1. Coun 150 – Laws Relating to Children Richard M. Cartier Class 8
Foster Care
Coun 150 – Laws Relating to Children
Richard M. Cartier
Class 8

2. Child Protective Services
Responsibilities
No duty to intervene
Limited tort liability (immunity)
Systemic problems
Inadequate resources -- $ / staff / programs
“Secrecy”
Wrongful removal

3. Reunification or Termination
The “reasonable efforts” requirement
The Adoption and Safe Families Act of 1997
Requires states to terminate parental rights if the child cannot be returned home
Terminating parental rights

4. More on termination . . . Due Process protections for parents
Grounds for termination
Presumptive grounds for termination

5. Foster Care Temporary foster placements Approximately 400,000 children
Licensed private homes
Group homes or institutions
Kinship care
Approximately 400,000 children
Aging out of foster care

6. Significant Cases
DeShaney
Smith v. OFFER
See Tort Liability – p. 182

7. Criminal Abuse & Neglect
Criminal v. Civil Enforcement – 199
Abuse, Neglect & Endangerment – 203
Sexual Abuse – 214
Prospective restraints on the offender
Child Pornography – 248

8. After termination
Long term foster care
Guardianship
Adoption