The paper and diagram below describe the typical progression a child makes through a state welfare system. Each figure in the diagram below links to a specific decision point described in the paper, which begins immediately after the diagram. This chart provides a model, which highlights typical decision points on a child's journey through the current foster care system. Although the format is based on federal and common state law and practice, nevertheless it is only a model. Laws vary across states, as does the capacity and practices of child welfare agencies and courts to manage their caseloads.
This paper describes the typical progression a child makes through a state's child welfare system. Each state's child welfare agency is responsible for ensuring the safety and well being of children. Child welfare systems have several chief components: ·
Foster care full-time substitute care for children removed from their parents or guardians and for whom the state has responsibility. Foster care provides food and housing to meet the physical needs of children who are removed from their homes. ·
Child protective services (CPS) generally a division within the child welfare agency that administers a more narrow set of services, such as receiving and responding to child abuse and neglect allegations and providing initial services to stabilize a family. ·
Juvenile and family courts courts with specific jurisdiction over child maltreatment and child protection cases including foster care and adoption cases. In jurisdictions without a designated family court, general trial courts hear child welfare cases along with other civil and criminal matters. ·
Other child welfare services in combination with the above, these services address the complex family problems associated with child abuse and neglect. They include family preservation, family reunification, adoption, guardianship, and independent living. ·
"While 542,000 children were in foster care on September 30, 2001, 805,000 spent some time in care over the course of that year."1 ·
"Children in care in 2001 had been in foster care for an average of 33 months. More than 17 percent (91,217) of the children had been in care for 5 or more years."1 Once a child is known to the child welfare agency, he and his family become subject to a series of decisions made by judges, caseworkers, legal representatives, and others, all of whom have an important role to play. A child may encounter dozens of other new adults including foster parents, counselors, and doctors. "Most children (60%) enter foster care when removed from their homes by a child protective agency because of abuse and/or neglect. Others (17%) enter care because of the absence of their parents, resulting from illness, death, disability, or other problems. Some children enter care because of delinquent behavior (10%) or because they have committed a juvenile status offense (5%), such as running away or truancy. Roughly 5 percent of children enter care because of a disability."2 For many, it represents their only access to disability services, for example, mental health care for a child with severe emotional disturbance. In these rare instances, in states that allow such placements, a child is placed in foster care voluntarily at the request of his parents. Foster care is intended to provide a safe temporary home to a child until he can be reunited safely with his parent(s) or adopted. "However, being removed from home and placed in foster care is traumatic for a child, and the period of time he may spend in care can be filled with uncertainty and change."2 A child in foster care is affected by a myriad of decisions established by federal and state laws designed to help him. At each decision point, action or inaction can profoundly influence the child's current circumstances and future prospects. The discussion that follows highlights typical decision points on a child's journey through foster care. Although...
Bibliography: 442 U.S.C. 5106g.
8The AFCARS Report #8.
9Kathy Barbell and Madelyn Freundlich, Foster Care Today (Casey Family Programs, Washington, DC, 2001), pp
14Foster Care National Statistics April 2001 (2000b).
15Steve Christian, A Place to Call Home Adoption and Guardianship for Children in Foster Care, p.28 (National Conference of State Legislatures, 2000)
16State of Tennessee, Comptroller of the Treasury, Foster Care Independent Living Programs (1998).
171994 Green Book (Washington, DC: U.S
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