Federal Foster Care Law
New laws at both the federal and state levels should improve outcomes for children and youth in foster care. Although implementation of the new laws in the current economy will be difficult, the reforms should make badly needed improvements in the long run.
Recent Federal Legislation
The Fostering Connections to Success and Increasing Adoptions Act (PL 110-351) is the most significant child welfare legislation in more than a decade. This law, signed by the president in October 2008, makes major improvements in seven critical areas highlighted below.
Support for Family Connections: Increases opportunities for relatives to step in when children are removed from their parents. States must identify and notify all adult relatives within 30 days of taking custody of the child. States can waive non-safety licensing standards to eliminate barriers to placing children with relatives. States can use federal funds for kinship guardianship payments and clarifies that youth who leave foster care after age 16 for kinship guardianship are eligible for independent living services and education and training resources. Requires the state to make reasonable efforts to place siblings together.
Aid for Youth in Transition: States can extend care to youth aged 19, 20 or 21 with continued federal support. Child welfare agencies must help youth create a transition plan during the 90 days before the youth exits from care.
Adoption Assistance: Provides additional financial incentives to states and adoptive families to support adoption, especially for older youth and children with disabilities or other special needs. Increases opportunities for children with special needs to receive federally-supported adoption assistance without regard to birth family income.
Greater Health Care Services: Requires that state child welfare and state Medicaid agencies work together with other health care experts to create a plan to better coordinate health care for children in foster care to ensure appropriate screenings, assessments and follow-up treatment. Assures sharing of critical information with appropriate providers and oversight of prescription medications.
Access to Education: States must ensure that a child in foster care attend school, remain in their same school when appropriate when they come into care or change placements while in care, and get help transferring promptly to a new school when necessary. Provides increased federal support for assistance with school-related transportation.
Workforce Development: Expands the availability of federal training funds. The expanded use of funds is extended to staff of private child welfare agencies, court personnel, attorneys, guardians ad litem, court appointed special advocates and relative guardians.
Tribal Access to Funds: For the first time, tribes can directly access and administer federal funds for adoption assistance, foster care and kinship care.
