neglect	Adds to the list of mandated reporters professional clinical counselors, clinical counselor interns, and clinical counselor trainees.
Colorado	2010	HB 1106, Chap. 278, Sec. 2	Adoption: Adoption-Related Provisions	States that an agency responsible for placing children in out-of-home care shall use good-faith efforts and due diligence to recruit and retain prospective foster and adoptive families from communities that reflect the racial, ethnic and cultural backgrounds of the children in the agency’s care.The law establishes that a court, county department or licensed child placement agency may consider the racial or ethnic background, color or national origin of the child or a family that has submitted an application to adopt.
Colorado	2010	HB 1226, Chap. 129	Child Protective Services: Intake and Investigation	Creates a Differential Response Pilot Program that authorizes five participating counties to use an alternative approach to addressing reports of alleged child abuse or neglect in cases in which an assessment determines that the safety of the child is at low or moderate risk.
Colorado	2010	SB 152, Chap. 224	Child Protective Services: Intake and Investigation	Requires a county department of social services to provide information to mandatory reporters who report suspected child abuse or neglect to the county.
Colorado	2010	HB 1359, Chap. 223	Courts and Legal Representation: Court Jurisdiction	Clarifies that, when dependency and neglect proceedings are started in a county other than that of the child’s residence, the court in which proceedings were initiated may transfer the case to the court in the county where the child resides under certain circumstances. The law requires that each county department designate a change of venue coordinator to facilitate the transfer of jurisdiction of a case between county departments.
Colorado	2010	Sess. Laws, HB 1274, Chap. 271	Foster Care: Education of Children in Foster Care	Mandates that the Departments of Human Services and Education enter into a memorandum of understanding concerning enrollment of students in the public school system from state-licensed day treatment facilities, facility schools or hospital-licensed schools.
Colorado	2010	HB 1059, Chap. 38	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Allows foster children age 15 or older to register for driver's education courses without completing an affidavit of liability.
Colorado	2010	HB 1115, Chap. 120	Funding of Child Welfare Services	Allows a county-administered department of social services to exempt families from having to pay child welfare core services fees.
Colorado	2010	SB 171, Chap. 225	Oversight/Administration/ Interagency Collaboration	Establishes a child protection ombudsman program to provide a transparent grievance process for voicing concerns regarding the child protection system.
Colorado	2010	SB 7, Chap. 148	Oversight/Administration/ Interagency Collaboration	States that family resource centers may enter into memoranda of understanding with county departments of social services to promote collaborative systems for managing the provision of services to children and families.
Colorado	2010	SB 66, Chap. 418	Reporting Child Abuse or Neglect	Clarifies that the requirement that certain persons report child abuse or neglect does not apply if a person does not learn of the suspected abuse or neglect until after the alleged victim of the suspected abuse or neglect is age 18 or older.
Colorado	2011	HB 1181, Chap. 120	Child Fatality/Near Fatality	Establishes the State Department of Human Services Child Fatality Review Team to assess records of each case in which a suspicious child fatality occurred. The review team also is to identify any gaps or deficiencies that may exist in the delivery of services to children and their families by public agencies to mitigate future child abuse, neglect or death.
Colorado	2011	HB 1079, Chap. 83	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires the court to consider the individual circumstances of each youth in out-of-home placement who is at least age 17 to determine whether the youth is ready to become independent on reaching age 18 or whether he or she should remain under the care of the county until age 21.
Colorado	2011	SB 120, Chap. 102	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Establishes certain protections for the rights of youth in foster care, except for those in the custody of the Division of Youth Corrections or a state mental hospital. These include freedom from administration of prescription medication unless authorized by a physician; promotion of school stability that presumes a youth will remain in his or her current school at the time of placement, unless remaining in that school is not in the child’s best interests; and freedom to maintain an emancipation bank account. To help protect youth against identity theft, the court shall ensure that each youth in foster care who is age 16 to 18 receives a free credit report. In addition, foster parents and group home parents must make reasonable efforts to allow a youth in their care to participate in extracurricular, cultural, educational, work-related and personal enrichment activities.
Colorado	2011	HB 1196, Chap. 160	Funding of Child Welfare Services	Requires that, in establishing the formula for capped and targeted allocations of funding to the county departments for child welfare services, the state Department of Human Services must take into account a list of statutory factors. The law adds to the list consideration of the county department’s prior fiscal year expenditures on preventive family preservation services and the number of families served. It also authorizes a county department to receive federal matching funds for expenditures that meet specified criteria. The state department may retain up to 5 percent of any of the federal matching funds received by the county department. In addition, the state will recover any federal funds that the county receives through certification of public expenditures that subsequently are found to be ineligible for federal reimbursement.
Colorado	2011	HB 1079, Chap. 83	Oversight/Administration/ Interagency Collaboration	Requires the Department of Human Services, county departments of social services and other state departments to submit to the General Assembly a yearly consolidated report on prevention, intervention and treatment services provided to homeless youth ages 18 to 21. The law further requires that the report include data from the Department of Education on the number of homeless youth enrolled in public schools in the state and the list of services that are provided to such youth.
Colorado	2011	HB 1196, Chap. 160, Sec. 3	Prevention, Treatment of Abuse and Training	Determines that a county child welfare department may provide access for families to alternative services to prevent continued involvement with the county child welfare department. The law further stipulates that, if the county child welfare department provides services to children who, without intervention, risk continued involvement with the child welfare system, the county shall include in the case plan the goals to be achieved by providing such services.
Colorado	2011	SB 34, Chap. 125	Reporting Child Abuse or Neglect	Requires an educator who provides services through the Women, Infants, and Children Program to report child abuse or neglect.
Connecticut	2010	SB 31, P.A. 160	Foster Care: Education of Children in Foster Care	Establishes that whenever a child is placed in out-of-home care by the Department of Children and Families, the child may continue to attend his or her school of origin.
Connecticut	2010	HB 5196, P.A. 57	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Requires the Department of Children and Families to obtain a free credit report for every foster child age 16 and older and review it for evidence of identity theft.
Connecticut	2011	HB 5431, P.A. 11-93, Sec. 6	Child Protective Services: Intake and Investigation	Requires that each local or regional board of education maintain records of allegations, investigations and reports that a child has been abused or neglected by a school staff person employed by the local or regional board of education.
Connecticut	2011	SB 1199, P.A. 11-240, Sec. 1	Child Protective Services: Intake and Investigation	Allows the commissioner of the Department of Children and Families to establish a program of differential response to reports of child abuse and neglect. Under the program, a report of child abuse or neglect classified as lower risk may be referred to appropriate community providers for family assessment and services without an investigation or at any time during an investigation, provided there has been an initial safety assessment of the circumstances of a family and child and criminal background checks have been performed for all adults involved in the report. The law further states that any such report may thereafter be referred for standard child protective services if safety concerns for the child become evident.
Connecticut	2011	HB 6312, P.A. 11-112	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Requires the Department of Children and Families to provide a parent or guardian with a written notice of their rights upon commencement of an investigation of a child abuse or neglect complaint. These rights include that 1) the parent or guardian is not required to permit the representative of the department to enter the residence of the parent or guardian; 2) the parent or guardian is not required to speak with the representative of the department at that time; 3) the parent or guardian is entitled to seek representation of an attorney and to have an attorney present when the parent or guardian is questioned by a representative of the department; 4) any statement made by the parent, guardian or other family member may be used against the parent or guardian in an administrative or court proceeding; 5) the representative of the department is not an attorney and cannot provide legal advice to the parent or guardian; 6) the parent or guardian is not required to sign any document presented by the representative of the department; and 7) a failure of the parent or guardian to communicate with a representative of the department may have serious consequences, which may include the department’s filing a petition for removal of the child from the home of the parent or guardian, and therefore it is in the parent’s or guardian’s best interests to either speak with the representative of the department or immediately seek the advice of a qualified attorney.
Connecticut	2011	HB 5431, P.A. 11-93, Sec. 1	Oversight/Administration/ Interagency Collaboration	Requires each applicant for a position in a public school to submit to a records check of the Department of Children and Families child abuse and neglect registry before such applicant may be hired.
Connecticut	2011	HB 6336, P.A. 11-116	Oversight/Administration/ Interagency Collaboration	Establishes that the commissioner of Children and Families shall convene a working group to determine how to maximize kinship care for children in the care and custody of the commissioner. The law provides that the working group shall examine Department of Children and Families’ practices and policies that affect kinship care, including but not limited to agency regulatory criteria, cultural competence in recruiting relative homes, outreach practices and family conferencing. The working group was to submit a report to the Select Committee on Children of the General Assembly by Jan. 1, 2012, that was to include recommendations for increasing kinship care.
Connecticut	2011	HB 5431, P.A. 11-93, Sec. 3	Prevention, Treatment of Abuse and Training	Requires the commissioner of the Department of Children and Families to develop an educational training program and refresher training program for accurate and prompt identification and reporting of child abuse and neglect that shall be provided to all new school employees. The Department of Children and Families, in consultation with the Department of Education, shall develop a model mandated reporting policy for use by local and regional boards of education. The policy shall state applicable state law regarding mandated reporting and any relevant information that may help school districts perform mandated reporting.
Connecticut	2011	HB 5431, P.A. 11-93, Sec. 4	Prevention, Treatment of Abuse and Training	Stipulates that all school employees shall be required to complete an educational training program for accurate and prompt identification and reporting of child abuse and neglect and take a refresher training course at least once every three years.
Connecticut	2011	HB 5431, P.A. 11-93, Sec. 1	Reporting Child Abuse or Neglect	Adds school employees to the list of those required to report suspected child abuse and neglect.
Connecticut	2011	HB 6226, P.A. 11-194	Reporting Child Abuse or Neglect	Establishes cross-reporting of child abuse and animal cruelty by animal control officers to the Department of Children and Families (DCF) and by DCF employees to the Department of Agriculture.
Connecticut	2011	SB 1043, P.A. 11-167	Reporting Child Abuse or Neglect	Establishes that the name of any individual who reports suspected abuse or neglect of a child or youth or cooperates with an investigation of child abuse or neglect shall be kept confidential upon request or upon determination by the Department of Children and Families that disclosure of such information may be detrimental to the safety or interests of the individual. The law further stipulates that the department shall disclose records without the consent of the person who is the subject of the record to specific individuals, including a guardian ad litem and the child advocate or attorney appointed to represent a child or youth in litigation affecting the best interests of the child or youth.
Connecticut	2011	SB 1044, P.A. 11-180, Sec. 1	Reporting Child Abuse or Neglect	Determines that a police officer who arrests any youth shall report suspected abuse or neglect to the Department of Children and Families.
Connecticut	2011	SB 1044, P.A. 11-180, Sec. 2	Termination of Parental Rights	Stipulates that, in cases in which termination of parental rights is granted, the guardian of the person shall obtain approval of the court before placing the child or youth for adoption outside the state.
Delaware	2010	SB 41, Chap. 261	Foster Care: Education of Children in Foster Care	Allows children who are leaving foster care to have access to the Student Excellence Equals Degree program (SEED) scholarships for students attending Delaware Technical and Community College. The amended law allows children leaving foster care to access the scholarships without having to meet the previous law’s requirements that they begin their higher education immediately after high school.
Delaware	2010	HB 457, Chap. 323	Prevention, Treatment of Abuse and Training	Provides additional training for the medical community and law enforcement personnel on prevention of child sexual and physical abuse and mandatory reporting obligations.
Delaware	2010	SB 113, Chap. 385	Services for Older Youth	Creates a procedure by which youth exiting foster care who are provided services under the John H. Chafee Foster Care Independence Act and/or the Fostering Connections to Success and Increasing Adoptions Act of 2008 have a legal mechanism for Family Court to review the appropriateness of such services. The law specifically limits findings on the reasonableness of the services to be offered and coordinated by the Department of Services for Children, Youth and Their Families, including financial, housing, medical, employment, training, educational and other appropriate services, to the appropriations made to or by the state for this purpose. It also allows ongoing representation of youth by the Office of the Child Advocate or the Court-Appointed Special Advocate program.
District of Columbia	2010	B 537, Chap. 114	Adoption: Adoption-Related Provisions	Regulates the placement of children in family foster homes and requires child-placing agencies to determine adoption fees by developing a sliding-scale fee based on the income of the applicant.
District of Columbia	2010	B 547, Chap. 230	Adoption: Adoption-Related Provisions	Establishes a sliding-scale fee for adoptions, repeals the prohibition against relinquishment of parental rights within 72 hours of a child’s birth, and exempts a prospective adoptee who is age 18 or older from a certain 6-month waiting period.
District of Columbia	2010	B 180k, Chap. 158	Adoption: Birth-Parent Rights	Establishes that when a child has been surrendered pursuant to the Newborn Safe Haven Emergency Act of 2010, the court may grant a petition for adoption without the consent of the birth parents.
District of Columbia	2010	B 1027, Chap. 582	Child Fatality/Near Fatality	Allows confidential child abuse or neglect information to be released or divulged to representatives of the Child Fatality Review Committee for purposes of investigation or review of child fatalities.
District of Columbia	2010	B 667, Chap. 228	Child Protective Services: Intake and Investigation	Allows a family assement in lieu of an investigation in response to certain reports of abuse and neglect.
District of Columbia	2010	B 1027, Chap. 582	Child Protective Services: Records	Clarifies that identifying information shall be considered confidential and may be released or divulged only for purposes related to determining abuse or neglect and service needs or resources.
District of Columbia	2010	2010 D.C. Stat., Chap. 18-0579	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Creates additional case plan requirements, including ensuring the educational stability of the child, for any child in foster care whose permanency plan is placement with a relative guardian and receipt of kinship guardianship assistance.
District of Columbia	2010	B 1033, Chap. 586	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Creates additional case plan requirements, including a plan for ensuring the educational stability of the child, for any child in foster care whose permanency plan is placement with a relative guardian and receipt of kinship guardianship assistance. The law further requires that the child remain in the school in which he or she was enrolled at the time of placement.
District of Columbia	2010	B 547, Chap. 230, Sec. 501	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	States that the court shall have jurisdiction to enter a guardianship order and shall retain jurisdiction to enforce, modify or terminate a guardianship order until a child reaches age 21, provided that, when the child reaches age 18, he or she consents and the court finds it is in the best interests of the child. The law establishes that a child who exits foster care to guardianship may not reenter foster care after age 18.
District of Columbia	2010	B 760, Chap. 208	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Extends the adoption subsidy for a child from age 18 to age 21, extends the guardianship subsidy for a child from age 18 to age 21, and clarifies that a child who exits foster care to a guardianship or an adoption may not reenter foster care.
District of Columbia	2010	B 449, Chap. 162	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Provides the director of the Child and Family Services Agency with the authority to request a file disclosure report on behalf of a ward of the agency to determine whether identity theft may have occurred, and to authorize the agency to refer a ward to an approved organization that provides credit counseling services to victims of identity theft.
District of Columbia	2010	B 547, Chap. 230, Sec. 301	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Establishes the Voluntary Foster Care Registry as a post-care service for individuals age 18 or older who were or currently are respondents in a child abuse or neglect case and for their immediate birth family members. The registry is for those who seek to reconnect with their immediate birth family members and includes personal information to aid in the endeavor.
District of Columbia	2010	B 632, Chap. 321	Infant Abandonment/Safe Surrender	Allows a parent to surrender a newborn infant to an authorized receiving facility without being charged with abuse, neglect or abandonment of the newborn infant, provided that there is no actual or suspected abuse or neglect.
Florida	2010	HB 5305, Chap. 158, Sec. 2	Foster Care: Child Welfare Agency Responsibilities	Authorizes child welfare agencies to identify and adopt changes to improve the efficiency of the administrative monitoring of child welfare services.
Florida	2010	HB 5305, Chap. 158, Sec. 8	Foster Care: Child Welfare Agency Responsibilities	Determines that the Department of Children and Family Services may provide family-centered, cognitive-behavioral interventions designed to mitigate out-of-home placements.
Florida	2010	HB 5305, Chap. 158, Sec. 2	Oversight/Administration/ Interagency Collaboration	Authorizes child welfare agencies to identify and adopt changes to improve the efficiency of the administrative monitoring of child welfare services.
Georgia	2010	HB 1085, Act 469	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Includes provisions for ensuring the educational stability of the child while in foster care, such as an assurance that the state agency has coordinated with appropriate local educational agencies to keep the child in the school in which he or she is enrolled at the time of placement. The law requires that siblings removed from their home shall be placed in the same placement. It also establishes that the Division of Family and Children Services of the Department of Human Services shall provide the child with assistance and support in developing, in the 90-day period immediately prior to the date on which the child will reach age 18, a transition plan that is personalized at the direction of the child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services; and is as detailed as the child may elect.
Georgia	2011	HB 314, Chap. 65	Foster Care: Education of Children in Foster Care	Defines "foster care student" as one who is in a foster home or otherwise in the foster care system under the Division of Family and Children Services. The law further states that a foster care student who attends court proceedings related to the student’s foster care status or placement shall be credited as present by the school and shall not be counted as absent for any day, portion of a day or days missed from school.
Guam	2011	2011 Guam Public Law 31-102	Child Protective Services: Child Protection	Prohibits smoking in a motor vehicle when a child is present. Any person who violates this provision shall be punished by fines, and three or more violations may be used as a basis for or evidence of child abuse or neglect.
Guam	2011	2011 Guam Public Law 31-7	Child Protective Services: Child Protection	Revises the statute of limitations for civil actions for past child sexual abuse for a two-year period, during which time victims of child sexual abuse will be permitted to file claims for past child sexual abuse.
Guam	2011	2011 Guam Public Law 33-31	Child Protective Services: Child Protection	Abolishes the statute of limitation for prosecution of a sex crime involving a victim who is under the age of majority.
Guam	2011	Public Law 31-97	Prevention, Treatment of Abuse and Training	Creates a task force on prevention of sexual abuse of children. The task force is to include representatives from the courts; the departments of public health and social services, mental health and substance abuse, education, and law enforcement; the attorney general’s office; and others. The task force is to gather information about child sexual abuse throughout Guam, make recommendations and create goals for local policy to prevent child sexual abuse, and submit a report on its recommendations to the legislature. The recommendations may include proposals for specific statutory changes and methods to foster cooperation among Government of Guam agencies, community-based organizations, and other public and private organizations. The task force may recommend policies such as providing an age-appropriate curriculum for students in prekindergarten through fifth grade; offering training for school personnel on child sexual abuse; providing educational information for parents or guardians on the warning signs of child abuse; and providing any needed assistance or referral, counseling and resources to students affected by sexual abuse and educational and emotional support to child victims of abuse to allow them to be successful in school.
Hawaii	2010	SB 2716, Act 135	Foster Care: Other Provisions	Conforms existing child welfare statutes to federal Title IV-E State Plan requirements related to federally mandated timelines, hearings and case plan requirements for child protective proceedings.
Hawaii	2011	SB 1291, Act 51, Sec. 5	Courts and Legal Representation: Family and Juvenile Court Processes	Amends the periodic review hearing. The law requires the court to conduct periodic review hearings at intervals of no longer than six months until the court’s jurisdiction is terminated, unless the child is in the permanent custody of the department or an authorized agency. It provides that the child be placed in foster custody if the court finds that the child’s remaining in the family home is contrary to the welfare of the child and the child’s parents are not willing and able to provide a safe family home for the child, even with assistance of a service plan. The law requires that the child be placed in family supervision if the court finds that the child’s parents are willing and able to provide the child with a safe family home with the assistance of a service plan and that jurisdiction be terminated if the court finds that the child’s parents are willing and able to provide the child with a safe family home without the assistance of a service plan.
Hawaii	2011	SB 1291, Act 51, Sec. 4	Termination of Parental Rights	Clarifies that, even if there is a finding of “aggravated circumstances,” the Department of Human Services is not required to file a motion to terminate parental rights if there are “compelling reasons” why such a motion would not be in the best interests of the child.
Idaho	2010	SB 1312, Chap. 216	Child Protective Services: Child Protection	States that the Department of Health and Welfare need not make reasonable efforts to prevent the placement of a child into foster care where a parent has inflicted a great bodily injury on a child.
Idaho	2010	HB 653, Chap. 284	Courts and Legal Representation: Guardians ad Litem	Stipulates that the guardian ad litem shall advocate for the best interests of a child, shall inquire of any child capable of expressing his or her wishes regarding permanency and the transition from foster care to independent living and shall include the child's express wishes in a post-adjudicatory report to the court.
Idaho	2010	HB 610, Chap. 147, Sec. 3	Foster Care: Kinship Care	Stipulates that, when the Department of Health and Welfare is considering a placement for a child in foster care, it must consider placement priority for the child. Placement priority shall include a fit and willing relative, a fit and willing non-relative who has a significant relationship with the child, and licensed foster parents.
Idaho	2010	HB 610, Chap. 147, Sec. 4	Foster Care: Kinship Care	Defines “relative” as a child’s grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, first cousin, sibling and half-sibling.
Illinois	2010	HB 6080, P.A. 1461	Adoption: Birth-Parent Rights	Amends the Adoption Act to make changes in the form of a birth parent's final and irrevocable consent to adoption, and amends provisions concerning a birth parent's rights and responsibilities.
Illinois	2010	HB 5428, P.A. 895	Adoption: Confidential Adoption Information/Post- Adoption Contact	Allows the release of a noncertified copy of an original birth certificate to an adult adopted person upon request.
Illinois	2010	HB 6080, P.A. 1461, Sec. 18.05	Adoption: Confidential Adoption Information/Post- Adoption Contact	Requires development of a year-long, nationwide campaign to inform the public about the conditions under which an adopted or surrendered adult may receive a noncertified copy of his or her original birth certificate. The law sets procedures by which a birth parent may express his or her wishes with respect to contact with a surrendered son or daughter and the release of identifying information.
Illinois	2010	SB 2622, P.A. 1164	Child Protective Services: Records	Establishes that the Department of Children and Family Services shall maintain all unfounded reports, with some exceptions, for 12 months following the date of a final finding. The law provides that unfounded reports may be made available only to the subject of the report, provided the department has not expunged the file in accordance with certain provisions of the act.
Illinois	2010	HB 4825, P.A. 1375, Secs. 2-28	Courts and Legal Representation: Family and Juvenile Court Processes	Stipulates that the tasks required by the court of a parent, guardian, legal custodian or child in a service plan must relate to remedying the condition that gave rise to the finding of child abuse or neglect and the removal of the child from his or her home.
Illinois	2010	SB 3420, P.A. 1127	Funding of Child Welfare Services	Allows funds paid to the state by the federal government under Titles XIX and Title XXI of the Social Security Act to be appropriated to the child welfare agency.
Illinois	2010	HB 5459, P.A. 1114	Infant Abandonment/Safe Surrender	Amends the Abandoned Newborn Infant Protection Act and establishes that information be provided to the relinquishing parent, including brochures that describe the act and the rights of birth parents, the Illinois Adoption Registry and postpartum health information for the mother.
Illinois	2010	HB 4825, P.A. 1375, Sec. 2-34	Termination of Parental Rights	Determines that a motion to reinstate parental rights may be filed only by the Department of Children and Family Services regarding any minor who is presently a ward of the court and for whom, while placed in private guardianship or adopted, a new petition alleging abuse, neglect or dependency is filed and then found by the court to be substantiated.
Illinois	2011	HB 1699, P.A. 493, Sec. 5	Adoption: Birth-Parent Rights	Requires that a petition to adopt a child is to include the names of the parents, unless the parent is a putative father or legal father of a child who has signed a waiver of parental rights. The waiver would allow a putative father to waive his rights without admitting or denying paternity or having to consent in court, thereby easing the adoption process.
Illinois	2011	HB 1699, P.A. 493, Sec. 9	Adoption: Birth-Parent Rights	Specifies that a final and irrevocable waiver of parental rights may be signed by a putative father or legal father of the child at any time prior to or after the birth of the child.
Illinois	2011	HB 1255, P.A. 110	Adoption: Confidential Adoption Information/Post-Adoption Contact	Provides that, if a new birth certificate is issued subsequent to an adoption, the original certificate is not subject to inspection until the adoptee has reached age 21.
Illinois	2011	HB 286, P.A. 245	Foster Care: Physical and Mental Health	Creates the Administration of Psychotropic Medications to Children Act. The law requires the Department of Children and Family Services to promulgate rules establishing and maintaining standards and procedures to govern the administration of psychotropic medications to children and youth in state care. Such rules shall include administration to youth in correctional facilities, residential facilities, group homes and psychiatric hospitals.
Illinois	2011	HB 1255, P.A. 110	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Stipulates that birth parents whose birth child was born on or after Jan. 1, 1946, may communicate their wishes regarding contact or may prohibit release of identifying information on the non-certified copy of the original birth certificate by filing a Birth Parent Preference Form. Birth parents whose birth child was born before Jan. 1, 1946, may communicate their wishes regarding contact by completing a Birth Parent Preference Form but may not prohibit release of identifying information.
Illinois	2011	HB 5459, P.A. 1114	Infant Abandonment/Safe Surrender	Amends the Abandoned Newborn Infant Protection Act and establishes that information be provided to the relinquishing parent.
Illinois	2011	HB 2093, P.A. 254	Reporting Child Abuse or Neglect	Extends the list of those required to report suspected child abuse or neglect to the Department of Children and Family Services to include any physician, physician’s assistant, registered nurse, licensed practical nurse, medical technician, nursing assistant, social worker and licensed professional counselor of any office, clinic or any other physical location that provides abortions, abortion referrals or contraceptives.
Illinois	2011	SB 106, P.A. 387	Reporting Child Abuse or Neglect	Determines that privileged communications between any professional required to report a case of child abuse or neglect and his or her patient or client shall not constitute grounds for failure to share information or documents with the Department of Children and Family Services during the course of a child abuse or neglect investigation.
Illinois	2011	SB 1950, P.A. 189	Reporting Child Abuse or Neglect	Increases the criminal penalty to a felony for those who knowingly transmit a false report of child abuse or neglect to the Department of Children and Family Services.
Indiana	2010	SB 140, P.L. 21	Adoption: Adoption-Related Provisions	Bars people from adopting if they have been convicted of an attempt or conspiracy to commit certain felonies, and clarifies the state's rules for when and where a man can file a paternity action to contest an adoption.
Indiana	2011	HB 1201, P.L. 191	Adoption: Birth-Parent Rights	Establishes that the individual or agency that arranges for the signing of a consent to adoption shall notify each birth parent that identifying information may be released unless the birth parent files a non-release form with the state registrar. The law requires the Department of Child Services, a county office of family and children, a child-placing agency, a professional health care provider, an attorney or a court to send a copy of a consent or modification of a consent for the release of identifying information to the state registrar only if the information is requested by an adult adoptee, a birth parent, an adoptive parent, or the spouse or relative of a deceased adoptee or birth parent. The law further outlines steps to be taken by an adoptee to request information concerning pre-adoptive siblings.
Iowa	2010	SB 2200, Chap. 1143	Courts and Legal Representation: Court Jurisdiction	Determines that a court may close a Child in Need of Assistance case by transferring jurisdiction over the child's guardianship to the probate court.
Iowa	2010	SF 101, Chap. 7	Shaken Baby Syndrome	Establishes a statewide shaken baby syndrome prevention program.
Iowa	2011	HB 562, Chap. 28, Sec. 2	Child Protective Services: Child Protection	Related to the child abuse registry administered by the Department of Human Services, establishes that the terms “child abuse” or “abuse” shall not be construed to hold victims responsible for failing to prevent crimes against the victim.
Iowa	2011	HB 562, Chap. 28, Sec. 3	Child Protective Services: Child Protection	Determines the criteria for when child abuse information should not be placed in the child abuse registry administered by the Department of Human Services to include when a finding of physical abuse in which the injury resulting from the abuse was minor, isolated and unlikely to reoccur.
Iowa	2011	HB 562, Chap. 28, Sec. 7	Oversight/Administration/ Interagency Collaboration	Requires the Department of Human Services to continue working with the Office of the Attorney General, the Department of Inspections and Appeals, the Office of the Citizens’ Aide, Prevent Child Abuse Iowa, the Iowa Civil Liberties Union, and other stakeholders to develop and implement improvements in the child abuse assessment and registry processes to ensure that the due process rights of those alleged to have committed child abuse are addressed in a more timely manner, while also ensuring that children are protected from abuse.
Kansas	2011	HB 2105, Chap. 26	Courts and Legal Representation: Family and Juvenile Court Processes	Prohibits a court from ordering that a child be removed from the parent’s custody solely because the parent is homeless. Homelessness does not make the parent unable to care for the child.
Kentucky	2010	HB 231, Chap. 7	Foster Care: Physical and Mental Health	Requires the Cabinet for Health and Family Services to investigate the need for specialty residential treatment facilities for children with mental health disorders, and requires formal written inter-sector agreements between residential facilities and agencies that treat, educate or serve the children.
Kentucky	2010	HB 285, Chap. 171	Shaken Baby Syndrome	Requires that foster parents, health care workers, child protection officials, day care employees and others who work with children be trained to recognize and prevent pediatric abusive head trauma; encourages Kentucky high schools to include a segment during a student’s final year of study on prevention of pediatric abusive head trauma.
Louisiana	2010	HB 1146, Act 738	Adoption: Adoption-Related Provisions	Provides a procedure for opposing an intra-family adoption; provides for the appointment of counsel for the child and a due process determination for the parent regarding the appointment of counsel; and provides notice to all parties.
Louisiana	2010	HB 319, Act 190	Adoption: Adoption-Related Provisions	Expands intra-family adoptions to include a step-parent, step-grandparent, great-grandparent, grandparent or collaterals within the 12th degree if the person is related by blood, is older than age 18 and has had legal or physical custody of the child for at least six months before the petition for adoption.
Louisiana	2010	HB 397, Act 192	Adoption: Adoption-Related Provisions	Requires all prospective adoptive parents to provide fingerprints for a federal and state criminal records check.
Louisiana	2010	HB 651, Act 266	Adoption: Confidential Adoption Information/Post- Adoption Contact	Amends the Children’s Code regarding the voluntary surrender of a child to ensure that the parent has been informed of the provisions of the voluntary registration law.
Louisiana	2010	SB 57, Act 867	Foster Care: Kinship Care	Creates the Council on the Status of Grandparents Raising Grandchildren to serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to grandparents raising grandchildren in the state.
Louisiana	2010	HB 504, Act 471	Infant Abandonment/Safe Surrender	Requires that instructions on safe-haven infant relinquishments be given to employees who work in safe-haven facilities, and specifies additional procedures for making information and training about safe havens available to the public.
Louisiana	2010	SB 644, Act 893	Interstate Compact on the Placement of Children	Authorizes the state to enter into the Interstate Compact on the Placement of Children.
Louisiana	2010	SB 257, Act 877	Oversight/Administration/ Interagency Collaboration	Reorganizes and renames the Department of Social Services to the Department of Children and Family Services.
Louisiana	2010	SB 467, Act 76	Prevention, Treatment of Abuse and Training	Determines that any employee who has graduated from a Council on Social Work Education-accredited program shall be deemed to have met the 32-hour training requirement for child protection and foster care workers and may begin exercising responsibility for cases under agency supervision.
Louisiana	2010	SB 196, Act 64	Services for Older Youth	Expands the definition of child-placing agency, defines "youth" and requires that any organization or person engaged in placing youth in transitional placing programs be licensed as a child-placing facility.
Louisiana	2011	HB 465, Chap. 189	Child Protective Services: Intake and Investigation	Requires that preliminary investigations of abuse and neglect must include an immediate assessment of visitation orders, custody orders or agreements involving an alleged perpetrator and the child. The law further requires the Department of Children and Family Services to request a temporary restraining order if it determines that any previously ordered visitation or custody would put the child’s health and safety at risk.
Louisiana	2011	SB 32, Chap. 128	Foster Care: Permanency	Requires that the case plan for foster children whose permanent plan is guardianship contain the facts and circumstances supporting guardianship, including the reasons the plan is in the best interests of the child and that reunification with a parent and adoption are not appropriate permanent plans. The documentation also is to address the suitability and commitment of the proposed guardian to offer a stable home for the child. The law further outlines the purpose of guardianship, which is to provide a permanent placement for children when neither reunification with a parent nor adoption has been found to be in their best interests; to encourage stability and permanence in the lives of children who have been adjudicated to be in need of care and have been removed from the custody of their parent; and to increase the opportunities for the prompt permanent placement of children, especially with relatives, without ongoing supervision by the department.
Maine	2010	SB 609, Chap. 558	Child Protective Services: Intake and Investigation	Requires determination in each case of alleged child abuse investigated by the Department of Human Services whether a child has been harmed and the degree of harm or threatened harm by a person responsible for the care of that child. States that the department shall adopt rules that define "unsubstantiated," "indicated" and "substantiated" findings and that specify an individual's rights to appeal the department's findings.
Maine	2010	HP 1151, LD 1623, Chap. 557, Sec. 1	Courts and Legal Representation: Family and Juvenile Court Processes	Expands the options in child protection proceedings to consider the wishes of the child in a manner appropriate to the age of the child, including whether the child wishes to participate or be heard in court. In addition, when a child's expressed views are inconsistent with those of the guardian ad litem, the court shall consider whether to consult with the child directly, when the child's age is appropriate.
Maine	2010	SB 588, Chap. 508	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Stipulates that a student placed by the Department of Health and Human Services with an adult who is not the child’s parents or legal guardian is considered a resident of either the school where the student resides during the placement or where the student resided prior to the placement.
Maine	2010	HP 1151, LD 1623, Chap. 557, Sec. 2	Foster Care: Permanency	Determines that the permanency plan for a child in foster care must ensure that all instate and out-of-state placements are considered to provide the child with all possible permanency options.
Maine	2010	HB 1204, Chap. 204	Oversight/Administration/ Interagency Collaboration	Requires the departments of Corrections, Education, Health and Human Services and Labor to develop a jointly agreed-upon statewide, coordinated services district system to coordinate and implement service delivery initiatives to increase high school graduation rates, reduce the number of youth in the juvenile justice system, reduce child abuse and neglect, and increase employment opportunities for youth.
Maine	2011	SP 352, Chap. 402, Sec. 15	Adoption: Adoption-Related Provisions	Determines that a court shall hold a hearing before granting a petition for adoption from permanency guardianship. The law further establishes the rights of the adoptee to include that an adoptee has the same rights as a child born to the adoptive parent. An adoptee also retains the right to inherit from the adoptee’s biological parents if the adoption order so provides.
Maine	2011	SB 411, Chap. 187	Foster Care: Child Welfare Agency Responsibilities	Requires the Department of Health and Human Services to issue a license to a family foster home, whether the family provides a foster child with foster care, kinship care, adoption or permanency guardianship, as long as the family meets the requirements and standards for adoption of children in foster care.
Maine	2011	SP 352, Chap. 402, Sec. 1	Foster Care: Child Welfare Agency Responsibilities	Adds to the Child and Family Services and Child Protection Act the definition of “resource family” as a person or persons who provide care to a child in the child welfare system and who are foster parents, permanency guardians, adoptive parents or members of the child’s extended birth family.
Maine	2011	SP 352, Chap. 402, Sec. 6	Foster Care: Child Welfare Agency Responsibilities	Requires the Department of Health and Human Services to issue a resource family license, in accordance with standards adopted by the department, to a resource family that meets the requirements and standards for permanency guardianship of children in foster care.
Maine	2011	SP 352, Chap. 402, Sec. 4	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires that the Department of Health and Human Services, within 30 days of the removal of a child from the custody of the child’s parents, exercise due diligence to identify and provide notice to all grandparents and other adult relatives of the child, except in cases of family or domestic violence.
Maine	2011	SP 352, Chap. 402, Sec. 5	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Establishes extended care for youth ages 18 to 20, as long as the individual reached age 18 while in the care and custody of the state; is enrolled in secondary, postsecondary or vocational school; is participating in a program that promotes employment or removes barriers to employment; is employed at least 80 hours per month; or has special circumstances that exempt him or her from these requirements. The law further states that anyone receiving extended care and support may terminate the agreement without approval by the court and requires that the Department of Health and Human Services notify the court of the termination of extended care and support within 30 days of the termination.
Maine	2011	SP 352, Chap. 402, Sec. 16	Termination of Parental Rights	Stipulates that the Department of Health and Human Services may petition the district court to reinstate the parental rights of a parent whose parental rights have been previously terminated by an order of the district court. The petition for reinstatement of parental rights must be accompanied by a permanency plan that provides for the health and safety of the child. The law requires the court to hold a hearing prior to reinstatement of parental rights and gives the department the burden of proof. It allows the court to grant reinstatement of parental rights if the court finds, by clear and convincing evidence, that the child has been in the department’s custody for at least 12 months and has lived with the parent for at least three months after the petition for reinstatement has been filed; that the parent consents to reinstatement of parental rights; that the child, if he or she is age 12 or older, consents to parental rights; and that reinstatement is in the child’s best interests. It also requires the court to consider the child’s age and maturity, the child’s ability to express a preference, the ability of the parent to meet the child’s physical and emotional needs, and the extent to which the parent has remedied the circumstances that resulted in termination of parental rights.
Maryland	2010	SB 948, Chap. 637	Child Fatality/Near Fatality	Requires a director of a local department of social services or the secretary of Human Resources to disclose information, on request, concerning child abuse and neglect that resulted in a child suffering a fatality or a near fatality.
Maryland	2010	HB 161, Chap. 655	Courts and Legal Representation: Family and Juvenile Court Processes	Requires the juvenile court, in guardianship review hearings, to consult on the record with the child in an age-appropriate manner at least every 12 months.
Maryland	2010	HB 1330, Chap. 630	Foster Care: Child Welfare Agency Responsibilities	Requires the disclosure of a report or record concerning child abuse or neglect to the Division of Parole and Probation if the local department of social services has reason to believe that an individual who lives in or has a regular presence in a child’s home is a registered child sex offender.
Maryland	2010	SB 559, Chap. 185	Reporting Child Abuse or Neglect	Authorizes an individual to notify a local department of social services or law enforcement agency if he or she believes that a child lives with or is in the regular presence of a person, other than the child’s parent or guardian, who is a registered child sexual offender and poses a substantial risk of sexual abuse to the child.
Maryland	2011	HB 255, Chap. 326	Foster Care: Child Welfare Agency Responsibilities	Adds to the definition of search, contact and reunion services to include contacting adopted siblings of a minor in out-of-home placement to develop a placement resource or facilitate a family connection. The law further authorizes a director of a local department of social services acting on behalf of a minor in out-of-home placement to apply for search, contact and reunion services.
Michigan	2010	HB 4118, Act 265	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Stipulates that upon a child's removal from their home and placement into foster care, the supervising agency shall identify, locate, notify and consult with relatives to determine placement with a fit and appropriate relative who would meet the child's developmental, emotional and physical needs.
Michigan	2010	HB 4535, Act 7	Termination of Parental Rights	States that, if a child remains in foster care in the temporary custody of the court following a review hearing or a permanency planning hearing, or if a child remains in the custody of a guardian or limited guardian, the court shall hold a hearing to determine if the parental rights to the child should be terminated. The law establishes that, before a hearing to determine if the parental rights to a child should be terminated, written notice of the hearing shall be served upon the agency, the child’s foster parents, the child’s biological parents and others.
Michigan	2010	HB 4820, Act 12	Termination of Parental Rights	Allows the state to take action for termination of parental rights following determination of certain acts of abuse by a parent or other adult resident of the child's home.
Michigan	2011	HB 4381, Act 32	Adoption: Adoption-Related Provisions	Adds a designee of an authorized representative of the Department of Human Services to the list of those permitted to consent to the adoption of a child, in case the representative is not available.
Michigan	2011	HB 4385, Act 67	Child Fatality/Near Fatality	Provides that, if a child who is a ward of the court dies, notification shall be provided to the court, the state senator and state representative who represent the district in which that court is located, and the children’s ombudsman. The ombudsman shall be notified when a child dies during a child protective services investigation, when a child dies who was the subject of a child protective services complaint, or if a child’s death may have resulted from abuse or neglect.
Michigan	2011	HB 4387, Act 68	Child Fatality/Near Fatality	Requires child fatality review teams to include a representative of a local court. The law further requires the review of each child fatality that involves allegations of child abuse or neglect for each child who, at the time of death or within the 12 months preceding the death, was under the court’s jurisdiction.
Michigan	2011	SB 226, Act 69	Child Fatality/Near Fatality	Requires the Department of Human Services to establish and maintain a central registry of statistical information regarding children’s deaths that is accessible to the public. The registry cannot disclose any identifying information and can include only information such as the number of children who died while under court jurisdiction for child abuse or neglect, regardless of placement setting; the total number of children who died as a result of child abuse or neglect after a parent had one or more child protective services complaints within the two years preceding the child’s death; the category dispositions of those complaints; the total number of children who died under the above conditions in the preceding year; and the child protective services disposition of each child fatality.
Michigan	2011	SB 228, Act 70	Child Fatality/Near Fatality	Expands the availability of child maltreatment-related written reports, documents or photographs filed with the Department of Human Services. The law makes this information confidential and available only to certain government agencies, law enforcement officials and other specified entities. It also makes the information available to a court that has jurisdiction over a child whose death is due to suspected abuse or neglect.
Michigan	2011	SB 436, Act 226	Courts and Legal Representation: Court Jurisdiction	States that, if a court has exercised jurisdiction over a juvenile in the custody of the Department of Human Services, the jurisdiction shall continue for two years beyond the maximum age of jurisdiction (21), unless the juvenile is released sooner by court order. If the department files a report with the court, the court shall determine, within 21 days of the filing of the report, whether it is in the youth’s best interests to continue in voluntary foster care. A hearing is not required, but may be held on the court’s own motion or at the request of the youth or the department. If the court finds that the voluntary foster care agreement is in the youth’s best interests, the court shall issue an order containing individualized findings to support its determinations and close the case in accordance with the Young Adult Voluntary Foster Care Act. Findings shall be based on the department’s written report and other materials and information submitted to the court.
Michigan	2011	HB 4526, Act 63, Sec. 536	Foster Care: Child Welfare Agency Responsibilities	Directs the Department of Human Services to place all children within their own county or within a 75-mile radius of the home from which the child entered custody, whichever is greater, unless one or more of the following applies: a) the child’s needs are so exceptional that they cannot be met by a family or facility within the county or within a 75-mile radius; b) the child needs re-placement, and the child’s permanency goal is to be returned to his or her parents who, at the time, reside out of the county or outside the 75-mile radius; c) the child is to be placed with a relative out of the county or outside the 75-mile radius; or d) the child is to be placed in an appropriate pre-adoptive or adoptive home that is out of the county or outside the 75-mile radius. If placement outside the county or 75-mile radius is made, either of the following must apply: a) in a “designated county,” as defined in the Children’s Rights settlement agreement, the county administrator of Children’s Services must specifically be required to certify the circumstances supporting the placement in writing, based on his or her own examination of the circumstances and the child’s needs and best interests; or b) in any other county, the Children’s Services field manager must specifically be required to certify the circumstances supporting the placement in writing, based on his or her own examination of the circumstances and on the child’s needs and best interests.
Michigan	2011	HB 4526, Act 63, Sec. 539	Foster Care: Child Welfare Agency Responsibilities	Instructs the Department of Human Services to work in collaboration with representatives from child-placing agencies to ensure the appropriate placement for children who have been adjudicated abused, neglected or delinquent and for whom residential treatment is required. The department and the representatives from the child-placing agencies shall focus on statewide placement criteria to address the best interests of the child in need of services. The placement criteria shall include a continuum of care settings and options as appropriate for each child, including home placements, relative placements, shelter placements and other options.
Michigan	2011	SB 440, Act 230	Foster Care: Child Welfare Agency Responsibilities	Requires that foster care financed by a county department be provided through use of licensed child care institutions or placement agencies, in accordance with the needs of the child. If licensed child care institutions or placement agencies are not available or there is a religious conflict, foster care shall be provided under the direct supervision of the county department. The law requires that such care meet standards related to training and experience; maintenance of adequate records and information on children; selection of family foster homes with consideration of the child’s religious, racial and cultural background; and monthly visitation requirements.
Michigan	2011	SB 435, Act 225	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Establishes the Young Adult Voluntary Foster Care Act for youth who are at least age 18 and who choose to remain under state care up to age 21. The law provides extended foster care services if the youth is completing secondary education or is in a program leading to an equivalent credential, is enrolled in an institution that provides postsecondary or vocational education, is participating in a program or activity designed to promote employment or remove barriers to employment, is employed for at least 80 hours per month, or is incapable of doing any activities because of a medical condition. It allows a youth who exited foster care after reaching age 18, but before reaching age 21, to reenter foster care and receive extended foster care services. It also allows the Department of Human Services to provide extended guardianship assistance to youth who are at least age 18, but younger than age 21, if the youth began receiving guardianship assistance at age 16 or older.
Michigan	2011	SB 440, Act 230, Sec. 115j	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Allows extension of adoption support subsidy agreements for children adopted on or after their 16^th birthday who meet the requirements of the Young Adult Voluntary Foster Care Act.
Michigan	2011	SB 440, Act 230, Sec. 18c	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Allows the Department of Human Services to place a child who is at least age 16 but younger than age 21 in an unlicensed independent living residence. If the child is 18 to 21 years old, the child must meet the requirements of the Young Adult Voluntary Foster Care Act.
Michigan	2011	SB 437, Act 227, Sec. 3 (1)	Foster Care: Other Provisions	Provides that a child under age 17, whose support and education have been provided under the regulations of the Department of Human Services, may be admitted to the Michigan Children’s Institute by commitment to the Department. The law requires all children committed to the Michigan Children’s Institute to be subject to review by the juvenile division of the probate court. It requires that the superintendent of the institute represent the state as guardian of each child committed, beginning with the day the child is admitted and continuing until the child is age 19, unless the superintendent or the department discharges the child sooner or if the child is at least age 18 but younger than age 21 and is participating in the extended foster care services of the Young Adult Voluntary Foster Care Act.
Michigan	2011	SB 437, Act 227, Sec. 3 (2)	Foster Care: Other Provisions	Stipulates that the superintendent of the Michigan Children’s Institute has the power to make decisions on behalf of a child committed to the institute. The attorney general or his or her representative shall represent the institute’s superintendent in any court proceeding in which the superintendent considers such representation necessary to carry out his or her duties.
Michigan	2011	HB 4526, Act 63, Sec. 578	Foster Care: Physical and Mental Health	Directs the Department of Human Services and child-placing agencies to use a standardized assessment tool to ensure greater cooperation between the department and the Department of Community Health and to measure the mental health treatment needs of every child supervised by the department.
Michigan	2011	HB 4526, Act 63, Sec. 508	Funding of Child Welfare Services	Requires that the Department of Human Services and the Child Abuse, Neglect and Prevention Board shall collaborate to ensure that local Children’s Trust Funds’ grant recipients and direct service providers receive money expeditiously.
Michigan	2011	HB 4526, Act 63, Sec. 533	Funding of Child Welfare Services	Requires the Department of Human Services to make payments to child-placing facilities for out-of-home care services within 30 days of receiving all necessary documentation from those agencies. The law also requires the department to explore various types of automated payments to private nonprofit child-placing facilities to improve the speed and accuracy of payments.
Michigan	2011	HB 4526, Act 63, Sec. 589	Funding of Child Welfare Services	Prohibits the Department of Human Services from transferring any foster care cases to private child-placing agency supervision that require a county contribution to the private agency administrative rate.
Michigan	2011	HB 4526, Act 63, Sec. 501	Oversight/Administration/ Interagency Collaboration	Establishes a goal that not more than 35 percent of all children in foster care at any given time during the current fiscal year will have been in foster care for 24 months or more. During the annual budget presentation, the Department of Human Services is to provide a report describing the steps that will be taken to achieve the specific goal established in this section.
Michigan	2011	HB 4526, Act 63, Sec. 513	Oversight/Administration/ Interagency Collaboration	Requires that the Department of Human Services not expend money to pay for direct placement by the department of a child in an out-of-state facility, without the approval of the deputy director for Human Services, unless there is no available placement in the state, an out-of-state placement exists that is closer to the child’s home than an in-state placement, the out-of-state facility meets all licensing standards of the state where it is located, and the department has conducted an onsite visit to the out-of-state facility. The department must submit a report by February 1 of each year on the number of children who were placed in out-of-state facilities during the previous fiscal year, the number of Michigan children residing in such facilities at the time of the report, the total cost and average per diem cost of these out-of-state placements to the state, and a list of each such placement arranged by the Michigan county of residence for each child.
Michigan	2011	HB 4526, Act 63, Sec. 514	Oversight/Administration/ Interagency Collaboration	Requires that the Department of Human Services make a comprehensive report to the Legislature by January 1 of the current fiscal year concerning Children’s Protective Services. The report is to include the total number of reports of abuse or neglect investigations, characteristics of perpetrators and child victims, the mandatory reporter categories into which those making reports fit, the number of cases in which the child is separated from his or her parents, information about reports from teachers and school personnel, information about any new child protection policies or court decisions, and information about department policy on children who have been exposed to the production or manufacture of methamphetamines.
Michigan	2011	HB 4526, Act 63, Sec. 523	Oversight/Administration/ Interagency Collaboration	Requires the Department of Human Services to report, by March 15 of the current fiscal year, on family preservation programs. The report is to contain information about costs, measurable performance indicators, desired results, monitored results and innovations that may include savings or reductions in administrative costs.
Michigan	2011	HB 4526, Act 63, Sec. 532	Oversight/Administration/ Interagency Collaboration	Requires the Department of Human Services, in collaboration with representatives of private child and family agencies, to revise and improve the annual licensing review process and the annual contract compliance review process for child-placing agencies and child-caring institutions. The improvement goals shall be to provide safety and care for children while alleviating administrative burdens so that agency resources may be focused on children. The department shall report to the Senate and House appropriations subcommittees on the department’s budget, and to the Senate and House fiscal agencies and policy offices and the state budget director on or before January 15 of the current fiscal year on the findings of the annual licensing review. The department shall conduct licensing reviews no more than once every two years for child-placing agencies and child-care institutions that are nationally accredited and have no outstanding violations.
Michigan	2011	HB 4526, Act 63, Sec. 580	Oversight/Administration/ Interagency Collaboration	Instructs the Department of Human Services and the Department of Community Health to initiate efforts to identify mental health programs and activities where the services of the two departments overlap or are uncoordinated, with a goal of providing adequate and stable mental health services that address the needs of the individual child without duplicate, confusing or needlessly complex services.
Michigan	2011	HB 4526, Act 63, Sec. 583	Oversight/Administration/ Interagency Collaboration	Requires that, by February 1 of the current fiscal year, the Department of Human Services, in conjunction with the Legislature, shall carry out a work group and prepare a report to determine what caused individuals participating as foster parents during the previous fiscal year to drop out of the program. The report must include the number of individuals participating as foster parents during the previous fiscal year who dropped out of the program.
Michigan	2011	HB 4526, Act 63, Sec. 588	Oversight/Administration/ Interagency Collaboration	Directs the Department of Human Services, concurrent with public release, to transmit all reports from the court-appointed settlement monitor to the State Budget Office, the Senate and House appropriations subcommittees, and the Senate and House fiscal agencies. The reports are to include, but not be limited to, needs assessment and periodic outcome reporting. The legislation also requires a monthly report to the State Budget Office, the Senate and House appropriations subcommittees, and the Senate and House fiscal agencies on the number of children enrolled in guardianship assistance and foster care waiver programs for children with serious emotional disturbance.
Michigan	2011	HB 4526, Act 63, Sec. 585	Prevention, Treatment of Abuse and Training	Authorizes the Department of Human Services to allow private, nationally accredited foster care and adoption agencies to conduct their own staff training, based on current department policies and procedures, provided that the agency trainer and training materials are accredited by the department and that the agency documents to the department that the training was provided. The law requires relevant training materials to be posted to the department’s website.
Minnesota	2010	SB 2690, Chap. 269, Sec. 3	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Establishes that youth who left foster care while under state guardianship as dependent or neglected retain their ability to return to foster care for placement at any time between ages 18 and 21.
Minnesota	2010	SB 2690, Chap. 269, Sec. 4	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Determines that jurisdiction over a child in foster care shall not be terminated without giving the child notice of any motion or proposed order to dismiss jurisdiction and an opportunity to be heard on the appropriateness of the dismissal. When a child in foster care asks to leave foster care or actually leaves foster care, the court may terminate its jurisdiction.
Minnesota	2010	SB 2690, Chap. 269, Sec. 9	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	States that, within the six months prior to a child’s 18th birthday, the local agency shall provide advice about the availability of foster care program benefits up to age 21 to any child in foster care; the child’s parents or legal guardian, if any; and the child’s foster parents. The child in foster care must meet specific conditions to be considered eligible to continue in foster care to age 21, such as completing secondary education or being employed for at least 80 hours per month.
Minnesota	2010	SB 2855, Chap. 301, Article 3, Sec. 1	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Establishes that a licensed child foster care program may serve those who are older than age 18 but younger than age 21 when they meet set criteria, such as completing secondary education or a program leading to an equivalent credential.
Minnesota	2010	SB 2855, Chap. 301, Sec. 6	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Determines that jurisdiction over a child in foster care may continue to age 21. Jurisdiction over a child in foster care shall not be terminated without giving the child notice of any motion or proposed order to dismiss jurisdiction and an opportunity to be heard on the appropriateness of the dismissal. When a child in foster care asks to leave foster care or actually leaves foster care, the court may terminate its jurisdiction.
Minnesota	2010	SB 2855, Chap. 301, Sec. 9	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	States that, within the six months prior to a child’s 18th birthday, the local agency shall provide advice about the availability of foster care program benefits up to age 21 to any child in foster care; the child’s parents or legal guardian, if any; and the child’s foster parents. The child in foster care must meet specific conditions to be considered eligible to continue in foster care to age 21, such as completing secondary education or being employed for at least 80 hours per month.
Minnesota	2010	HB 2912, Chap. 303	Foster Care: Physical and Mental Health	Stipulates that all children referred for treatment of severe emotional disturbance shall undergo an assessment to determine the appropriate level of care. The law requires that if a child is determined to be an Indian child, the treatment team shall provide notice to the tribe or tribes and permit the tribe’s representative to participate in the screening team.
Minnesota	2010	SB 2855, Chap. 301, Article 3, Sec. 2	Funding of Child Welfare Services	Determines that the commissioner of the state child welfare agency may accept funds donated from private postsecondary institutions, as the state's share in claiming federal Title IV-E reimbursement, to support the child welfare state/university partnership, if the funds meet certain criteria.
Minnesota	2010	HB 3391, Chap. 281	Termination of Parental Rights	Permits a child in need of protection or services petition to be filed instead of a termination of parental rights (TPR) petition if the petition is based upon the parent’s prior TPR to another child or the involuntary transfer of custody to a relative. The law requires the agency to show that a TPR proceeding for this child is not in the child’s best interests.
Minnesota	2010	HB 2912, Chap. 303	Tribes	Requires tribal notification regarding Native American children who are referred for treatment of severe emotional disturbance in a residential or treatment foster care setting. The law permits the tribe's representative to participate on the screening team.
Minnesota	2011	SB 1285, Chap. 86	Foster Care: Physical and Mental Health	The County Board must arrange for or provide a children’s mental health screening for a child receiving child protective services; a child in out-of-home placement; a child for whom parental rights have been terminated; a child found to be delinquent; or a child found to have committed a juvenile petty offense for the third or subsequent time. Provides that a children’s mental health screening is not required when an assessment has been performed within the previous 180 days or the child currently is under the care of a mental health professional. When a child is receiving protective services or is in out-of-home placement, the court or county agency must notify a parent or guardian whose parental rights have not been terminated of the potential mental health screening and the option to prevent the screening by notifying the court or county agency in writing.
Mississippi	2011	HB 1178, Chap. 424	Foster Care: Education of Children in Foster Care	States that no school district is required to place a child returning from out-of-home placement in the mental health, juvenile justice or foster care system into an alternative school. Placement of students identified under the Individuals with Disabilities Education Act (IDEA) of 2004 shall adhere to the requirements of IDEA. If a school district chooses to place a child in an alternative school, the district will make an individual assessment and evaluation of that child within specified periods. An individualized assessment for youth who are making the transition from out-of-home placement to the alternative school shall include a strengths and needs assessment, a determination of the child’s academic strengths and deficiencies, and a proposed plan for helping the child move to a regular education placement at the earliest possible date.
Missouri	2011	SB 351	Adoption: Confidential Adoption Information/Post-Adoption Contact	Allows adult adoptees to obtain identifying information on undisclosed biological parents by making a request to the circuit court that had original jurisdiction. The law allows such information to be provided to the adult’s lineal descendants if the adopted adult is deceased. It also requires that only the biological parents are to be notified of the adoptee’s request and provides the requirements for the release of information if the biological parent is deceased.
Missouri	2011	HB 214	Child Protective Services: Child Protection	Expands the crime of sexual trafficking of a child to include a person knowingly using force, abduction, coercion, fraud, deception or blackmail or causing or threatening to cause financial harm to a person younger than age 18 to participate in a commercial sex act, a sexual performance or production of specified explicit sexual material. If a violation of this crime was effected by force, abduction or coercion, the crime will be a felony for which the authorized term of imprisonment is life without eligibility for probation or parole until the defendant serves at least 25 years of his or her sentence. The law allows a victim of trafficking to bring a civil action within 10 years after the later of the final order in the criminal case, the victim’s emancipation from the defendant or the victim’s 18th birthday.
Missouri	2011	SB 54, Sec. 37.710	Child Protective Services: Child Protection	Allows the Office of the Child Advocate to mediate between alleged victims of sexual misconduct and school districts.
Missouri	2011	SB 54, Sec. 160.262	Child Protective Services: Intake and Investigation	Authorizes the Office of the Child Advocate to offer mediation services when requested by the school district and the Children’s Division when child abuse allegations arise in a school setting. The mediator must not be a mandated reporter of child abuse. No student, parent of a student, school employee or school district will be required to enter into mediation. If either party does not wish to enter into mediation, mediation will not occur. Procedures for mediation are described in the act.
Missouri	2011	SB 54, Sec. 37.710	Child Protective Services: Intake and Investigation	Grants the Office of the Child Advocate authority to file with the court any findings or reports of the child advocate regarding a parent or child and to issue recommendations regarding the disposition of an investigation, which may be provided to the court and the investigating agency.
Missouri	2011	HB 431 and HB 604, Sec. 210.565	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires the Children’s Division to make reasonable efforts to place siblings in the same foster care, kinship, guardianship or adoptive placement, unless doing so would be contrary to the safety or well-being of any of the siblings. If siblings are not placed together, the division must make reasonable efforts to provide frequent visitation or other ongoing interaction between the siblings, unless this interaction would be contrary to a sibling’s safety or well-being.
Missouri	2011	HB 431 and HB 604, Secs. 210.112, 143.1015 and 453.600	Foster Care: Permanency	Establishes the following order or preference for the placement of a child in foster care: grandparents and relatives, a trusted adult who has a pre-existing relationship with the child, and any foster parent who is currently licensed and capable of accepting placement of the child. Licensing for anyone who receives a preference can be expedited if a child is placed in the person’s care.
Missouri	2011	HB 604	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Specifies that the disability or disease of an individual cannot be used as the basis for a determination to refuse to issue, suspend or revoke a foster care license; remove a child from a parent’s custody; terminate parental rights; or rule that an individual is unfit or not suitable to be an adoptive parent or a foster parent without a specific showing of a causal relationship between the disability or disease and a substantial and significant risk of harm to the child. The law specifies that the information provided to the parent or legal guardian can include only the information regarding the nature and disposition of any denial, suspension or revocation of a license to operate a foster home.
Missouri	2011	HB 431 and HB 604, Secs. 210.112, 143.1015 and 453.600	Oversight/Administration/ Interagency Collaboration	Requires the Children’s Division within the Department of Social Services to convene a task force to review recruitment, licensing and retention of foster and adoptive parents statewide. The task force must include representatives of the private sector and faith-based community organizations that provide recruitment and licensure services. The task force must study the extent to which changes in the system of recruiting, licensing and retaining foster and adoptive parents would enhance the effectiveness of the system statewide. The law establishes the Missouri State Foster Care and Adoption Board to provide consultation and assistance to the Children’s Division. The board must draft and provide an independent review of the Children’s Division’s policies and procedures related to the provision of foster care and adoption. The law also creates the Foster Care and Adoptive Parents Recruitment and Retention Fund by allowing an individual or corporation to designate at least $1 on a Missouri individual income tax return or at least $2 on a combined return of his or her tax refund amount to the newly created Foster Care and Adoptive Parents Recruitment and Retention Fund.
Missouri	2011	SB 54, Secs. 160.2100 and 160.2110	Oversight/Administration/ Interagency Collaboration	Creates the Task Force on the Prevention of Sexual Abuse of Children to study until Jan. 1, 2013, the issue of the sexual abuse of children. Task force members must be actively involved in the prevention of child abuse and neglect. The law further requires the task force to make recommendations for reducing child sexual abuse and to submit a final report with its recommendations to the governor, General Assembly and State Board of Education.
Missouri	2011	SB 54, Sec. 160.261	Reporting Child Abuse or Neglect	Establishes that, if a student reports alleged sexual misconduct by a teacher or other school employee to a school employee who is required to report to the Children’s Division, the employee to whom the student disclosed and the school district superintendent must forward the allegation to the Children’s Division within 24 hours. Any reports made to the Children’s Division must be investigated by the division in accordance with division procedures. The school district must not conduct an investigation to determine whether the allegations should be substantiated. A district may investigate the allegations to make a decision regarding the accused employee’s employment. This act also requires the investigating officers to review the report using a preponderance of evidence standard.
Montana	2011	SB 304, Chap. 223, Sec. 3	Child Protective Services: Child Protection	Modifies the procedure for obtaining emergency protective services. The law states any child protective social worker of the department, a peace officer, or the county attorney who has reason to believe any child is in immediate or apparent danger of harm may immediately remove the child and place the child in a protective facility. If a child is removed from the child's home by the department, a child protective social worker shall submit an affidavit regarding the circumstances of the emergency removal to the county attorney and provide a copy of the affidavit to the parents or guardian, if possible, within 2 working days of the emergency removal. An abuse and neglect petition must be filed within 5 working days, excluding weekends and holidays, of the emergency removal of a child unless arrangements acceptable to the agency for the care of the child have been made by the parents or voluntary protective services. Specifies that except as provided in the federal Indian Child Welfare Act, if applicable, a show cause hearing must be held within 20 days of the filing of the petition.
Montana	2011	SB 304, Chap. 223, Sec. 4	Courts and Legal Representation: Family and Juvenile Court Processes	Requires petitions for immediate protection and emergency protective services to be supported by an affidavit signed by a representative of the department, stating in detail the alleged facts upon which the request is based. If the case is subject to the federal Indian Child Welfare Act, the affidavit must contain clear and convincing evidence of the abuse. The affidavit also must contain any information regarding statements made by the parents about the facts of the case.
Montana	2011	SB 153, Chap. 343	Courts and Legal Representation: Guardians Ad Litem	Allows courts the discretion to appoint counsel to a child or youth in a child abuse and neglect case whether or not the child has been appointed a guardian ad litem.
Montana	2011	HB 74, Chap. 11	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Specifies that the Department of Public Health and Human Services may locate and contact extended family members upon placement of a child in out-of-home care. The department may share information with extended family members for placement and case planning purposes.
Montana	2011	HB 565, Chap. 377	Foster Care: Physical and Mental Health	Requires the Department of Public Health and Human Services (DPHHS) to consider placement options in in-state treatment facilities for high-risk children with mental health needs who have multiagency service needs before the department places children out of state. The DPHHS will create rules to ensure that out-of-state placement is a last resort. The rules will establish a procedure for in-state facilities to offer a treatment plan for high-risk children with mental health needs that will be considered by DPHHS before children are placed out of state.
Montana	2011	SB 304, Chap. 223, Sec. 2	Reporting Child Abuse or Neglect	Clarifies that mandatory reporters of suspected child abuse must report abuse regardless of whether the person suspected of causing the abuse or neglect is a parent or other person responsible for the child’s welfare.
Nebraska	2010	LB 901, Sec. 43-2923	Courts and Legal Representation: Family and Juvenile Court Processes	Requires the court, in determining the best interests of a minor child regarding custody and parenting arrangements, to include several items in its considerations, including the general health, welfare and social behavior of the minor child; credible evidence of abuse inflicted on any family or household member; and credible evidence of child abuse or neglect or domestic intimate partner abuse.
Nebraska	2011	L.B. 177, Sec. 6	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires the department, within 30 days after removal of the child from his or her home, to identify, locate and provide written notification of the child’s removal to any non-custodial parents and adult extended family members, including grandparents, adult siblings, adult aunts, adult uncles, adult cousins and adult relatives suggested by the child or the child’s parents, unless that relative’s history of family or domestic violence makes notification inappropriate. The law requires that the extended family members of an Indian child, as defined in the Nebraska Child Welfare Act, be notified of the removal.
Nebraska	2011	L.B. 177, Sec. 8	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	States that, when a child in foster care is age 16, a written independent living transition proposal shall be developed to prepare for the transition from foster care to adulthood.
Nebraska	2011	L.B. 177, Secs. 2, 3, 7	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires that reasonable efforts be made to place together a child and siblings who have been removed from their home, unless placement is contrary to the safety or well-being of any siblings. Siblings are defined as biological siblings and legal siblings, including, but not limited to, half-siblings and step-siblings. If not jointly placed, the department will provide the siblings and the court with the reasons why such placement would be contrary to the safety or well-being of any siblings. When joint placement does not occur, the department shall make reasonable efforts to provide for frequent sibling visitation or ongoing interaction between the child and siblings, unless the department provides the siblings and the court with reasons why such sibling visitation or ongoing interaction would be contrary to the safety or well-being of any of the siblings. The court will determine the type and frequency of sibling visitation or ongoing interaction, to be implemented by the Division of Children and Family Services. Any information regarding court-ordered or court-authorized joint-sibling placement, sibling visitation or ongoing interaction between siblings shall be provided by the department to the parent or parents if parental rights have not been terminated, unless the court determines that doing so would be contrary to the safety or well-being of the child. Notification of joint placement also must be provided to the foster parent, relative caretaker, guardian, or prospective adoptive parent and child as soon as reasonably possible following the entry of the court order or authorization as necessary to facilitate the sibling time.
Nevada	2011	SB 23, Chap. 4	Adoption: Adoption-Related Provisions	Clarifies that the agency that provides child welfare services or a licensed child-placing agency, whichever has custody of a special needs child who is being considered for adoption, is responsible for scheduling any necessary evaluations of the child to identify any special needs the child may have.
Nevada	2011	SB 111, Chap. 236	Child Protective Services: Child Protection	Requires each agency that provides child welfare services to develop and implement a written plan to ensure that the provisions for placing a child in protective custody are understood and carried out.
Nevada	2011	SB 112, Chap. 230	Courts and Legal Representation: Family and Juvenile Court Processes	Stipulates that, in any proceeding involving a child for which the court has access to records related to the child’s custody or involvement with the child welfare agency, the juvenile court may review those records to help the court determine the appropriate placement or plan of treatment for the child. Except when a record would otherwise be admissible as evidence in a proceeding, the juvenile court shall not use a record to prove that the child committed a delinquent act or is in need of supervision. The law provides that such records must not be disclosed or otherwise made open to inspection unless they are admitted as evidence and used to determine the disposition of the case. The juvenile court must afford the parties and their attorneys an opportunity to examine and address any record reviewed by the juvenile court.
Nevada	2011	SB 167, Chap. 188	Courts and Legal Representation: Family and Juvenile Court Processes	Authorizes release of abuse or neglect data or information to the court with jurisdiction, the person who files a petition with the court, the proposed guardian or successor guardian, the parent or guardian of a child, and a child who is at least age14.
Nevada	2011	SB 113, Chap. 318	Foster Care: Child Welfare Agency Responsibilities	Requires a foster home to develop and implement a plan for the care of children in the foster home during disasters (fire, flood, earthquake, explosion, civil disturbance). The Division of Child and Family Services shall develop a plan of care for children in the custody of agencies that provide child welfare services during disasters to ensure that the division, or its designee, meets the needs of children if an agency is unable to meet the needs of children in its custody during a disaster. The division may implement the plan at any time if it determines it is necessary, regardless of whether the agency that provides child welfare services has requested assistance.
Nevada	2011	AB 154, Chap. 133, Sec. 9	Foster Care: Education of Children in Foster Care	Prohibits an employee of a school district from disclosing to anyone who is not employed by the school district any information related to a pupil who is placed in foster care.
Nevada	2011	SB 370, Chap. 443	Foster Care: Education of Children in Foster Care	Requires the board of trustees of each school district to adopt a policy for each district elementary school regarding development of an academic plan for each foster child enrolled in the elementary school. The academic plan must be reviewed at least annually and a new plan must be developed for any foster child who transfers to an elementary school. The goal of the academic plan must be to achieve academic success. The legislation also requires the Division of Child and Family Services to inform a school district that a foster child is enrolled in a school in that district. The law requires a copy of the academic plan to be submitted to the court with jurisdiction over the child during the biennial review of the child’s placement.
Nevada	2011	AB 110, Chap. 121	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Establishes the Kinship Guardianship Assistance Program. The law allows an agency that provides child welfare services to enter into guardianship assistance agreements with prospective relative guardians. It also specifies that the child’s permanency plan cannot be reunification. The child must have been eligible to receive Title IV-E payments for not less than six consecutive months while residing with a relative.
Nevada	2011	AB 350, Chap. 57	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Extends the jurisdiction for youth in foster care from age 18 to age 21, at the youth’s request. For young adults in foster care this extension will be used by youth to offer additional time to identify a permanent family, and/or to provide the young adult with the services, supports and skills needed to successfully make the transition to adulthood.
Nevada	2011	AB 536, Chap. 514	Foster Care: Physical and Mental Health	Requires all facilities that provide residential services to children to require criminal history investigations of all facility license holders, employees and certain residents of the facility. The law offers further protection to children by requiring such facilities to terminate the employment of certain people based on the results of the criminal history investigation and to require these background investigations every five years.
Nevada	2011	SB 246, Chap. 259	Foster Care: Physical and Mental Health	Requires a medical facility that accepts custody of children pursuant to a court order to adopt a policy concerning administration and management of medication to such children and to ensure that each employee of the medical facility who will administer medication to a child in the facility receives a copy of and understands the policy. The law imposes the same requirement on 1) a public or private institution or agency to which a juvenile court commits a child; 2) a state facility for detention or commitment of children; 3) a specialized foster home or a group foster home; 4) a child care facility that occasionally or regularly has physical custody of children pursuant to the order of a court; and 5) a treatment facility and any other facility of the Division of Child and Family Services into which a child may be committed by a court order.
Nevada	2011	SB 370, Chap. 443, Sec. 3	Foster Care: Physical and Mental Health	Requires a foster home licensee to obtain a written explanation from a medical professional who provides a prescription for medication for a foster child. The explanation must include the need for the medication and the effect of the medication on the child.
Nevada	2011	SB 371, Chap. 444	Foster Care: Physical and Mental Health	Requires appointment of a person who is legally responsible for the psychiatric care of each child who is in the custody of an agency that provides child welfare services. The person appointed is to be responsible for making all decisions concerning services, treatment and psychotropic medications provided to such children. The law allows the court to appoint the person nominated by the agency or to appoint any other person the court determines is qualified to carry out such duties and responsibilities. To the extent that a parent or legal guardian of the child is able and willing to serve as the person legally responsible for the child’s psychiatric care, the parent or guardian must be nominated and appointed pursuant to this law. It also requires the person who is legally responsible for the child’s psychiatric care to provide written consent or denial of consent for each appointment or for a course of routine treatment for the child’s psychiatric care; to maintain current information concerning the child’s medical history and emotional, behavioral and educational needs; and to approve or deny administration of each psychotropic medication recommended for the child. The law prohibits administration of a psychotropic medication to a child in the custody of an agency without consent from the person who is legally responsible for the child’s psychiatric care.
Nevada	2011	AB 154, Chap. 133, Sec. 6	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Requires a provider of family foster care that places a child in a foster home to inform the child of his or her rights and to provide the child with a written copy of those rights. The law requires each group foster home that provides care to more than six children to post a written copy of these rights in the group foster home.
Nevada	2011	AB 154, Chap. 133, Sec. 7	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Authorizes a provider of family foster care to place reasonable restrictions on the rights of a child based upon the time, place and manner of a child’s exercise of those rights if such restrictions are necessary to preserve the order or safety of the foster home.
Nevada	2011	AB 154, Chap. 133, Sec. 8	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Authorizes a child placed in foster care who believes that his or her rights as set forth in this law have been violated to raise and redress a grievance with any of a number of people or institutions responsible for the child.
Nevada	2011	AB 154, Chap. 133, Secs. 3-5	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Establishes certain rights of children who are placed in foster homes. The law standardizes rights for children in foster care among foster care and treatment providers. It ensures consistency of care for children among the various types of care provided. It also brings issues related to the Bill of Rights for Children in Foster Care into one place in the statute to allow more effective communication among families. The law also sets a standard so that all foster children are afforded the same basic rights.
Nevada	2011	SB 447, Chap. 396	Funding of Child Welfare Services	Requires the Division of Child and Family Services to administer a program to award incentive payments to an agency that provides child welfare services in larger counties, and sets forth the requirements. The law states that the amount of such incentive payments will be based on whether the agency achieved the goal for which the incentive payment was made and, if not, the percentage of the goal that was achieved. It also requires the Division of Child and Family Services to prepare and submit a report concerning the program to the governor and the Legislature on or before January 31 of each year. Further, it requires the Division of Child and Family Services to award a block grant for each fiscal year to each agency that provides child welfare services in larger counties. An agency that provides child welfare services and receives a block grant is authorized to use the money without restriction, and any money remaining at the end of the fiscal year does not revert to the state General Fund. The block grant is reduced if the county appropriates an amount less than the amount granted to the agency that provides child welfare services for the fiscal year beginning on July 1, 2010. The law requires the Division of Child and Family Services to provide a categorical grant to each agency that provides child welfare services for each fiscal year for its adoption assistance program, to the extent that money is available for that purpose.
Nevada	2011	SB 480, Chap. 403	Funding of Child Welfare Services	Requires less populated counties to pay an assessment to the Division of Child and Family Services for the costs of providing child protective services.
Nevada	2011	AB 148, Chap. 344	Infant Abandonment/Safe Surrender	Revises provisions governing the voluntary relinquishment of an infant to a provider of emergency services. The law requires providers of emergency services not only to notify a child welfare agency when taking possession of a child younger than 30 days old when relinquished by the parent, but also to notify a law enforcement agency, unless the law enforcement agency is the provider of emergency services. This requires action by the law enforcement agency to investigate whether the child has been reported as a missing child.
Nevada	2011	SB 447, Chap. 396	Oversight/Administration/ Interagency Collaboration	Revises provisions governing the corrective actions required when an agency that provides child welfare services is not in compliance with certain laws, plans or policies. The law requires each such agency to submit an improvement plan to the Division of Child and Family Services. The improvement plan submitted by the agency must cover two years and include specific performance targets for improving the services provided to children in the care of the agency. The law also requires the agency to carry out the plan within 90 days after it is approved. If it is not carried out within that time frame, the agency is subject to certain actions by the Division of Child and Family Services, which may include having money withheld.
Nevada	2011	AB 147, Chap. 35	Termination of Parental Rights	States that termination of parental rights does not terminate the right of the child to inherit from his or her parent or parents, except that the right to inherit terminates if the child is adopted.
New Hampshire	2010	SB 384, Chap. 160	Child Protective Services: Records	Authorizes the Department of Health and Human Services to give private adoption agencies access to founded reports of abuse and neglect.
New Hampshire	2011	SB 34, Chap. 177	Courts and Legal Representation: Family and Juvenile Court Processes	Requires an adjudicatory hearing in child protective cases to be held and completed and written findings issued within 60 days from the date the petition was filed with the court. If a child is in an out-of-home placement, the adjudicatory hearing shall be held and completed within 30 days from the date the petition was filed with the court, unless the court makes a written finding of extraordinary circumstances that requires the time limit to be extended.
New Jersey	2010	AB 2137, Chap. 69	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires that when any child is placed in a resource family home, the child shall remain in the school currently attended.
New Jersey	2010	AB 1654, Chap. 67	Shaken Baby Syndrome	Requires that the Department of Children and Families prepare a resource guide in both English and Spanish to provide information about child abuse, neglect and shaken baby syndrome.
New Mexico	2011	HB 196, Chap. 98	Courts and Legal Representation: Family and Juvenile Court Processes	Creates the Uniform Child Witness Protective Measures Act to give judges authority to allow a child to testify other than in an open courtroom to protect a child witness from the emotional trauma that may be associated with giving testimony. If a judge determines in a criminal case that an alleged child victim would suffer serious emotional trauma that would substantially impair the ability to communicate or, in a noncriminal case, that it would be in the best interests of the child, the child may testify in an alternative manner, and the testimony may be taken by alternative means, such as videotaping.
New Mexico	2011	SB 285, Chap. 130	Foster Care: Child Welfare Agency Responsibilities	Differentiates between and clarifies the appeal rights of foster homes and the child placement agencies that license foster homes. The law codifies in statute the ability of the Children, Youth and Families Department and child placement agencies to deny, revoke, suspend or refuse to renew a license to operate a foster home and identifies appeal rights that currently are found only in regulation.
New Mexico	2011	SB 574, Chap. 163	Oversight/Administration/ Interagency Collaboration	Requires the Department of Children, Youth and Families to fingerprint and conduct nationwide criminal history record searches of all department employees, staff members and volunteers, as well as their superiors, whose jobs involve direct contact with department clients. The law prohibits employment of a prospective or current employee, staff member or volunteer, or a superior of employees, staff members or volunteers, who has direct unsupervised contact with children and has been the subject of a substantiated allegation of child abuse or neglect or is a convicted felon. For current department employees, staff members or superiors, the personnel board may consider an allegation of child abuse or neglect that has been substantiated by the department as just cause for disciplinary action.
New Mexico	2011	SB 77, Chap. 49	Prevention, Treatment of Abuse and Training	Requires that training in recognition of child abuse be included in the annual in-service training for certified police officers.
New York	2010	AB 1523, Chap. 509	Adoption: Adoption-Related Provisions	Enables an adult unmarried person, an adult married couple or two unmarried adult intimate partners to adopt a child.
New York	2010	AB 8504, Chap. 342	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Relates to trial discharges of youth in foster care and voluntary reentry of older adolescents into foster care. The legislation extends trial discharges at permanency hearings for successive periods of up to six months until youth reach age 21. Where the affected youth is over age 18, any such trial discharge requires his or her consent. It also allows youth between the ages of 18 and 21 who have been discharged to return voluntarily to foster care within 24 months of the discharge.
New York	2010	AB 9708, Chap. 58	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Establishes a kinship guardianship assistance program.
New York	2010	AB 5462, Chap. 113	Foster Care: Permanency	Provides an exception to the required filing of a termination of parental rights petition for children in foster care whose parents are incarcerated or in residential substance abuse treatment programs where the parents maintain a meaningful role in their children’s lives.
New York	2010	AB 11111, Chap. 447	Infant Abandonment/Safe Surrender	Clarifies that those who surrender infants not more than 30 days old in suitable locations will not be guilty of abandonment.
New York	2010	AB 8504, Chap. 342	Services for Older Youth	Relates to trial discharges of youth in foster care and voluntary reentry of older adolescents into foster care. The legislation extends trial discharges at permanency hearings for successive periods of up to six months until youth reach age 21. Where the affected youth is over 18, any such trial discharge requires his or her consent. It also allows youth between 18 and 21 who have been discharged to seek leave to return voluntarily to foster care within 24 months of the discharge.
New York	2010	AB 8524, Chap. 343	Termination of Parental Rights	Provides a process for petitioning to restore previously terminated parental rights under certain circumstances.
New York	2011	AB 6823, Chap. 45, Sec. 1	Child Protective Services: Intake and Investigation	Makes New York City eligible to participate in the differential response program for appropriate reports of child maltreatment by removing the current limitation allowing only social services districts outside a city with a population of 2 million or more to participate in the program.
New York	2011	AB 6823, Chap. 45, Sec. 2	Child Protective Services: Intake and Investigation	Makes permanent the legislation permitting social services districts, with authorization from the Office of Children and Family Services (OCFS), to use a differential response program for appropriate reports of child maltreatment and requires that OCFS include the differential response program in its annual report.
New York	2011	AB 8108-A, Chap. 377, Sec. 4	Child Protective Services: Intake and Investigation	Allows the courts access to confidential Family Assessment Response (FAR) program (part of the differential response program) records for the entire time services are provided under FAR, pursuant to a judicial subpoena and a finding that such information is necessary to a determination before the court. The law also allows the local social services district responsible for the FAR case access to such confidential records.
New York	2011	AB 8108-A, Chap. 377, Sec. 5	Child Protective Services: Intake and Investigation	Allows the Office of Children and Family Services to disclose aggregate, non-client identifiable information in FAR records. The law allows social service districts and service providers to exchange reports, records and information related to FAR cases as necessary to carry out activities related to the person(s) addressed in the FAR records. The legislation further enables local social services districts to disclose records from FAR cases in subsequent child protective proceedings that come before the family court. It also allows the subject of a FAR report access to such records and gives the subject the authority to disclose them in any relevant proceeding.
New York	2011	AB 8108-A, Chap. 377, Sec. 6	Child Protective Services: Intake and Investigation	Requires that the annual report on the operations of the state central registry include information about the racial and ethnic characteristics of families in the differential response program.
New York	2011	A7836A, Chap. 605	Courts and Legal Representation: Family and Juvenile Court Processes	Establishes “destitute child” as a discrete category of Family Court proceedings, with attendant due process protections, including parents’ and children’s right to counsel. Authorizes temporary placements; dispositional alternatives to release to the parent or parents; or placement or custody with the county social services agency, relatives or other suitable individuals. The law authorizes the Family Court to direct a social services agency to investigate other parents, relatives or other suitable people as placement alternatives. If such people are found to be satisfactory and if removal of the child is determined to be necessary to prevent imminent risk to the child, the court is authorized to place the child temporarily with such people. This act aims to ensure that destitute children and their parents have access to counsel and an effective means of requesting appropriate services.
New York	2011	A8339, Chap. 607	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Ensures that destitute children (described as a discrete category of child for Family Court proceedings, with attendant due process protections, including parents’ and children’s right to counsel) are included among the categories of children who are eligible for the kinship guardianship assistance program.
New York	2011	A7836A, Chap. 605	Foster Care: Permanency	Permits the court to direct social services agencies to provide services, to the extent authorized under their comprehensive annual service plans, to help destitute children and their families ameliorate the conditions that gave rise to the need for court intervention. Where a destitute child is placed as a disposition, the placement is to be reviewed, as are all other placements, through permanency hearings, and the child and family are to have all applicable rights to services and planning. The measure also provides a vehicle for regular Family Court oversight of the permanency planning efforts made by counties on behalf of destitute children, thus resulting in a quicker exit from foster care and achievement of permanency for these children.
New York	2011	S3777A, Chap. 91	Reporting Child Abuse or Neglect	Adds directors of children’s overnight, summer day camps and traveling summer day camps to the list of those required to report suspected child abuse or maltreatment.
North Carolina	2010	HB 1463, Chap. 116	Adoption: Confidential Adoption Information/Post- Adoption Contact	Allows adult family members of deceased adoptees and adult family members of deceased biological parents to have access to confidential intermediary services upon the consent of the parties.
North Carolina	2010	SB 567, Chap. 90	Courts and Legal Representation: Family and Juvenile Court Processes	Requires that an individual be given an opportunity for notice and judicial review before being placed on a list of individuals determined to be responsible for the abuse or serious neglect of children.
North Carolina	2011	HB 382, Chap. 295, Sec. 18	Adoption: Adoption-Related Provisions	Specifies that the process of selecting specific adoptive parents shall be the responsibility of, and within the discretion of, the county department of social services or a licensed child-placing agency. The guardian ad litem may request information from and consult with the county department or child-placing agency concerning the selection process. If the guardian ad litem disagrees with the selection of adoptive parents, the guardian ad litem shall file a motion within 10 days of the county department of social services’ notification and schedule the case for hearing on the next juvenile court calendar. The department of social services shall not change the juvenile’s placement with the prospective adoptive parents unless the period for filing a motion has expired and no motion has been filed. In hearing the motion, the court shall consider the recommendations of the agency and the guardian ad litem and other facts related to selection of adoptive parents. The court shall then determine whether the proposed adoptive placement is in the juvenile’s best interests.
North Carolina	2011	HB 200, Chap. 145, Sec. 108A-49.1 (d)	Funding of Child Welfare Services	Requires that the state and a county participating in foster care and adoption assistance shall each contribute 50 percent of the nonfederal share of the cost of care for a child placed by a county department of social services or child-placing agency in a family foster home or residential child care facility. A county shall be held harmless from contributing 50 percent of the nonfederal share of the cost for a child placed in a family foster home or residential child care facility under an agreement with that provider as of Oct. 31, 2008, until the child leaves foster care or experiences a placement change.
North Carolina	2011	HB 382, Chap. 295, Sec. 1	Termination of Parental Rights	Adds proceedings for the reinstatement of parental rights.
North Carolina	2011	HB 382, Chap. 295, Sec. 15	Termination of Parental Rights	Requires that rules of evidence in civil cases shall apply in termination of parental rights proceedings.
North Carolina	2011	HB 382, Chap. 295, Sec. 16	Termination of Parental Rights	Allows the court to consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the best interests of the juvenile in termination of parental rights considerations.
North Carolina	2011	HB 382, Chap. 295, Sec. 18(a)	Termination of Parental Rights	Stipulates that in the case of a juvenile whose parent’s rights have been terminated, the guardian ad litem attorney or a county department of social services with custody of the juvenile may file a motion to reinstate the parent’s rights. The law requires that a number of conditions be satisfied to file the motion to reinstate, including that the motion allege extraordinary circumstances requiring consideration of the motion and that the juvenile does not have a legal parent, is not in an adoptive placement and is not likely to be adopted within a reasonable period. In addition, the order terminating parental rights must have been entered at least three years before the filing of the motion, unless the court has found or the juvenile’s attorney advocate and the county department of social services with custody of the juvenile stipulate that the juvenile’s permanency plan no longer is adoption.
North Carolina	2011	HB 382, Chap. 295, Sec. 18(g)	Termination of Parental Rights	At the preliminary hearing and any subsequent hearing on the motion to reinstate parental rights, requires the court to consider information from the county department of social services with custody of the juvenile, the juvenile, the juvenile’s guardian ad litem, the juvenile’s former parent whose parental rights are the subject of the motion, the juvenile’s placement provider, and any other person or agency who may aid the court in its review. The court shall consider the following criteria and make written findings regarding what efforts were made to achieve adoption or a permanent guardianship: whether the parent whose rights the motion seeks to have reinstated has remedied the conditions that led to the juvenile’s removal and termination of the parent’s rights, whether the juvenile would receive proper care and supervision in a safe home if placed with the parent, and the age and maturity of the child and the child’s ability to express his or her preference.
North Dakota	2011	HB 1085, Chap. 360, Sec. 50-11.1-07.8	Child Protective Services: Child Protection	Authorizes the Department of Human Services to suspend an early childhood services program’s license, self-declaration or registration at any time after the onset of a child abuse and neglect investigation alleging that the owner or operator has committed child abuse or has neglected a child. The law authorizes the department to notify the parent of any child receiving early childhood services at an early childhood program that the owner, operator, staff member or an adult household member is under investigation. It provides that the parent may receive the name of the subject, a summary of the facts, and the results of an assessment conducted in response to an allegation of child abuse or neglect involving an owner, operator, staff member or household member of an early childhood program.
North Dakota	2011	HB 1456, Chap. 231	Courts and Legal Representation: Family and Juvenile Court Processes	Provides that a civil action resulting from childhood sexual abuse must be started within seven years after the plaintiff knew or reasonably should have known that a potential claim existed as a result of the alleged childhood sexual abuse.
North Dakota	2011	HB 1078, Chap. 229, Sec. 27-20-48	Courts and Legal Representation: Guardians Ad Litem	Provides immunity from civil liability for a guardian ad litem for any act or omission arising from the guardian’s duties and responsibilities unless the act or omission constitutes gross or willful negligence or misconduct.
North Dakota	2011	SB 2087, Chap. 228, Sec. 27-20-38	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Clarifies that, when a child is removed from a parent’s custody for the purpose of placement into foster care, the legal custodian has a duty to provide notice to adult relatives regarding the child’s removal.
North Dakota	2011	SB 2192, Chap. 227, Sec. 6	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Establishes a procedure for the disposition of a child who needs continued foster care services between ages 18 and 21. The law sets forth the criteria to be used by the court in making the determination of whether the child is in need of continued foster care services to include that the child is not deprived, delinquent or unruly but is in need of continued foster care services; that it is in the best interests of the child to remain in or return to foster care; that the child has satisfied the education, employment or disability requirements under the Fostering Connections to Success and Increasing Adoptions Act of 2008; and that there are no grounds to file a petition to terminate parental rights.
North Dakota	2011	HB 1115, Chap. 359, Sec. 1	Foster Care: Other Provisions	Clarifies that foster care records of facilities licensed by the Department of Human Services and its authorized agents are confidential and may be disclosed only under certain conditions, such as in a judicial proceeding or to officers of the law or other legally constituted boards or agencies.
North Dakota	2011	SB 2176, Chap. 369, Sec. 1	Reporting Child Abuse or Neglect	Includes dental hygienists among those who are required to report child abuse and neglect.
North Dakota	2011	SB 2233, Chap. 370, Sec. 50-25.1-03	Reporting Child Abuse or Neglect	Provides that anyone who has knowledge of or reasonable cause to suspect that a child is abused or neglected, based on images of sexual conduct by a child discovered on a workplace computer, is required to report the circumstances to the Department of Human Services.
North Dakota	2011	HB 1095, Chap. 357, Sec. 50-11-00.1	Tribes	Defines “approval” for the purposes of receiving Title IV-E funds for Native American group foster care facilities or for a home of a Native American family located on a recognized Indian reservation in North Dakota. The Department of Human Services approves Title IV-E funding when the homes of Native American families are located on a recognized Indian reservation in North Dakota or facilities are owned by the tribes or tribal members and are located on a recognized Indian reservation and are thus not subject to the jurisdiction of the state for licensing purposes.
Ohio	2011	H. 153, Sec. 2151.011	Child Protective Services: Intake and Investigation	Stipulates that “traditional response” means a Public Children’s Services Agency (PCSA) response to a report of child abuse or neglect that encourages engagement of the family in a comprehensive evaluation of the child’s current and future safety needs, a fact-finding process to determine whether child abuse or neglect occurred, and the circumstances surrounding the alleged harm or risk of harm. The ODJFS director must adopt rules setting forth the procedures and criteria for the PCSAs to assign and reassign response pathways.
Ohio	2011	H. 153, Sec. 2151.412	Child Protective Services: Intake and Investigation	Requires each Public Children’s Services Agency (PCSA) to prepare and maintain a case plan or a family service plan for any child receiving in-home services from the agency pursuant to an alternative response.
Ohio	2011	H. 153, Sec. 2151.429	Child Protective Services: Intake and Investigation	Requires the Public Children’s Services Agency (PCSA) to use the traditional response for the following types of accepted reports: 1) physical abuse resulting in serious injury or that creates a serious and immediate risk to a child’s health and safety, 2) sexual abuse, 3) child fatality, 4) reports requiring a specialized assessment as identified by a rule adopted by ODJFS, and 5) reports requiring a third-party investigative procedure as identified by a rule adopted by ODJFS.
Ohio	2011	H. 153, Sec. 309.50.10	Child Protective Services: Intake and Investigation	Requires that the Ohio Department of Job and Family Services (ODJFS), in accordance with the evaluation of the Ohio Alternative Response Pilot Program, plan the statewide expansion of the pilot program on a county-by-county basis, through a schedule that ODJFS is to determine. The program, to be known as the Differential Response Approach, refers to an approach that a Public Children’s Services Agency (PCSA) may use to respond to accepted reports of child abuse or neglect with either an alternative assessment response or a traditional response.
Oklahoma	2010	HB 3292, Chap. 324, Sec. 3	Adoption: Adoption-Related Provisions	Provides for adoption assistance payments on behalf of a child subject to the jurisdiction of Oklahoma but residing in another state.
Oklahoma	2010	HB 3292, Chap. 324, Sec. 7510-1.5 D	Adoption: Adoption-Related Provisions	Requires that an adoptive parent of the child, when receiving adoption assistance, include proof of the child's enrollment in compulsory education in the Adoption Assistance Annual Review report.
Oklahoma	2010	HB 3292, Chap. 324, Sec. 7504-1.2 A	Adoption: Confidential Adoption Information/Post- Adoption Contact	Authorizes disclosure of the child’s medical and social history to the prospective adoptive parent without redacting identifying information when the potential adoptive parent is a kinship or relative caregiver for the minor, or the minor has lived in the potential adoptive parent’s home for two or more years, unless the department determines that redaction of such information is in the best interests of the child.
Oklahoma	2010	SB 1830, Chap. 220	Child Protective Services: Intake and Investigation	Stipulates that if the Department of Human Services determines that the alleged abuse or neglect of the child involves a child in the custody of the Office of Juvenile Affairs, the Department shall make a referral to the appropriate law enforcement agency for a possible criminal investigation.
Oklahoma	2010	HB 1741, Chap. 278	Courts and Legal Representation: Family and Juvenile Court Processes	Authorizes district courts to establish family drug courts; requires the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) to assist in developing family drug courts; and provides for procedural guidelines, fees and costs.
Oklahoma	2010	HB 1964, Chap. 358, Sec. 7	Foster Care: Kinship Care	Allows the court of each county to grant a qualified relative “custody by abandonment” of a minor if 1) the minor is residing full-time with the qualified relative and the qualified relative contributes the major degree of support for the minor, and 2) the qualified relative is unable to contact the parents or those who have legal custody of the minor, or the parents or others who have legal custody of the minor fail to or refuse to regain physical custody of the minor after a written request to do so by the qualified relative. “Qualified relative” means an adult grandparent, great grandparent, brother, sister, half-brother, half-sister, uncle, aunt, niece or nephew, or a spouse of a qualified relative. The law allows a qualified relative to arrange for, authorize and consent to day care; medical, psychological, dental and educational assessment and services; and the treatment, education and welfare of the minor or minors who are given to legal guardians by the Oklahoma Guardianship and Conservatorship Act. The relative may not consent to an adoption of the minor or minors.
Oklahoma	2010	HB 3292, Chap. 324	Services for Older Youth	Allows eligible individuals to receive independent living services from ages 16 to 18, during the time the individual is in the custody of the Department of Human Services or a federally recognized tribe, and in an out-of-home placement. The law also allows independent living services to continue to age 21, provided the individual is in the custody of the department or a federally recognized tribe because of abuse or neglect and is in an out-of-home placement at the time of his or her 18th birthday. In addition, it makes those who are age 16 or older, and have been released from the custody of the department or federally recognized tribe because of the entry of an adoption decree or guardianship order, eligible to receive independent living services until age 21.
Oklahoma	2010	HB 2920, Chap. 368	Shaken Baby Syndrome	Creates a task force to identify evidence-based models for reducing the incidence of abusive infant head trauma and death due to shaken baby syndrome and to develop a plan for implementing a model or models statewide to improve results.
Oklahoma	2011	HB 2136, Chap. 244	Child Fatality/Near Fatality	Allows the Oklahoma Commission on Children and Youth to disclose any previous child welfare encounters or investigations in cases involving a child who has died or nearly died and in which the person responsible for the child has been charged.
Oklahoma	2011	HB 2136, Chap. 244, Sec. 1	Child Protective Services: Intake and Investigation	Requires the Department of Human Services, upon receiving a report alleging abuse or neglect, to conduct an investigation, rather than an assessment, if the family has been the subject of an abuse or neglect petition or has been the subject of three or more referrals to the agency.
Oklahoma	2011	HB 1360, Chap. 129	Courts and Legal Representation: Guardians Ad Litem	In child abuse or neglect cases in which a child is unable to express his or her best interests, either because the child is pre-verbal, very young or for any reason is incapable of judgment and meaningful communication, directs an attorney or guardian ad litem to substitute his or her judgment for that of the child and to formulate and present a position that serves the best interests of the child. Such formulation must be accomplished through the use of objective criteria rather than solely through use of the attorney’s life experience or instinct.
Oklahoma	2011	HB 2136, Chap. 244, Sec. 2	Foster Care: Permanency	Requires the department to conduct a criminal background check of any adult in the home where the child is being reunified before a trial reunification of a child with this or her parent(s).
Oklahoma	2011	HB 2136, Chap. 244, Sec. 3	Foster Care: Permanency	Requires that all service providers involved in the case share relevant information with every entity influencing a child’s placement. Progress reports and critical incident reports must be submitted to the court in a child abuse or neglect action to assist in determining the child’s placement.
Oklahoma	2011	HB 1359, Chap. 17	Oversight/Administration/ Interagency Collaboration	Creates the Foster Care System Improvement Task Force to review the state’s foster care system and make recommendations to the Legislature and governor on areas of the system that need improvement. The purpose of the task force is to compare Oklahoma’s foster care system results to the federal Child and Family Services Review standards, review current practices in the state’s foster care system, study best practices that may help improve the system, and identify specific areas for improvement in the state’s foster care system. The task force is to issue a report to the Legislature and to the governor that includes the identified areas of the state’s foster care system that require improvement, desired results for children in the foster care system, compilation of best practices, accountability standards that will be used to measure the state’s success in meeting the desired outcomes, and the estimated cost of implementing the recommendations.
Oregon	2011	HB 2052, Chap. 141	Adoption: Adoption-Related Provisions	Stipulates that adoption subsidy payments may include, but are not limited to, the maintenance costs, medical and surgical expenses and other costs incidental to the care, training and education of the child. Such payments may not exceed the cost of providing comparable assistance in foster care and shall not be made after the adoptive child reaches age 18. Qualification for payments shall be determined and approved by the Department of Human Services before completion of the adoption proceeding, and shall be re-determined annually thereafter. The department may increase, decrease, suspend or terminate payments at any time, at its discretion. If payments are suspended or terminated before the child’s 18th birthday, the child’s parents may petition the Department of Human Services for a review of the case. The department shall afford the petitioner an opportunity for a hearing, which shall be held in the county the petitioner elects.
Oregon	2011	HB 2878, Chap. 120	Adoption: Adoption-Related Provisions	Specifies that the Department of Human Services may approve an application from an Oregon resident who is seeking to adopt a child in the custody of the Department of Human Services or a public child welfare agency in another state, or who is or has been under study or consideration by another public or private agency for placement and has an approved home study.
Oregon	2011	SB 522, Chap. 438	Courts and Legal Representation: Family and Juvenile Court Processes	Prohibits the court from awarding custody or parenting time to a parent convicted of first- or second-degree rape with respect to a child conceived as a result of that rape.
Oregon	2011	HB 2272, Chap. 190	Courts and Legal Representation: Guardians Ad Litem	Allows the court appointed special advocate (CASA) to inspect and copy a child’s records that are in the possession of the Department of Human Services or any hospital, school organization, doctor, nurse, psychologist, psychiatrist, police department or mental health clinic. The law allows these service providers to consult with the CASA regarding any records related to the child or ward involved in the case, without the consent of the child, ward or parents.
Oregon	2011	HB 3681, Chap. 697	Foster Care: Education of Children in Foster Care	States that those living temporarily in a school district for the primary purpose of attending a district school may not be considered residents of the district in which they are living temporarily, but shall be considered residents of the district in which they, their parents, their guardians or those in a parental relationship to them reside. If an individualized education program for the child has been developed, reviewed and revised by another school district and the child becomes a resident of a school district, the school district must implement the individualized education program developed by the other school district until a new individualized education program is developed.
Oregon	2011	SB 748, Chap. 431	Oversight/Administration/ Interagency Collaboration	Requires that those who conduct child abuse investigations and assess whether a child should be taken into protective custody and not returned to a parent or responsible person possess a bachelor’s, master’s or doctoral degree from an accredited institution of higher education. The law provides exceptions for anyone who was employed or otherwise engaged by the Department of Human Services to conduct investigations or make determinations before the effective date of this 2011 act, provided that employment or engagement for these purposes has been continuous and uninterrupted.
Oregon	2011	SB 964, Chap. 568	Oversight/Administration/ Interagency Collaboration	Requires the Department of Human Services and county partners to implement Strengthening, Preserving and Reunifying Families programs to provide family preservation and reunification services. The law allows the department to enter into contracts with and make payments to eligible programs. It directs the department to seek federal approval to access federal savings, accrued as a result of a reduction in the costs of foster and substitute care, to reinvest in programs. Further, it creates the Strengthening, Preserving and Reunifying Families Program Fund to supplement existing finds used for child welfare services. The measure requires the department and the juvenile court to include, in reasonable efforts considerations, determinations of whether preservation and reunification services provided by these programs are most likely to prevent or eliminate the removal of a child from the child’s home or most likely to make it possible for the child to safely return home.
Oregon	2011	HB 2183, Chap. 606	Reporting Child Abuse or Neglect	Determines that, if a person makes a false report of child abuse to the Department of Human Services or a law enforcement agency with the intent to influence a custody, parenting time, visitation or child support decision, it is a Class A violation.
Oregon	2011	HB 2652, Chap. 194	Termination of Parental Rights	Disqualifies anyone from serving as a fiduciary, health care representative, attorney-in-fact or surrogate if a prior court order terminated his or her parental rights or determined it unsafe for a protected person, principal, child, youth or youth offender, while ward of the court, to return to a person’s home. The law also provides that, when no longer incapable or incapacitated, the person may petition the court to remove the disqualification of the parent or former guardian.
Oregon	2011	SB 522, Chap. 438	Termination of Parental Rights	Authorizes the court to terminate the parental rights of a parent who is convicted of first- or second-degree rape with respect to a child conceived as a result of that rape. The law specifies that termination of parental rights does not relieve a parent of the obligation to pay child support.
Pennsylvania	2010	SB 1360, Act 101	Adoption: Birth-Parent Rights	States that the court, when providing a parent with notice that parental rights have been terminated, shall advise that parent of his or her continuing right to place and update personal and medical history information with the court and with the Department of Public Welfare. The law gives adoptive parents and birth relatives the ability to enter into a voluntary agreement for ongoing communication with each other and/or the child.
Pennsylvania	2010	SB 1360, Act 101	Adoption: Confidential Adoption Information/Post- Adoption Contact	Establishes a statewide confidential registry for the receipt, filing and retention of medical and social history information for all adoptions finalized or registered in the state.
Pennsylvania	2010	HB 2258, Act 115	Child Protective Services: Child Protection	Stipulates the conditions that must be met prior to placement of a child.
Pennsylvania	2010	HB 2258, Act 115	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Determines that reasonable efforts must be made to place a child in foster care with any siblings.
Pennsylvania	2010	HB 2338, Act. 119	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Creates the Children in Foster Care Act, which provides certain rights to children.
Puerto Rico	2011	L 0160	Adoption: Adoption-Related Provisions	Grants maternity and paternity leave in cases of adoption of children age 6 and older.
Puerto Rico	2011	L 0247	Adoption: Adoption-Related Provisions	Allows potential adopters residing in any state to participate in the Voluntary Adoption Registry of Puerto Rico, provided that anyone who resides or is in a marriage in any state and wishes to be considered a suitable adoptive home must apply at their own expense. The law specifies that the Administration of Children and Families will conduct the required adoption social study. It also creates a Candidate Selection Panel that will evaluate adoption applications and eliminates the requirement for six months of continuous residency in Puerto Rico for adopters.
Puerto Rico	2011	L 0163	Child Protective Services: Child Protection	Prohibits those subject to the Registry of Persons Convicted of Sexually Violent Crimes and Abuse Against Children from establishing residence within 500 feet of any elementary, middle or high school or child care establishment.
Puerto Rico	2011	L 246, Article 16	Child Protective Services: Child Protection	Establishes that the Department of Family will investigate reports or complaints of child abuse. A social worker will analyze the well-being, safety and protection of a minor and submit a safety plan to the parents. The law further states that the minor’s parents can either sign the safety plan developed and follow the requirements, or refuse to sign, which will immediately result in the removal of the minor from the home. The Department of Family will request the court to review the case within 72 hours, during which time there shall be no contact between the parents and minor. The law establishes that imminent risk must be present in circumstances when immediate removal of the child from the parent’s home is necessary. It defines imminent risk as any situation of danger to the health, safety, and physical and sexual and/or emotional well-being of a minor.
Puerto Rico	2011	L 246, Article 16	Courts and Legal Representation: Family and Juvenile Court Processes	Requires that the judicial branch receive training and education for its staff on child abuse and protection.
Puerto Rico	2011	L 0087	Oversight/Administration/ Interagency Collaboration	Requires the Department of Education, in coordination with the Department of Family and the Office of Youth Affairs, to establish mechanisms and systems for publishing and disseminating information about the Child’s Bill of Rights.
Puerto Rico	2011	L 0156	Prevention, Treatment of Abuse and Training	Requires the Administration on Children and Families to develop a training/orientation guide for early intervention for use by the caregivers of children who have been exposed to domestic violence.
Puerto Rico	2011	L 0087	Reporting Child Abuse or Neglect	Creates a 24-hour, seven-day hotline for reporting suspected child abuse or neglect. The hotline will be managed by the Department of Family, which is required to adopt the necessary regulations and procedures for establishing and maintaining the hotline.
Rhode Island	2010	SB 2872, Chap. 370	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Creates a special 21-member legislative commission to study the challenges of ensuring educational stability and success of children and youth involved in child welfare from pre-kindergarten to college.
Rhode Island	2010	SB 2209, Chap. 182	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Requires that the Department of Children, Youth and Families promulgate a statement of foster parents’ rights. These rights are to define the role of foster parent with the child welfare team and to include rights related to training, timely sharing of appropriate information, confidentiality, access to support services, timely financial reimbursement, alleged licensing violations and/or child abuse, and the appeals process.
Rhode Island	2011	HB 5453, Chap. 239	Adoption: Confidential Adoption Information/Post-Adoption Contact	Allows an adult adoptee who was born in Rhode Island to obtain, through the Division of Vital Records, a non-certified copy of the adoptee’s unaltered, original certificate of birth. The law specifies that procedures, filing fees and waiting periods are to be identical to those imposed upon non-adopted citizens of the state. The division shall prescribe and, upon request, make available to each birth parent of an adoptee named on the original birth certificate, a contact preference form on which the birth parent may state a preference regarding contact by an adoptee who is the birth child of the birth parent. Provides the birth parent with an updated medical history form that may be completed and returned to the Passive Voluntary Adoption Mutual Consent Registry.
Rhode Island	2011	HB 5815, Chap. 318	Child Protective Services: Child Protection	Removes references to serious physical injury to provide that any physical injury inflicted upon a child shall be considered second-degree child abuse.
South Carolina	2010	HB 3779, Act 252	Courts and Legal Representation: Guardians Ad Litem	Specifies that children must be appointed a guardian ad litem by the family court. The family court may appoint legal counsel for the child. Counsel for the child may not be the same as counsel for: the parent, legal guardian or other person subject to the proceeding; any governmental or social agency involved in the proceeding; or the child's guardian ad litem. Parents, legal guardians or others subject to any judicial proceeding are entitled to legal counsel. Those unable to afford legal representation must be appointed counsel by the family court.
South Carolina	2010	SB 1134, Act 214	Foster Care: Education of Children in Foster Care	Enacts the South Carolina Education Bill of Rights for Children in Foster Care Act to provide that school districts shall take certain measures to help ensure that the educational needs of children in foster care are met.
South Carolina	2010	SB 1172, Act 160	Foster Care: Permanency	Allows the family court to authorize the Department of Social Services to terminate or forego reasonable efforts to preserve or reunify a family when the court determines that the parent has a diagnosable condition unlikely to change within a reasonable time.
South Carolina	2010	HB 3800, Act 227	Reporting Child Abuse or Neglect	Requires inclusion of school attendance officers, school administrators, foster parents, juvenile justice workers and guardians ad litem for a child on the list of people who must report certain allegations of child abuse or neglect, and encourages other people to report abuse.
South Dakota	2010	HB 1265, Chap. 139	Child Protective Services: Intake and Investigation	States that law enforcement or Department of Social Services personnel may interview a child out of the presence of the child's parents, guardian or custodian without advance notice or consent.
South Dakota	2010	HB 1265, Chap. 139	Courts and Legal Representation: Guardians Ad Litem	States that a court may appoint an attorney for any child or any party to child welfare-related proceedings, without the request of the party, if the court deems that representation by an attorney is necessary to protect the party's interests.
Tennessee	2010	HB 852, Chap. 1031	Child Fatality/Near Fatality	Requires the commissioner of Children’s Services to provide a report on the fatality or near fatality of any child in the custody of the department within 10 business days of the fatality or near fatality. The law requires the report to be provided to the members of the Senate and House of Representatives who are serving on the Select Committee on Children and Youth and represent the jurisdiction in which the child resides.
Tennessee	2010	HB 2765, Chap. 1060	Child Protective Services: Child Protection	Creates the Second Look Commission to review an appropriate sampling of cases involving a second or subsequent incident of severe child abuse to provide recommendations and findings to the General Assembly about whether severe child abuse cases are handled in a manner that provides adequate protection to the state’s children.
Tennessee	2010	SB 2584, Chap. 820	Courts and Legal Representation: Family and Juvenile Court Processes	Requires that a court's placement recommendation regarding a child in the custody of the Department of Children's Services shall be based upon a preponderance of the evidence.
Tennessee	2010	SB 2797, Chap. 881	Foster Care: Child Welfare Agency Responsibilities	Requires a child-placing agency to collect the medical and social history of a foster child and the child's biological family within 30 days of foster care placement.
Tennessee	2010	SB 3000, Chap. 887	Foster Care: Child Welfare Agency Responsibilities	States that the efforts of the Department of Children’s Services or an agency to assist a parent or guardian in establishing a suitable home for the child may be found to be reasonable if such efforts exceed the efforts of the parent or guardian toward the same goal, when the parent or guardian is aware that the child is in the custody of the department.
Tennessee	2010	HB 3454, Chap. 738	Foster Care: Education of Children in Foster Care	Requires that permanent educational records for students who have been in state custody be forwarded to the Department of Children’s Services when a department provider agency school ceases operation or when the department no longer contracts with the provider agency.
Tennessee	2010	HB 3114, Chap. 1065	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires that foster care services be made available on a voluntary basis to anyone who is at least age 18 but younger than age 21 and was in the custody of the department at the time of his or her 18th birthday. Services also must be made available to any appropriately aged person who is 1) completing secondary education or a program leading to an equivalent credential; 2) enrolled in an institution that provides post-secondary or vocational education; 3) participating in a program or activity designed to promote, or remove barriers to, employment; 4) employed for at least 80 hours per month; or 5) incapable of doing any of the activities described in 1 to 4 because of a medical condition, including a developmental or intellectual condition, for which incapability is supported by regularly updated information in his or her permanency plan. In such cases, the person must be in compliance with a course of treatment as recommended by the Department of Children’s Services (DCS). The law also makes foster care services available to anyone who meets the requirements above but refused such services at the time of his or her 18th birthday if at any time he or she seeks to regain foster care services before reaching age 21. Financial assistance available to foster children, foster parents, permanent guardians or adoptive parents also would be available to anyone who is in DCS custody pursuant to this bill and to his or her foster parents, permanent guardians or adoptive parents.
Tennessee	2010	SB 2585, Chap. 821	Foster Care: Permanency	Requires that, before awarding permanent guardianship of a child in foster care, the court must make a finding that the Department of Children’s Services or a licensed child-placing agency that has custody of the child made reasonable efforts to place the child for adoption and that permanent guardianship is in the child’s best interests.
Tennessee	2010	SB 2587, Chap. 842	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Gives parents the right to attend and participate in foster care permanency plan reviews.
Tennessee	2010	SB 2974, Chap. 662	Funding of Child Welfare Services	Removes the provision that requires a county to pay the state for the actual daily cost to the state of a child’s stay in state custody, requires the Department of Children’s Services to provide a report regarding commitments to state custody and authorizes a collaborative planning process.
Tennessee	2010	HB 3850, Chap. 1044	Oversight/Administration/ Interagency Collaboration	Requires the Commissioner of the Department of Children's Services to promote collaboration and accountability among local, public and private programs to improve the lives of children and families.
Tennessee	2010	HB 3753, Chap. 1105	Prevention, Treatment of Abuse and Training	Proposes that interior advertising space on public transportation buses, as available, be used to promote the existence of a parental help line organized by Prevent Child Abuse Tennessee. The law stipulates that the Department of Education must require local education agencies to distribute information regarding the help line. It also states that the Department of Human Services must require licensed child care facilities to distribute information about the help line.
Tennessee	2010	SB 3267, Chap. 979	Reporting Child Abuse or Negelct	Requires reports of child abuse to include the name, address, telephone number and age of the child and the person responsible for their care; stipulates that if the Department of Children’s Services receives information containing references to alleged human trafficking or child pornography, the department shall notify the appropriate law enforcement agency immediately; and requires immediate reporting of known or alleged child abuse by any employee of the school system.
Tennessee	2010	SB 2341, Chap. 915	Termination of Parental Rights	Terminates parental rights if the parent fails to take the corrective measures needed for the child to return home safely. The law specifies that a court may restore the rights and responsibilities of the birth parent pursuant to present law if the adoptive parent so surrenders the child. The law states that the adoptive parent is not required to pay future child support or other future financial responsibilities.
Tennessee	2011	HB 1332, Chap. 314, Sec. 1	Child Protective Services: Child Protection	Prohibits victims of severe child abuse from being returned to the custody or residence of any person who engaged in abuse of the child or knowingly failed to protect the child from the abuse unless the court finds, on the basis of clear and convincing evidence, that the child will be provided a safe home, free from further abuse.
Tennessee	2011	HB 1332, Chap. 314, Sec. 2	Child Protective Services: Child Protection	Adds to the definition of child abuse the knowing exposure of a child to, or the knowing failure to protect a child from, abuse or neglect that is likely to cause serious bodily injury or death.
Tennessee	2011	HB 1329, Chap. 313	Courts and Legal Representation: Family and Juvenile Court Processes	Allows the court to order those convicted of child abuse to refrain from having any contact with the victim of the offense, which may include attempted contact through Internet services or social networking websites, provided that the person has no parental rights to such victim at the time of the court’s order.
Tennessee	2011	SB 725, Chap. 410	Oversight/Administration/ Interagency Collaboration	Requires the oversight responsibility and other functions of the legislative joint Select Committee on Children and Youth to be returned to the appropriate legislative standing committees.
Texas	2011	HB 848, Chap. 484	Child Protective Services: Child Protection	Allows a parent to enter into an authorization agreement with a relative or other person with whom a child is placed under a parental child safety placement agreement approved by the Department of Family and Protective Services. The law allows the person to authorize medical treatment, enroll the child in school, obtain health insurance coverage and other similar acts during an investigation of child abuse or neglect or while the department is providing services to the parent.
Texas	2011	SB 218, Chap. 598, Sec. 1	Child Protective Services: Child Protection	Relates to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems. The law prohibits the Department of Family and Protective Services from entering into any case closure agreements, including a written agreement with a child’s parent or other adult with whom the child resides that requires the parent or other adult to take certain actions after the case is closed to ensure the child’s safety.
Texas	2011	SB 218, Chap. 598, Sec. 2	Child Protective Services: Child Protection	Requires the Department of Family and Protective Services to develop policies to guide caseworkers in the emergency removal of children younger than age 11 upon discovering that a child has a sexually transmitted disease. The bill further establishes procedures for filing an application for a protective order for possession of the child unless the department determines that emergency removal of the child is not necessary.
Texas	2011	SB 993, Chap. 1071	Child Protective Services: Child Protection	Authorizes a parental child safety placement (PCSP), which functions in lieu of a formal removal by the Department of Family and Protective Services, and allows the parent to choose, with department approval, a relative willing to temporarily take the child. The law establishes minimum guidelines for PCSPs, including required documentation, establishment of a visitation plan, and methods to provide for necessities such as health care and education. It further clarifies that a PCSP does not imply admission of child abuse and neglect on behalf of a parent. The law requires the department to develop policies for evaluating a potential caregiver’s qualifications to care for a child, to establish notification requirements regarding a determination that it is not in the child’s best interests to be placed with the caregiver, and to develop a plan for the safe return of the child to the parent or another person legally entitled to possession of the child.
Texas	2011	HB 3234, Chap. 568	Child Protective Services: Intake and Investigation	Requires the Department of Family and Protective Services to establish guidelines that prioritize requests to release child abuse or neglect investigation and service provision information records.
Texas	2011	HB 253, Chap. 222	Courts and Legal Representation: Family and Juvenile Court Processes	Allows a court to issue a temporary restraining order in a suit by the Department of Family and Protective Services for removal of an alleged perpetrator if the department’s petition states facts sufficient to satisfy the court that the parent or other adult with whom the child resides is likely to make a reasonable effort to monitor the residence and report to the department and law enforcement agency any attempt by the alleged perpetrator to return to the residence.
Texas	2011	HB 3314, Chap. 573	Courts and Legal Representation: Guardians Ad Litem	Requires a child’s attorney ad litem, if a child is not present at a court hearing, to file a written statement with the court indicating that the attorney ad litem met with the child or the child’s parent or caretaker.
Texas	2011	SB 1026, Chap. 647	Courts and Legal Representation: Guardians Ad Litem	Establishes the powers and duties of an attorney ad litem appointed by the court to represent the interests of a parent in a suit filed by a governmental entity in which termination of the parent-child relationship is requested or in a suit filed by a governmental entity requesting temporary managing conservatorship of a child. The law also establishes the powers and duties of an attorney ad litem appointed to represent the interests of an alleged father in such a suit and authorizes the court to appoint the attorney ad litem to continue to represent the alleged father’s interests as a parent if the alleged father is adjudicated to be a parent of the child and is determined by the court to be indigent.
Texas	2011	HB 807, Chap. 724	Foster Care: Child Welfare Agency Responsibilities	Requires the Department of Family and Protective Services to provide written notice within 48 hours to a residential child care facility and any child-placing agency involved with a child before the department may change the child’s residential child care facility.
Texas	2011	SB 218, Chap. 598, Sec. 7	Foster Care: Child Welfare Agency Responsibilities	Requires the Department of Family and Protective Services to collect and report information on services and results for current and former foster care youth for use in the National Youth in Transition Database, as required by federal law.
Texas	2011	SB 218, Chap. 598, Sec. 10	Foster Care: Other Provisions	Exempts from having to pay driver’s license fees those who are younger than age 18 or who are at least age 18 and younger than age 21, are in the care of the Department of Family and Protective Services, and are residing in a foster care placement.
Texas	2011	HB 3531, Chap. 843	Foster Care: Physical and Mental Health	Requires the Health and Human Services Commission to implement a system under which the commission is to use Medicaid prescription drug data to monitor the prescribing of psychotropic drugs for children who are under conservatorship of the Department of Family and Protective Services.
Texas	2011	HB 2170, Chap. 791, Sec. 1	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Creates a Foster Child Bill of Rights for children in foster care that is to include rights to food, shelter and education; medical, dental, vision and mental health services; emergency behavioral intervention; placement with siblings; privacy; participation in school-related extracurricular or community activities; interactions with people outside the foster care system; contact and communication with caseworkers, attorneys ad litem, guardians ad litem and court appointed special advocates; participation in religious activities; confidentiality of records; job skills, personal finances and preparation for adulthood; participation in court hearings involving the child; and advocacy for and protection of any disability rights for the child. The law requires the Department of Family and Protective Services to provide a written copy and oral review of the Bill of Rights to each child in foster care in the child’s primary language. It further requires the department to promote participation of foster children and former foster children in educating other foster children about the Bill of Rights and in developing and implementing a policy for receiving and handling reports that the rights of a foster child are not being observed.
Texas	2011	HB 2170, Chap. 791, Sec. 2	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Requires the Department of Family and Protective Services to ensure that each child in foster care who is age 16 or older annually obtains a free copy of his or her credit report and information regarding interpreting the report and correcting inaccuracies, until the child is discharged from foster care.
Texas	2011	SB 218, Chap. 598, Sec. 4	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Requires an original service plan for a child to be developed jointly by the child’s parents and a representative of the Department of Family and Protective Services or other authorized agency, including informing the parents of their rights in connection with the service plan process.
Texas	2011	SB 218, Chap. 598, Sec. 11	Funding of Child Welfare Services	Authorizes the Health and Human Services Commission to use alternative payment rates for foster care under the newly redesigned system for 24-hour residential child care. The law also allows the alternative rates to include incentive payments and funding for additional services. It prohibits the alternative rates from exceeding the amounts appropriated for foster care and other purchased services for any fiscal year, except to the extent that an increase in total foster care expenditures is the direct result of caseload growth.
Texas	2011	SB 218, Chap. 598, Sec. 11	Oversight/Administration/ Interagency Collaboration	Requires the Department of Family and Protective Services to implement a redesign of the foster care system in accordance with the recommendations contained in the department’s December 2010 Foster Care Redesign report submitted to the Legislature. The redesign is to include the following goals: children are safe in their placements, children are placed in their home communities, children are served in the least restrictive environment, connections to siblings and family are maintained, services respect the child’s culture, children and youth are prepared to successfully make the transition to adulthood, and children and youth are provided opportunities to participate in decisions that affect their lives.
Texas	2011	SB 434, Chap. 608	Oversight/Administration/ Interagency Collaboration	Establishes a task force to examine the relationship between family violence and child abuse and neglect and to develop related policy recommendations and comprehensive statewide best practices guidelines for both child protective services and family violence shelter centers. Members of the task force are to include representatives from the Department of Family and Protective Services; statewide family violence, sexual assault and child abuse advocacy organizations; the mental health system; the judicial system; the University of Texas School of Law’s Domestic Violence and Children’s Rights Clinics; and law enforcement agencies. The legislation requires a report that describes the activities of the task force, its findings and proposed policy recommendations to be submitted to the governor, lieutenant governor, the speaker of the House of Representatives and the appropriate committees of the House and Senate no later than Sept. 1, 2012.
Texas	2011	SB 501, Chap. 121	Oversight/Administration/ Interagency Collaboration	Establishes the Interagency Council for Addressing Disproportionality to examine the level of disproportionate involvement of children who are members of a racial or ethnic minority group in child welfare, juvenile justice and mental health systems. The council is to make recommendations to reduce the involvement of such children in the child welfare, juvenile justice and mental health systems; improve the children’s success in the educational system; and help the Health and Human Services Commission eliminate health and health access disparities in Texas among racial, multicultural, disadvantaged, ethnic and regional populations. The council is to include representatives from agencies including the Texas Education Agency; the Center for Elimination of Disproportionality and Disparities within the Health and Human Services Commission; the Department of Aging and Disability Services; the Texas Youth Commission; the Department of Family and Protective Services; the Office of Court Administration of the Texas Judicial System; the Permanent Judicial Commission for Children, Youth and Families; and a former foster youth. The council is to review delivery of public and private child welfare, juvenile justice and mental health services to evaluate the disproportionate rates of use of the services by children who are members of a racial or ethnic minority group. Further, the council is to prepare a report consisting of its findings and recommendations and an implementation plan that is to be submitted to the Legislature no later than Dec. 1, 2012.
Texas	2011	SB 1154, Chap. 435	Prevention, Treatment of Abuse and Training	Establishes a task force to develop a strategy to reduce child abuse and neglect and to improve child welfare. The law provides for the appointment and qualifications of members and sets provisions related to task force administration. The law requires the task force to identify all existing programs in Texas related to reducing child abuse and neglect or to improving child welfare and, of the programs identified, those that receive state money. It also sets the duties of certain state agencies required to support the task force and requires the task force to consult with employees of those agencies. The task force also is authorized to consult with certain private foundations to accomplish the task force responsibilities. The law requires the task force to review its funding strategies and develop proposals for expanding funding sources, authorizes the task force to accept gifts and grants, and establishes the child abuse reduction task force account in the general revenue fund.
Texas	2011	SB 218, Chap. 598, Sec. 9	Prevention, Treatment of Abuse and Training	Stipulates that the Department of Family and Protective Services must require caseworkers to receive training related to the benefits of using a protective order to protect a child from maltreatment as an alternative to removing the child from his or her home.
Texas	2011	SB 653, Chap. 85, Sec. 203.014	Reporting Child Abuse or Neglect	Requires the Department of Family and Protective Services to establish a permanent, 24-hour, toll-free number for information about the abuse, neglect or exploitation of children in the custody of the Texas Juvenile Justice Department. The law further requires that the number be prominently displayed in each department facility and that children in custody have confidential access to telephones to call the toll-free number. The Texas Juvenile Justice Department must share complaints received on the toll-free number with the Office of the Inspector General and the Office of the Independent Ombudsman.
Texas	2011	SB 218, Chap. 598, Sec. 8	Services for Older Youth	Entitles the Department of Family and Protective Services to obtain criminal history record information for specific people connected to an entity that provides supervised independent living services to a young adult who is receiving foster care services from the department.
Utah	2010	HB 239, Chap. 322	Child Protective Services: Intake and Investigation	Prohibits the Division of Child and Family Services from consenting to the interview of a child in custody by a law enforcement officer unless consent is obtained from the child’s guardian ad litem.
Utah	2010	HB 170, Chap. 56	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Requires that a written explanation be provided to a foster parent when a child is removed from the foster home. The law provides that, for a child who has been in a foster home for at least two years, the review that may be requested by a foster parent prior to removal shall be conducted by the juvenile court judge currently assigned to the child’s case or, if the judge is not available, another juvenile court judge. It states that it is unlawful for a person, with the intent to avoid compliance with the requirements described in this bill, to take action or encourage another to take action against the license of a foster parent or to remove a child from a foster home before the child has been placed with the foster parents for two years.
Utah	2011	HB 215, Chap. 343	Child Fatality/Near Fatality	Requires a child fatality review committee to provide an unredacted copy of a fatality review report to a Division of Child and Family Services director and a regional director or a designee. The law provides that an executive summary of fatality reviews is not admissible as evidence in civil, judicial or administrative proceedings and clarifies that the executive summary is a public document. It further requires that the Division of Child and Family Services allow public disclosure of the findings or information related to a case of child abuse or neglect that results in a child fatality or near fatality.
Utah	2011	HB 161, Chap. 281	Courts and Legal Representation: Guardians Ad Litem	Requires guardians ad litem to participate in child and family team meetings to represent the best interests of their clients.
Utah	2011	SB 286, Chap. 233	Foster Care: Other Provisions	Requires the Division of Child and Family Services to consider visitation with grandparents for children in state custody if the division determines the visitation to be in the child’s best interests, there are no safety concerns, allowing visitation would not compete with reunification, there is a substantial relationship between the grandparents and the child, and the visitation would not unduly burden the foster parents.
Utah	2011	HB 216, Chap. 167	Foster Care: Permanency	Creates a presumption that reunification services should not be provided to a birth mother if the court finds, by clear and convincing evidence, that the child has fetal alcohol syndrome or was exposed to an illegal or prescription drug that was abused by the child’s mother while the child was in utero and if the child was taken into custody for that reason, unless the mother agrees to enroll in, is currently enrolled in, or has recently and successfully completed a substance abuse treatment program. The law further permits a judge to waive the provisions of this bill if the judge finds that the substance abuse treatment was not warranted.
Utah	2011	HB 207, Chap. 98	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Establishes that, under a child and family service plan, the court has the option to identify verbally and in writing the responsibilities of a parent.
Vermont	2010	HB 507, Act 97	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires that youth in foster care who are nearing their 18th birthday receive services in alignment with federal law provisions and ensures that transition plans for these youth begin at least a year before they reach age 18. Modifies the existing standard for permanent guardianship; creates a new subsidy program for families who become permanent guardians of children in foster care; provides services to youth in foster care who are nearing their 18th birthday and ensures that transition plans for these youth begin at least a year before they reach age 18; and ensures that family members seeking custody of a related child receive information about options available through foster care and permanent guardianship.
Vermont	2011	HB 369, Act 61	Child Protective Services: Intake and Investigation	Grants authority to the Vermont Criminal Information Center, the Department for Children and Families, and the Department of Disabilities, Aging, and Independent Living to release criminal history records and child protection registry information to the Board of Medical Practice for the board’s use in evaluating an applicant, licensee or certification holder.
Vermont	2011	HB 426, Act. 19	Oversight/Administration/ Interagency Collaboration	Extends to Jan. 31, 2015, the state’s reporting requirements to the House Committee on Human Services and to the Senate Committee on Health and Welfare concerning the transportation of children in state custody. The law requires that the departments of Children and Families, Mental Health, Corrections, and State’s Attorneys and Sheriffs, with the offices of the defender general and the court administrator, provide the House Committee on Human Services and the Senate Committee on Health and Welfare with a letter detailing their findings and recommendations concerning protocols for the secure transport of children in state custody. The letter also must include findings on and recommendations for strategies to reduce the frequency and necessity of secure transports using mechanical restraints.
Virginia	2010	HB 443, Chap. 271	Adoption: Adoption-Related Provisions	Amends the eligibility and application process requirements for adoption assistance. The legislation also provides for separate maintenance and state special services payments to facilitate adoptive placements and ensure permanency for children with special needs. In addition, it allows payment to adoptive parents for nonrecurring expenses related to the adoption, such as court costs, attorney fees and costs related to the adoption study.
Virginia	2010	HB 750, Chap. 331	Adoption: Confidential Adoption Information/Post- Adoption Contact	Provides that in any case of pending adoption, birth and adoptive parents may enter into post-adoption contact and communication agreements.
Virginia	2010	HB 921, Chap. 334	Child Protective Services: Records	Requires local departments of social services to keep for 25 years all records related to cases of child sexual abuse involving injuries.
Virginia	2010	HB 747, Chap. 306	Courts and Legal Representation: Guardians Ad Litem	Allows a court to waive appointment of a guardian ad litem for a child in cases of step-parent or close- relative adoption.
Virginia	2010	HB 718, Chap. 192	Oversight/Administration/ Interagency Collaboration	States that the governor and the Department of Social Services, together with other appropriate executive branch agencies, shall develop a plan to increase the safe and permanent placement of children with families to reduce the number of children in foster care by 25 percent by 2020.
Virginia	2010	SB 284, Chap. 664	Reporting Child Abuse or Neglect	Adds the Department of State Police and circuit courts to the list of entities required to report information for inclusion in the Virginia Child Protection Accountability System, which collects and makes available to the public information about the response to reported cases of child abuse and neglect in the Commonwealth. The required information includes: abduction with intent to extort money or for immoral purpose; rape; carnal knowledge of a child between 13 and 15 years of age; carnal knowledge of certain minors; forcible sodomy; object sexual penetration and penalty; aggravated sexual battery and penalty; sexual battery; taking, detaining, etc., person for prostitution, etc., or consenting thereto; crimes against nature and penalty; adultery and fornication by persons forbidden to marry; incest; taking indecent liberties with children and penalties; sex offenses prohibiting proximity to children and penalty; causing or encouraging acts rendering children delinquent, abused, etc. and penalty; abandoned infant; abuse and neglect of children and penalty; abandoned infant; production, publication, sale, financing, etc., of child pornography; presumption as to age; severability; possession, reproduction, distribution, solicitation, and facilitation of child pornography and penalty; use of communications systems to facilitate certain offenses involving children; indecent exposure; and cruelty and injuries to children and penalty; and abandoned infants.
Virginia	2010	SB 415, Chap. 257	Services for Older Youth	Requires local departments to provide any persons who choose to leave foster care or terminate independent living services before his or her 21st birthday written notice of his or her right to request restoration of independent living services.
Virginia	2010	HB 411, Chap. 551	Shaken Baby Syndrome	Requires the Department of Social Services to make information about shaken baby syndrome available in print and audiovisual formats on a Web site maintained by the department, and to inform every child welfare program licensed by the department about the information.
Virginia	2011	HB 1868, Chap. 784	Adoption: Confidential Adoption Information/Post-Adoption Contact	Requires the State Registrar of Vital Records to mail an adult adoptee’s original certificate of birth to him or her upon order of the commissioner of Social Services or order of a circuit court.
Virginia	2011	HB 1767, Chap. 5	Child Protective Services: Child Protection	Makes background checks of adult household members mandatory when local boards of social services and licensed child-placing agencies are considering placing a child in a home on an emergency, temporary or permanent basis.
Virginia	2011	HB 1898, Chap. 785	Child Protective Services: Child Protection	Provides that the abduction of a minor for the purpose of manufacturing child pornography is a Class 2 felony. The law also provides that anyone who receives any money or other valuable things for or on account of causing any person to engage in forced labor or services, concubinage, prostitution, or the manufacture of any obscene material or child pornography is guilty of a Class 4 felony.
Virginia	2011	HB 1984, Chap. 9	Foster Care: Child Welfare Agency Responsibilities	Establishes that, in cases where a child cannot be returned to his or her family or cannot be placed for adoption, or where kinship care is not in the best interests of the child, the Department of Social Services shall consider other placements and services that afford the best alternative for protecting the child’s welfare. These include family foster care; treatment foster care and residential services; and services such as wraparound, respite, mentoring, adoption support and crisis stabilization that may be in the best interests of the child.
Virginia	2011	SB 1038, Chap. 154	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Allows a child placed in foster care to remain at his or her original school, if it is determined to be in his or her best interests. The law requires that determination of the school placement be made in writing by the placing social services agency and the local school division together and adds the school placement to the foster care plan.
Virginia	2011	SB 1037, Chap. 730	Foster Care: Permanency	Eliminates independent living as a permanency goal option for foster care plans approved on or after July 1, 2011, except in cases involving children admitted to the United States as refugees or asylees who are age 16 years or older.
Virginia	2011	HB 1679, Chap. 397	Funding of Child Welfare Services	Authorizes the State Executive Council for Comprehensive Services for At-Risk Youth and Families to deny funding to a locality if services are not provided in compliance with applicable state law or policy or federal law. The law also establishes timelines for developing policies governing denial of funding by the State Executive Council, and provides that the provisions of this act shall apply to services provided on or after July 1, 2011.
Washington	2010	HB 2596, Chap. 176	Child Protective Services: Intake and Investigation	Requires the county Department of Social and Health Services to include child advocacy centers (CACs) and community sexual assault programs when coordinating and conducting an investigation; adds CACs and community sexual assault programs to the list of entities to be included in the development of county-based protocols for the investigation of child sexual abuse, child abuse, criminal child neglect and child fatalities.
Washington	2010	HB 3124, Chap. 214	Child Protective Services: Intake and Investigation	Requires that when a child under age 13 is present in the car of a parent or legal custodian or guardian being arrested for a drug- or alcohol-related driving offense, the arresting law enforcement officer must promptly notify child protective services.
Washington	2010	HB 2680, Chap. 272	Courts and Legal Representation: Guardians Ad Litem	Allows foster parents, relatives and other suitable people with whom the child has been placed to be eligible to be guardians. Notice of a proposed guardianship must be given to all parties. The court must appoint a guardian ad litem or attorney for the child in the guardianship proceedings. The court may direct the guardian ad litem or attorney appointed in the underlying dependency proceeding to also serve the child in the guardianship proceeding or may appoint a different guardian ad litem or attorney.
Washington	2010	HB 2735, Chap. 180	Courts and Legal Representation: Guardians Ad Litem	Extends the right to request legal counsel in dependency and termination proceedings to children and youth age 12 and older. The court shall appoint a guardian ad litem.
Washington	2010	HB 2680, Chap. 272	Foster Care: Permanency	Sets forth processes for the establishment, modification and termination of guardianships for children in foster care. The law also removes dependency guardianships as future permanency options for children in foster care.
Washington	2010	SB 6832, Chap. 291	Oversight/Administration/ Interagency Collaboration	Adds a foster youth to the child welfare transformation design committee and extends two deadlines.
Washington	2010	HB 2735, Chap. 180	Termination of Parental Rights	Terminates parental rights if the parent fails to take the corrective measures needed for the child to return home safely. Dependent child may petition the court to reinstate the previously terminated parental rights of his or her parent if the child is age 12 or older and has not achieved a permanency plan.
Washington	2011	HB 1105, Chap. 61	Child Fatality/Near Fatality	Requires the Department of Social and Health Services to conduct a child fatality review in cases of suspected child abuse or neglect. The department must consult with the Office of the Family and Children’s Ombudsman to determine whether a review should be conducted if it is not clear whether a child’s death was the result of child abuse or neglect. The department must ensure that those assigned to a child fatality review team have no previous involvement in the child’s case and that the review team includes members who have professional expertise pertinent to the dynamics of the case under review. The law specifies that the child fatality review report is subject to public disclosure and must be posted on the public website of the Department of Social and Health Services. In the event of a child fatality or near fatality in which the child was placed with or received services from a supervising agency affiliated with the Department of Social and Health Services, the department must promptly notify the Office of the Family and Children’s Ombudsman. It gives the Department of Social and Health Services and the child fatality review team access to all records and files from a supervising agency that provided services to the child while under contract with the department. The law also specifies that a child fatality or near fatality review is subject to discovery in a civil or administrative proceeding.
Washington	2011	HB 1774, Chap. 292, Sec. 3	Courts and Legal Representation: Family and Juvenile Court Processes	Allows a court to rely on the minor parent’s dependency court attorney or guardian ad litem to make a report to the court concerning whether any written consent to adoption or petition for relinquishment signed by the parent was done voluntarily.
Washington	2011	HB 1774, Chap. 292, Sec. 5	Courts and Legal Representation: Family and Juvenile Court Processes	Allows a court to appoint an investigator in addition to a guardian ad litem or court appointed special advocate (CASA) to assist the court and make recommendations in child abuse or neglect proceedings. An investigator is a third-party professional ordered or appointed by the court to provide an opinion, assessment or evaluation regarding the creation or modification of a parenting plan. The law requires investigators who are not supervised by guardians ad litem or by a CASA to comply with training requirements applicable to guardians ad litem or CASAs.
Washington	2011	HB 1697, Chap. 160, Sec. 1	Foster Care: Child Welfare Agency Responsibilities	Determines that making unannounced visits to caregivers’ homes is a method that the Department of Social and Health Services can use to ensure the safety of children in foster care.
Washington	2011	HB 1697, Chap. 160, Sec. 2	Foster Care: Child Welfare Agency Responsibilities	Requires the Department of Social and Health Services and supervising agencies to randomly select no fewer than 10 percent of the caregivers currently providing care to dependents to receive one unannounced face-to-face visit in the caregiver’s home per year. The law allows a visit to be announced if the caseworker makes a good-faith effort to conduct the unannounced visit and is unable to do so. It encourages the department and the supervising agencies to group monthly visits to caregivers by geographical area so that, in the event an unannounced visit cannot be completed, other required monthly visits may be completed.
Washington	2011	HB 1774, Chap. 292, Sec. 1	Foster Care: Child Welfare Agency Responsibilities	Establishes that the Department of Social and Health Services may consider placing a child, subject to court approval, with a person with whom a child’s sibling or half-sibling is residing or a person who has adopted the sibling or half-sibling of the child being placed, as long as the person has completed all required criminal history background checks and appears to the department or supervising agency to be competent to provide care for the child.
Washington	2011	HB 1128, Chap. 330, Sec. 7	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires the court to postpone for six months the dismissal of a dependency proceeding for any child who is a dependent child in foster care at age 18. The law specifies that, at the end of the six-month period, the court shall dismiss the dependency if the youth has not requested extended foster care services. It requires the court to appoint counsel to represent the youth in dependency proceedings during the time he or she is in extended foster care. It further requires that cases of youth in extended foster care be reviewed periodically. It also allows the court to dismiss the dependency if requested by the youth and requires the court to dismiss the dependency when the youth no longer is eligible to receive extended benefits.
Washington	2011	HB 1128, Chap. 330, Secs. 1, 3, 4, 5, 6, 8	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Declares the intent to fully engage in the federal Fostering Connections to Success Act of 2008 by providing support to age 21, including extended court supervision, to foster youth pursuing a high school diploma or GED, with the goal of increasing support to all children up to age 21 who are eligible under the federal Fostering Connections to Success Act of 2008, as resources become available.
Washington	2011	HB 1902, Chap. 163	Funding of Child Welfare Services	Creates a deduction for health or social welfare organizations from business and occupation taxes by allowing such organizations to deduct amounts received as compensation for providing child welfare services under a government-funded program.
Washington	2011	HB 1965, Chap. 32 , Sec. 7	Funding of Child Welfare Services	Requires that general funds intended to support home visiting funding shall be appropriated to the home visiting services account, to maximize opportunities to obtain matching funds from private entities.
Washington	2011	HB 1965, Chap. 32, Sec. 1	Oversight/Administration/ Interagency Collaboration	States that adverse childhood experiences determine a child’s ability to be successful at school, to avoid behavioral and chronic physical health conditions, and to build healthy relationships. The law identifies the primary causes of adverse childhood experiences and mobilizes public and private support to prevent harm to young children and to reduce accumulated harm of adverse experiences throughout childhood.
Washington	2011	HB 1965, Chap. 32, Sec. 2	Oversight/Administration/ Interagency Collaboration	Defines adverse childhood experiences to include indicators of severe childhood stressors, including child physical, sexual, or emotional abuse or neglect; alcohol or other substance abuse in the home; mental illness, depression or suicidal behaviors in the home; incarceration of a family member; witnessing intimate partner violence; and parental divorce or separation. The law states that adverse childhood experiences have been demonstrated to affect the development of the brain and other major body systems.
Washington	2011	HB 1965, Chap. 32, Sec. 3	Oversight/Administration/ Interagency Collaboration	Requires the secretary of the Department of Social and Health Services and the director of Early Learning to convene a planning group to develop goals and recommendations to advance the adverse childhood experiences initiative.
Washington	2011	HB 1774, Chap. 292, Sec. 2	Termination of Parental Rights	Adds to the list of circumstances under which a child may petition the court to reinstate his or her parental rights to include that the permanency plan has not been sustained or that three years have passed since the final order of termination was entered.
Washington	2011	SB 5656, Chap. 309, Sec. 10	Tribes	Requires the state to give full faith and credit to the public acts, records, judicial proceedings and judgments of any Indian tribe applicable to Indian custody proceedings.
Washington	2011	SB 5656, Chap. 309, Sec. 11	Tribes	Determines a right to counsel in child custody proceedings if the court determines that the Indian child’s parent or Indian custodian is indigent. Counsel may be appointed if the court finds that the appointment is in the best interests of the Indian child.
Washington	2011	SB 5656, Chap. 309, Sec. 14	Tribes	Authorizes a court to order emergency removal of an Indian child, including one who is a resident of or is domiciled on an Indian reservation but is temporarily located off the reservation, or the emergency placement of such child in a foster home or institution to prevent imminent physical damage or harm to the child. When the nature of the emergency allows, the Department of Social and Health Services must notify the child’s tribe before the removal has occurred. If prior notification is not possible, the Department of Social and Health Services must notify the child’s tribe by the quickest means possible.
Washington	2011	SB 5656, Chap. 309, Sec. 15	Tribes	Addresses voluntary consent to foster care placement by an Indian child’s parents or Indian custodian, including requiring that such consent be executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the judge’s certificate that the terms and consequences of the consent were fully explained in detail and were fully understood in English, or that it was interpreted into a language that the parent or Indian custodian understood.
Washington	2011	SB 5656, Chap. 309, Sec. 18	Tribes	Authorizes a new section establishing placement preferences. The court or agency effecting the placement must follow the tribe’s order of preference. The placement must be the least restrictive setting appropriate to the particular needs of the child, and where appropriate the preference of the Indian child or his or her parents must be considered. The law requires that nothing shall prevent the Department of Social and Health Services or the court from placing the child with a parent to effectuate a permanent placement, regardless of the parent’s relationship to the child’s tribe. When a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such a desire in applying the preferences.
Washington	2011	SB 5656, Chap. 309, Sec. 26	Tribes	Requires a guardian ad litem of an Indian child to know, understand and advocate the best interests of the Indian child.
Washington	2011	SB 5656, Chap. 309, Sec. 28	Tribes	Allows that a court may order a petition seeking termination of the parent and child relationship to be filed if, among other requirements, termination is recommended by the Department of Social and Health Services or the supervising agency of an Indian child.
Washington	2011	SB 5656, Chap. 309, Sec. 32	Tribes	Establishes that every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child. Where there is a finding that the federal Indian Child Welfare Act does apply, the decree or order also must contain a finding that all notice, consent and evidentiary requirements established by the act have been satisfied.
Washington	2011	SB 5656, Chap. 309, Sec. 5	Tribes	States that anyone who seeks foster care placement of, termination of parental rights over, or adoption of a child must make a good-faith effort to determine whether the child is an Indian child. This requires consultation with the child’s parent or parents, any person who has custody of the child or with whom the child resides, and any other person who reasonably can be expected to have information regarding the child’s possible membership or eligibility for membership in an Indian tribe. It also requires that such person contact any Indian tribe in which the child may be a member or may be eligible for membership.
Washington	2011	SB 5656, Chap. 309, Sec. 6	Tribes	Provides that an Indian tribe shall have conclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of that tribe, unless the tribe has consented to the state’s concurrent exclusive jurisdiction, the tribe has expressly declined to exercise its exclusive jurisdiction or the state is exercising emergency jurisdiction.
Washington	2011	SB 5656, Chap. 309, Sec. 7	Tribes	Mandates that the determination of the Indian status of a child shall be made as soon as practicable to serve the best interests of the Indian child and protect the interests of the child’s tribe. The law determines that, where a yribe provides no response to a notice under this section, such non-response shall not constitute evidence that the child is not a member or eligible for membership. Under such circumstance, however, the party asserting application of the federal Indian Child Welfare Act will have the burden of proving by a preponderance of the evidence that the child is an Indian child. A child denied Indian status may be re-determined based on new evidence, redetermination of tribal status, or newly conferred federal recognition of the tribe.
Washington	2011	SB 5656, Chap. 309, Sec. 8	Tribes	Establishes procedures for transferring jurisdiction to the Indian child’s tribe for any proceeding regarding the foster care placement of, or termination of parental rights to, an Indian child who is not domiciled or residing within the reservation of the Indian child’s tribe. A tribe is provided 75 days to affirmatively respond to a motion or order transferring jurisdiction to the tribal court.
Washington	2011	SB 5656, Chap. 309, Sec. 9	Tribes	Authorizes intervention by the Indian child, the Indian child’s tribe or tribes, and the Indian custodian in any child custody proceeding involving an Indian child.
Washington	2011	SB 5656, Chap. 309, Secs. 12-13	Tribes	Establishes a right of access to evidence and evidentiary requirements related to involuntary foster care placement and involuntary termination of parental rights for each party involving an Indian child. The law determines that any harm that may result from interfering with the bond or attachment between the foster parent and the child shall not be the sole basis or primary reason for continuing the child in foster care.
Washington	2011	SB 5656, Chap. 309, Secs. 1-4	Tribes	Establishes the Washington State Indian Child Welfare Act. The law determines that the state is committed to protecting the essential tribal relations and the best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children. It declares that the Department of Social and Health Services policy manual on Indian child welfare, the tribal state agreement, and relevant local agreements between individual federally recognized tribes and the department should serve as persuasive guides in interpreting and implementing the federal Indian Child Welfare Act, this act and other relevant state laws.
Washington	2011	SB 5656, Chap. 309, Secs. 16-17	Tribes	Addresses the improper removal of an Indian child and the removal of an Indian child from adoptive or foster care placement. The law establishes procedures to safely return the Indian child to the child’s parents or Indian custodian.
West Virginia	2010	HB 4164, Chap. 20	Foster Care: Child Welfare Agency Responsibilities	Establishes a pilot program for the placement of children ages 4 to 10 in foster care to provide young children in crisis with early intervention, and requires immediate evaluation and testing following removal from a home.
West Virginia	2010	SB 636, Chap. 25	Foster Care: Physical and Mental Health	Creates a commission to study the residential placement of children because of the current fragmented system, and establishes a mechanism to achieve systemic reform by which all the state's child-serving agencies involved in the residential placement of at-risk youth jointly and continually study and improve the current system.
West Virginia	2011	SB 35, Chap. 170	Adoption: Adoption-Related Provisions	Raises the tax credit from $2,000 to $4,000 for non-family adoptions of children under age 18 at the time of adoption. This credit may, at the taxpayer’s option, be taken over a three-year period.
West Virginia	2011	HB 2750, Chap. 22	Child Protective Services: Child Protection	Makes the commission of a sexual assault or sexual abuse a basis for denying someone temporary or permanent custody of a minor child or children.
West Virginia	2011	SB 216, Chap. 21	Child Protective Services: Child Protection	Modifies the definition of imminent danger to the physical well-being of a child to include alcohol and substance abuse on the part of the parent, guardian or custodian.
West Virginia	2011	SB 186, Chap. 43	Child Protective Services: Intake and Investigation	Establishes the West Virginia State Police as the entity authorized to issue subpoenas to aid in criminal investigations involving certain crimes against minors, including administrative writs to Internet service providers in cases of suspected child pornography.
West Virginia	2011	HB 2860, Chap. 36	Oversight/Administration/ Interagency Collaboration	Requires the Governor’s Committee on Crime, Delinquency and Correction to develop and promulgate rules for identifying, investigating, reporting and prosecuting suspected child abuse and neglect for law enforcement agencies and for communications and emergency operations centers that dispatch law enforcement officers on child abuse cases. The legislation also requires an advisory committee to help develop the rules.
Wisconsin	2010	AB 485, Act 185	Courts and Legal Representation: Family and Juvenile Court Processes	Requires that a termination of parental rights warning be given to the parent or parents when the juvenile court orders a child to be placed outside the home because the child has been adjudged delinquent and when the juvenile court holds a hearing to review a child’s permanency plan.
Wisconsin	2010	AB 823, Act 336	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents and Caregivers	Requires that all foster parents complete training regarding the care and support needs of children who are placed in foster care or treatment foster care.
Wisconsin	2010	SB 517, Act 339	Interstate Compact on the Placement of Children	Adopts the Interstate Compact on the Placement of Children.
Wisconsin	2010	A 297, Act 82	Prevention, Treatment of Abuse and Training	Eliminates the caps on the number of urban counties, rural counties and Indian tribes that may participate in the Child Abuse and Neglect Prevention Program.
Wisconsin	2010	SB 6470, Chap. 288	Tribes	Addresses the burden of proof required in dependency matters affecting Native American children. The law stipulates that courts are prohibited from placing a Native American child in out-of-home care unless the court finds, by clear and convincing evidence, including the testimony of expert witnesses, that the continued custody of the child by the parent would likely result in serious emotional or physical damage.
Wisconsin	2011	AB 40, Act 32, Sec. 1332n	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires a county department or, in Milwaukee County, the Department of Children and Families, to provide subsidized guardianship payments for up to 12 months to an interim caretaker if the guardian dies, becomes incapacitated, resigns or is removed as a guardian under specified conditions.
Wisconsin	2011	AB 40, Act 32, Sec. 1332w	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Sets annual review and appeal procedures and requires the Department of Children and Families to promulgate rules to implement the new statewide subsidized guardianship program. The law authorizes monthly subsidized guardianship assistance payments to eligible guardians of eligible children in counties with populations of 750,000 or more. Eligibility requirements for the child include that the child has been removed from his or her home under a voluntary agreement or similar Tribal law or under a court order; the child has been residing in the home of the guardian for less than six consecutive months; return home or adoption are not appropriate permanency options for the child; the child has demonstrated a strong attachment to the guardian; and, if the child is age 14 or older, the child has been consulted regarding the guardianship arrangement. The law authorizes placement of a child’s siblings with the guardian and subsidized guardianship payments for the sibling even if the siblings do not meet these eligibility requirements and if the county department or Department of Children and Families in Milwaukee County and the guardian agree that it is appropriate to also place the siblings with the guardian.
Wisconsin	2011	AB 40, Act 32, Sec. 1335e	Foster Care: Fostering Connections to Success and Increasing Adoptions Act of 2008	Requires the Department of Children and Families to request a fingerprint-based check of the national crime information database for those seeking subsidized guardianship payments. It also requires that a check of the child abuse or neglect registry be conducted if that person has lived outside the state within the past five years.
Wisconsin	2011	AB 30, Act 87	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Creates an alternate procedure by which a parent may, without court involvement, delegate certain parental powers to an agent by a power of attorney, in cases related to the care and custody of a child. The law provides that delegation of parental powers does not deprive a parent of any of his or her powers regarding the care and custody of the child. In addition, a parent may revoke the delegation of parental powers at any time by executing a written revocation and notifying the agent in writing. It further provides that a parent may not place a child in foster care, a group home or an inpatient treatment facility by means of a delegation of parental powers as provided under this act. Under this act, as under current law, such placements may be made only by court order. The law provides that a delegation of parental powers does not prevent an agency, a sheriff or a police department from receiving and investigating a report of suspected or threatened abuse or neglect of the child; the child from being taken into and held in custody; an intake worker from conducting an intake inquiry; and a court from exercising jurisdiction over the child. It also establishes that, if a child is subject to the jurisdiction of the juvenile court under the Wisconsin Children’s Code, a parent of that child may not delegate parental powers unless the juvenile court approves the delegation. Those to whom parental powers are delegated, as well as entities that facilitate delegations of parental power, generally are subject to criminal history and child abuse record searches and to reporting of suspected or threatened child abuse or neglect. The law authorizes the Department of Children and Families to promulgate rules to implement the procedure for delegation of parental powers under this act.
Wisconsin	2011	SB 42, Act 81, Sec. 5	Prevention, Treatment of Abuse and Training	Requires each school board to require every school district employee to receive training in identifying children who have been abused or neglected and in reporting suspected or threatened child abuse and neglect. School district employees must receive that training within the first six months of employment and at least once every five years after the initial training.
Wisconsin	2011	SB 42, Act 81, Sec. 2	Reporting Child Abuse or Neglect	Determines that no one who makes a report of child abuse or neglect in good faith may be disciplined or otherwise discriminated against in regard to employment or threatened with any such treatment due to their report.
Wisconsin	2011	AB 40, Act 32	Tribes	Specifies that, if a county department of the Department of Children and Families knows or has reason to know that the child is an Indian child, the Indian child’s parent, Indian custodian and tribe will be provided with notice of the child’s placement in the home of the guardian.
Wisconsin	2011	AB 30, Act 87, Secs. 1D, 1G	Tribes	Adopts certain provisions of the federal Indian Child Welfare Act, including a provision stating that any delegation of parental powers under the act that is made for an Indian child prior to or within 10 days after the birth of the child is not valid. The law provides that a delegation of parental powers under the act that is made for an Indian child must be executed in writing, recorded before a judge, and accompanied by a written certification from the judge. It establishes that any parent of an Indian child who delegates parental powers under the act may withdraw the delegation for any reason at any time. In addition, the Indian child who is the subject of the delegation, or a parent of the Indian child or the child’s tribe, may move to invalidate the delegation on the grounds that it violated federal law pertaining to tribal jurisdiction.
Wyoming	2011	HB 28, Chap. 79	Courts and Legal Representation: Family and Juvenile Court Processes	Allows an initial hearing to be held in conjunction with a child protection shelter care hearing. The law eliminates the opportunity to admit or deny allegations at a shelter care hearing unless an initial hearing is held in conjunction with the shelter care hearing.
Wyoming	2011	HB 28, Chap. 79	Foster Care: Rights and Responsibilities of Foster Children, Birth Parents, Foster Parents, and Caregivers	Further clarifies that the party against whom a child protection-related petition has been filed must be advised of the right to a jury trial at the initial hearing.



Related Documents Human Services Child Welfare - Adoption Child Welfare - Child Abuse and Neglect Child Welfare - Child Welfare System Child Welfare - Federal Issues Child Welfare - Financing Child Welfare - Foster Care Child Welfare - Foster Care Child Welfare - Kinship Care Child Welfare - Minority Children
Issues & Resources Find the NCSLstaff member who handles the issue in which you are interested. NCSLprovides access to current state and federal legislation and a comprehensive list of state documents, including state statutes, constitutions, legislative audits and research reports. Members As legislators and legislative staff, you are part of the nation's largest, most influential and only bipartisan organization of state legislators and staff.Learn about the resources NCSL has for you. NCSL offers an array of services for legislative staff. Find out what's available.

Denver Office
Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230

Washington Office
Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001

©2013 National Conference of State Legislatures. All Rights Reserved.