Key Federal Laws to Incorporate into Advocacy
ABA FFPSA Guide:
Prevention Services
- 42 U.S.C. $ 671 (a)(15) Requires child welfare agencies to make reasonable efforts to preserve families and pre- vent removal, unless certain exceptions apply. See also
- 45 CFR 1356.21(1). (e) Explains requirement for states to receive 50% federal funding reimbursement.
- 42 U.S.C. $ 672 (a)(2)(A) Foster care placement requires either a voluntary placement agreement entered into by the child's parent or legal guardian or a judicial determination that child's continuation in the home would be "contrary to the welfare of the child" and "reasonable efforts" to prevent removal have been made by the child welfare agency as required by 42 U.S.C. $ 671(a)(15).
- 42 U.S.C. S 675 (13) Defines the term "candidate tor foster care generally as a child identified in a prevention plan.. as being at imminent risk of entering foster care...but who can remain safely in the child's home or in kinship placement as long as services. necessary to prevent the entry of the child into foster care are provided
Reunification Services
- 42 U.S.C. § 629a
- 42 U.S.C. § 671 (a) (7) Defines family reunification services eligible for federal funding under Title IV-B that are no longer time limited while in foster care and may be available to families for up to 15 months after the child returns home. (a)(15) Requires reasonable efforts to make it possible for a child to safely return to the child's ome.