In Support of Reforms to Improve the Outcomes for Children in the Child Welfare System
Resolution 5 In Support of Reforms to Improve the Outcomes for Children in the Child Welfare System
The Conference of Chief Justices and the Conference of State Court Administrators recognize the importance of securing safe and permanent homes for children and moving children in state custody to permanent and safe homes as quickly as possible through the efficient and effective handling of child abuse and neglect cases.
The Conferences have made child welfare system reform a priority and undertaken initiatives to strengthen court oversight of child welfare cases.
Congress is considering a number of legislative proposals that seek to improve the outcomes for children coming to the attention of the child welfare system.
The legislative proposals have provisions that would:
- Allow states to use Title IV-E funds for time-limited prevention services for eligible children who are candidates for foster care at "imminent risk" of entering or re-entering foster care but who can safely remain at home or with a kinship caregiver if provided services, or pregnant and parenting youth in foster care, or parents or kin caregivers of children at risk of entering foster care;
- Allow Title IV-E funds to be used to provide evidence-based time-limited prevention services for up to 12 months when an intervention is necessary;
- Require state child welfare agencies to develop a prevention plan for each case that lists needed services, identifies the permanency goal for a child, ties services to placement and permanency goals, and ensures services are trauma-informed;
- Allow a child to receive a Title IV-E maintenance payment when placed with a parent in a residential substance abuse treatment facility;
- Provide short-term financial assistance through Title IV-B for up to three months for a child's parent or kinship caregivers when it can prevent foster care entry;
- Eliminate the time limit on the use of Title IV-B funds for family reunification services for children in foster care;
- Require states to take steps to safely reduce the inappropriate use of congregate/group care for children;
- Require state child welfare agencies to demonstrate at initial placement and during reviews why the child cannot be served in a least restrictive placement and document efforts to place the child into a more family-like setting;
- Require an assessment of appropriate placement prior to each permanency hearing or review;
- Require courts to review and approve or disapprove initial and updated congregate care placements;
- Condition Court Improvement Program funding on the provision of training for judges about new federal policies on foster care placements;
- Amend the Elementary and Secondary Education Act of 1965 to improve the educational stability of children in foster care, including school-of-origin requirements and designated points of contact for child welfare agencies;
- Allow states to certify that assistance and services under the John H. Chafee Foster Care Independence Program will extend to youths aging out of foster care up to age 23.
State courts, in their oversight role, have a responsibility to ensure that state child welfare agencies are complying with these new federal policies and requirements.
While these added responsibilities will lengthen the time of court hearings, the Conferences are committed to working with Congress and the United States Department of Health and Human Services to effectively implement the new policies and requirements.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators urge Congress to give favorable consideration to these legislative proposals.
BE IT FURTHER RESOLVED that the Conferences urge Congress and the United States Department of Health and Human Services to provide adequate funding to state courts to:
- Provide training for judges and court personnel to understand and comply with the new federal policies and requirements;
- Develop resources and best court practices;
- Fully implement these resources and best practices.
Adopted as proposed by the CCJ/COSCA Courts, Children, and Families Committee at the Conference of State Court Administrators 2015 Midyear Meeting on December 5, 2015 and at the Conference of Chief Justices 2016 Midyear Meeting on February 3, 2016.