Public Policy

Chronology of Major Federal Legislation Impacting Abused Children

…in every case involving an abused or neglected child which results in a judicial proceeding, a guardian ad litem, who may be an attorney or a court appointed special advocate (or both), shall be appointed to represent the child in such proceedings—

1. to obtain first hand a clear understanding of the situation and needs of the child; and
2. to make recommendations to the court concerning the best interests of the child

1996 Amendments clarify that the GAL may be an attorney or a Court Appointed Special Advocate.
2003 Amendments require that the GAL attorney or CASA volunteer shall have training appropriate to their role. Language is also included explaining that CASA training is an appropriate activity for CAPTA state funding.

1977 Superior Court Judge David W. Soukup establishes first CASA program in Seattle, Washington.

1978 Indian Child Welfare Act (ICWA) P.L. 95-608
Federal legislation to preserve American Indian/Alaska Native families. ICWA regulates how states must handle cases of abuse and neglect, as well as adoption, involving Indian children. State courts must give placement preference first to extended families, then to foster families in the child’s own tribe and finally to foster families of another tribe. Tribal Courts may request transfer of jurisdiction from the state court to the Tribal Court. State courts and child welfare agencies should always make inquiry to determine whether the child is American Indian/Alaska Native.

1980 Adoption Assistance and Child Welfare Act P.L. 96-272
This act provides the largest federal funding stream for child welfare services, the Title IV-E entitlement program. States are reimbursed for services that they provide children in foster care, provided the child’s family qualifies for welfare assistance. Eligibility criteria later linked to qualification for 1996 TANF assistance. Training for child welfare staff, foster and adoptive parents as well as some child welfare agency administrative costs can also be reimbursed. Also created subsidies for the adoption of children with special needs.

1986 Individuals with Disabilities Education Act (IDEA) P.L. 101-119
The federal law that guarantees a free, appropriate public education for children with disabilities or developmental delays. Funding is provided to states to assist with special education and related services. Children need to be evaluated to determine eligibility, and a written plan—the Individualized Education program (IEP)—should identify the services and support that will be provided to meet the child’s needs as well as educational goals for the child.
     2004 Amendments seek to improve educational opportunities for children in foster care. The amendments promote communication among child welfare, school and judicial systems as well as calling for the child’s education needs to be considered by the judge and the child welfare system in making decisions. Judges should ensure that a specific individual has been appointed to advocate for the child’s educational needs. When students move because of a new placement, the new school must immediately enroll the child and honor the existing IEP until a new assessment and plan can be developed.

1990 Victims of Child Abuse Act (VOCAA) P.L. 101-647
The first time funding is authorized by Congress to expand CASA advocacy for abused and neglected children. Supports National CASA grants for state and local CASA programs and communities as well as the provision of training and technical assistance to the CASA network.
     2005 Reauthorization, attached to the Violence Against Women Act, reauthorizes funding at $12 million through FY 2011. Also allows CASA/GAL programs to access the FBI National Crime Information Center (NCIC) database for criminal background checks.

1994 Multiethnic Placement Act (MEPA) P.L. 103-82
Promotes diligent efforts to expand the number of racially and ethnically diverse foster and adoptive parents. Placement of a child in a foster care or adoptive setting cannot be denied solely on the basis of race, color or national origin of the foster/adoptive parent or the child by agencies receiving Title V funding.

1997 Adoption and Safe Families Act (ASFA) P.L. 105-89
Emphasizes that the child’s health and safety are of paramount concern in placement decisions and sets new timeframes to move children more quickly toward permanent placement. Services to reunify families funded under Title IV-B should not extend beyond 15 months. A petition to terminate parental rights shall be filed for parents whose child has been in foster care for 15 of the last 22 months. Case plans and case reviews must consider the child’s safety. Encourages dual planning for children in foster care—that is, planning efforts to reunify the child with his family concurrently with efforts to place a child in an adoptive family or with a legal guardian.

Also required the Secretary of Health and Human Services (HHS) to develop outcome measures and a rating system to assess states’ performance in child protection and child welfare programs. The Child and Family Service Reviews (CFSRs) are the result of this mandate.

1999 The Foster Care Independence Act P.L. 106-199
This law expands funding to states and improves upon federal programs for youth transitioning from foster care. The centerpiece of this legislation is the establishment of the John H. Chafee Independent Living Program. Provides funding to states to assist youth (up to age 21) aging out of foster care to provide educational, vocational, practical and emotional services and support. For youth in foster care on their 18th birthday, states have the option to extend their Medicaid coverage up to age 21.
     2002 Amendments added education and training vouchers for foster youth ages 18-21.


2002 Promoting Safe and Stable Families Act P.L. 107-133
Formerly known as the Family Preservation and Family Support Services Program. Authorizes state grants in four primary categories: 1) family support; 2) family preservation; 3) time-limited reunification services; and 4) adoption services.
     2004 Amendments include a new section for strengthening abuse and neglect courts. Funding is provided for: a) training of judges, court personnel and attorneys handling abuse and neglect cases; and b) assistance for the courts to improve timely decision-making. Limited funding provided for substance abuse treatment for families involved in the child welfare system and to improve the child welfare workforce.

2006 Safe and Timely Interstate Placement of Foster Children Act P.L. 109-239
Tightens timeframes under the Interstate Compact for the Placement of Children (ICPC) for states receiving federal reimbursement. States must complete home studies within a 60-day limit, with a 15-day extension in circumstances outside of the state’s control. Caseworkers in the receiving state should visit with the child at least once every six months. Foster parents, relative caregivers and pre-adoptive parents must be notified of all proceedings with respect to the child and have the right to be heard.