Foster Care and Family Preservation and Support Services
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The Critique of Federal Family Preservation Policy
University of Pennsylvania Law School Penn Law: Legal Scholarship Repository Faculty Scholarship 1999 Is There Justice in Children's Rights?: The rC itique of Federal Family Preservation Policy Dorothy E. Roberts University of Pennsylvania Law School, [email protected] Follow this and additional works at: http://scholarship.law.upenn.edu/faculty_scholarship Part of the Family Law Commons, Family, Life Course, and Society Commons, Inequality and Stratification Commons, Policy Design, Analysis, and Evaluation Commons, Race and Ethnicity Commons, and the Social Policy Commons Recommended Citation Roberts, Dorothy E., "Is There Justice in Children's Rights?: The rC itique of Federal Family Preservation Policy" (1999). Faculty Scholarship. Paper 587. http://scholarship.law.upenn.edu/faculty_scholarship/587 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. IS THERE JUSTICE IN CHILDREN'S RIGHTS?: THE CRITIQUE OF FEDERAL FAMILY PRESERVATION POLICY Dorothy E. Roberts* I. INTRODUCTION: PITTING CHILDREN'S RIGHTS AGAINST FAMILY PRESERVATION In November 1997 President Clinton signed the Adoption and Safe Families Act ("ASFA" or the "Act"),' aimed at dou- bling the number of children adopted annually by 2002.2 ASFA represents a dramatic shift in federal child welfare phi- losophy from an emphasis on the reunification of children in foster care with their biological families toward support for the adoption of these children into new families. The Act's predecessor, the AdoPtion Assistance and Child Welfare Act of 1980 ("1980 Act"), encouraged states to replace the costly and disruptive out-of-home placements that had dominated child welfare practice with preventive and reunification pro- * Professor, Northwestern University School of Law: Faculty Fellow, Institute for Policy Research. -
Multiple Meanings of Family Issue FF26
Multiple Meanings of F Family Focus On... Multiple Meanings of Family Issue FF26 IN FOCUS: The Family Family Definitions Continuum page F1 Policy, Gender Power, and amily Family Outcomes page F2 Definitions Continuum Discourse-Dependent Families page F4 Family Values Reconsidered page F5 by Mellisa Holtzman, Ph.D., Assistant Professor, Department of Sociology, Children’s Experiences as Siblings Ball State University, Muncie, Indiana in Diverse Family Structures page F7 efining exactly what one means parenthood, gay and lesbian marriage and Family Structure from the by “the family” can be difficult. parenting, infertility technologies, and the Perspective of Children page F8 D While no single legal definition of potential outcomes of human cloning. Social Fathers page F10 the family exists, policymakers at both the Moreover, given that social and techno- Lives of Foster Parents page F11 state and federal level generally classify logical changes continue to precipitate International Adoptive individuals as family members if they are changes in the structure and meaning of Families page F12 related to each other by virtue of blood, family, understanding how individuals marriage, or adoption. Relationships that choose between definitions of Adopting Children with are not based on one or more of these the family is Developmental Disabilities page F13 criteria usually do not receive state This framework allows crucial. Yet, it Infertile Couples page F15 recognition or sanction. us to contextualize is unlikely that When is a Grandparent Not a we will come to Yet few people would argue variations in family Grandparent? page F16 understand indi- with the idea that family is definitions and understand viduals’ choices Family Identities of Gay Men page F17 based on something more than their implications. -
Variance in California's General Assistance Welfare Rates: a Dilemma and a Solution James P
Santa Clara Law Review Volume 13 | Number 2 Article 5 1-1-1973 Variance in California's General Assistance Welfare Rates: A Dilemma and a Solution James P. Wagoner Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation James P. Wagoner, Comment, Variance in California's General Assistance Welfare Rates: A Dilemma and a Solution, 13 Santa Clara Lawyer 304 (1973). Available at: http://digitalcommons.law.scu.edu/lawreview/vol13/iss2/5 This Comment is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. VARIANCE IN CALIFORNIA'S GENERAL ASSISTANCE WELFARE RATES: A DILEMMA AND A SOLUTION INTRODUCTION In Siskiyou County, a family of two or more persons in the General Assistance welfare category receives an average welfare allotment of five dollars per Month.1 In Tulare County, how- ever, a similar family of two or more persons receives an aver- age of one hundred eighty-eight dollars and thirty-three cents per month.2 In California's fifty-six other counties, the General As- gistance rates range between these two extremes with an overall average of about eighty-three dollars per month for a family of two or more.3 Since the board of supervisors of each county is vested with the discretionary authority to set the level of support for their respective counties,4 some variation should be expected. -
Medi-Cal Expansion and Children's Well-Being
NOVEMBER 2019 Paulette Cha and Medi-Cal Expansion and Shannon McConville with research support from Children’s Well-Being Daniel Tan © 2019 Public Policy Institute of California PPIC is a public charity. It does not take or support positions on any ballot measures or on any local, state, or federal legislation, nor does it endorse, support, or oppose any political parties or candidates for public office. Short sections of text, not to exceed three paragraphs, may be quoted without written permission provided that full attribution is given to the source. Research publications reflect the views of the authors and do not necessarily reflect the views of our funders or of the staff, officers, advisory councils, or board of directors of the Public Policy Institute of California. SUMMARY CONTENTS Under the federal Affordable Care Act (ACA), California expanded eligibility for Medi-Cal, the state’s Medicaid program, to most non-elderly, non-disabled Introduction 5 low-income adults. Although this change focused directly on improving the Uninsured Rates for health and well-being of adults, it is likely that Medi-Cal expansion has had a California Families Declined Dramatically 6 dramatic effect on households with children. Coverage Gains In recent years, as the federal government has attempted to dismantle the ACA, Have Been Unevenly Distributed 8 California policymakers have continued to push forward with efforts to protect and expand coverage gains. A better understanding of the impact of adult Medicaid’s Effects on Adults May Also Medi-Cal on child well-being can help inform state efforts to expand health Benefit Children 10 care coverage and improve outcomes for low-income children and families. -
Welfare Reform in California: Early Results from the Impact Analysis, Executive Summary (MR-1358/1-CDSS)
Welfare Reform in California Early Results from the Impact Analysis Jacob Alex Klerman V. Joseph Hotz Elaine Reardon Amy G. Cox Donna O. Farley Steven J. Haider Guido Imbens Robert Schoeni MR-1358-CDSS Prepared for the California Department of Social Services LABOR AND POPULATION The research described in this report was prepared for the California Department of Social Services under Contract No. H38030. Library of Congress Cataloging-in-Publication Data Welfare reform in California : early results from the impact analysis / Jacob A. Klerman ... [et al.]. p. cm. “MR-1358.” Includes bibliographical references. ISBN 0-8330-3039-6 1. Welfare recipients—Employment—California. 2. California Work Opportunity and Responsibility to Kids (Program) 3. Public welfare—California. I. Klerman, Jacob Alex. HV98.C3 W43 2001 362.5'8'09794—dc21 2001041901 RAND is a nonprofit institution that helps improve policy and decisionmaking through research and analysis. RAND® is a registered trademark. RAND’s pub- lications do not necessarily reflect the opinions or policies of its research sponsors. © Copyright 2002 RAND All rights reserved. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, recording, or information storage and retrieval) without permission in writing from RAND. Published 2002 by RAND 1700 Main Street, P.O. Box 2138, Santa Monica, CA 90407-2138 1200 South Hayes Street, Arlington, VA 22202-5050 201 North Craig Street, Suite 202, Pittsburgh, PA 15213 RAND URL: http://www.rand.org/ To order RAND documents or to obtain additional information, contact Distribution Services: Telephone: (310) 451-7002; Fax: (310) 451-6915; Email: [email protected] iii Preface In response to national welfare reform legislation, California passed legislation on August 11, 1997, that replaced the existing Aid to Families with Dependent Children (AFDC) and Greater Avenues for Independence (GAIN) programs with the California Work Opportunity and Responsibility to Kids (CalWORKs) program. -
Welfare Administration and the Rights of Welfare Recipients Lise A
Hastings Law Journal Volume 29 | Issue 1 Article 3 1-1977 Welfare Administration and the Rights of Welfare Recipients Lise A. Pearlman Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Lise A. Pearlman, Welfare Administration and the Rights of Welfare Recipients, 29 Hastings L.J. 19 (1977). Available at: https://repository.uchastings.edu/hastings_law_journal/vol29/iss1/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Welfare Administration and the Rights of Welfare Recipients By LIsE A. PEARLMAN* A society that sacrifices the health and well-being of its [indigent] young upon the false altar of economy endangers its own future, and, indeed, its own survival., - Mathew 0. Tobriner During his tenure on the California Supreme Court,2 Mathew Tobriner has had the opportunity to fashion significant new law ex- panding the rights of the poor. In addition to writing seminal opinions in Randone v. Appellate Department,3 in which the court struck down California's prejudgment attachment laws as violative of the procedural due process guarantees of the state and federal constitutions, and Green v. Superior Court,4 in which the court recognized an implied warranty of habitability as a defense to an unlawful detainer action, Justice Tobriner has made a substantial contribution to the evolution of the law in the highly controversial area of welfare administration. -
Family Preservation in Families' Ecological Systems
Virginia Commonwealth University VCU Scholars Compass Theses and Dissertations Graduate School 2010 Family preservation in families’ ecological systems: Factors that predict out-of-home placement and maltreatment for service recipients in Richmond City Jody Hearn Virginia Commonwealth University Follow this and additional works at: https://scholarscompass.vcu.edu/etd Part of the Social Work Commons © The Author Downloaded from https://scholarscompass.vcu.edu/etd/2086 This Dissertation is brought to you for free and open access by the Graduate School at VCU Scholars Compass. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of VCU Scholars Compass. For more information, please contact [email protected]. © Jody Lynn Hearn, 2010 All Rights Reserved Family preservation in families’ ecological systems: Factors that predict out-of-home placement and maltreatment for service recipients in Richmond City A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy at Virginia Commonwealth University. by Jody Lynn Hearn BS, Davidson College, 2002 MSW, University of North Carolina at Charlotte, 2005 Director: Melissa L. Abell Associate Professor, School of Social Work Virginia Commonwealth University Richmond, Virginia April, 2010 Acknowledgement I humbly offer my sincerest gratitude to all those who supported me from start to present. So many have contributed in the form of instrumental and emotional support to ensure the quality and value of this project and my experience conducting it. I’m grateful for my long-time advisor and dissertation chair, Dr. Melissa Abell and my committee member and mentor Dr. Mary Katherine O’Connor for compelling my independence and individual growth and for their unflinching belief in my aptitude. -
What Is Family Preservation and Why Does It Matter?
Journal of Family Strengths Volume 5 Issue 2 Article 4 2001 What is Family Preservation and Why Does it Matter? J. McCroskey Follow this and additional works at: https://digitalcommons.library.tmc.edu/jfs Recommended Citation McCroskey, J. (2001) "What is Family Preservation and Why Does it Matter?," Journal of Family Strengths: Vol. 5 : Iss. 2 , Article 4. Available at: https://digitalcommons.library.tmc.edu/jfs/vol5/iss2/4 The Journal of Family Strengths is brought to you for free and open access by CHILDREN AT RISK at DigitalCommons@The Texas Medical Center. It has a "cc by-nc-nd" Creative Commons license" (Attribution Non- Commercial No Derivatives) For more information, please contact [email protected] McCroskey: What is Family Preservation and Why Does it Matter? Editorial What Is Family Preservation and Why Does It Family Preservation Issues Matter? Over the past 25 years plus of Family Preservation programs, several issues have emerged, sometimes over and over. In fact, whether or not a family focus will exist continues to be discussed in some quarters. Jacquelyn McCroskey This Journal through numerous articles has explored these critical controversies. This Journal issue provides an overview of these issues and by doing so provides insight into the This paper describes competing ideas about family preservation, defined both as a defined ongoing support and need for Family Preservation principles, programs, and values. program of social services and a philosophical approach to helping troubled families. A What is Family Preservation, what does the research show is effective practice, is there straightforward definition has become almost impossible because the phrase has taken on funding, and what policies should there be, are some of the questions addressed in this issue. -
Responding to Child Victims of Human Trafficking
STATE STATUTES Current Through December 2018 WHAT’S INSIDE State agency Responding to Child Victims responsibilities of Human Trafficking Training requirements Human trafficking, particularly sex trafficking, Diversion from prosecution has emerged as a specific responsibility for child welfare agencies due to the high risk of exploitation Services and supports for children and youth involved in child welfare. for victims The potentially unstable living situations, physical distance from friends and family, history of trauma, Support for anti- trafficking efforts and emotional vulnerability can put these children at risk for being targeted by traffickers.1 Federal Summaries of State laws laws require child welfare agencies to respond in specific ways to reports of child sex trafficking. To find statute For example, the Preventing Sex Trafficking and information for a Strengthening Families Act (P.L. 113-183) amended particular State, go to title IV-E with provisions to prevent and address sex trafficking of children in foster care by requiring https://www.childwelfare. that title IV-E agencies do the following with regard gov/topics/systemwide/ laws-policies/state/. to children or youth who may become victims of trafficking: Develop policies and procedures for identifying, documenting in agency records, and determining appropriate services for any child or youth over whom the title IV-E agency has responsibility and who the agency has reasonable cause to believe is, or is at risk of being, a victim of sex trafficking 1 For further background information on this issue, see the Child Welfare Information Gateway publication Human Trafficking and Child Welfare: A Guide for Child Welfare Agencies at https://www.childwelfare.gov/pubs/trafficking-agencies/. -
Division 26. Chapter 26-234-26 Thru 26-514.90
STATISTICAL REPORTS Handbook REPORTS - PUBLIC ASSISTANCE 26-234.05 (Cont.) 26- 234 SUMMARY REPORT ON CLAIMS OF GOOD CAUSE FOR 26-234 REFUSING TO COOPERATE IN ESTABLISHING PATERNITY AND SECURING CHILD SUPPORT (FORM CA 1004) 26-234.01 CONTENT 26-234.01 This report is a summary of Good Cause claims received and actions taken during the six-months period (October-March or April-September) covered by the report. 26-234.02 PURPOSE 26-234.02 To provide federal administrators with information needed to access the program impact of the Good Cause regulations (45 CFR Part 232, Sections 40-49); and for congressional reporting. 26-234.03 DISTRIBUTION 26-234.03 Information gathered in this report is compiled for use in reporting to DHHS Office of Research and Statistics, SSA. 26-234.04 DUE DATE 26-234.04 Reports are due in Sacramento not later than the 15th working day of the calendar month following the report period. Send report to: State Department of Social Services Statistical Services 744 P Street, Mail Station 19-81 Sacramento, CA 95814 26-234.05 DEFINITIONS 26-234.05 Each applicant/recipient is required to cooperate with the county welfare department and District Attorney in establishing paternity and securing child support when he/she has requested or is receiving AFDC aid payments. Cooperation involves identifying and locating the absent parent(s) of a child; establishing paternity of a child; and obtaining support payments for himself/herself and for a child. However, the applicant/recipient has the right to claim good cause (good reason) for refusing to cooperate if he/she feels that cooperation would not be in the best interests of the child (EAS 43-107). -
Child Welfare Primer
CCRWF CalWORKs/Child Welfare Partnership Project CALIFORNIA CENTER FORRESEARCH Kate Karpilow, Ph.D. ON WOMEN & FAMILIES Project Director Linda Orrante, M.S.W. Project Coordinator November 2002 Dear Social Service Providers and Policymakers: On any given day in California, 131,000 children and youth are involved in the public child welfare system. Each year, over 500,000 children-six percent of the state’s population under age 18-come to the attention of child welfare officials because of reports of suspected child abuse or neglect. How many of us have a basic understanding of the laws and programs set up to care for these children? This Primer aims to orient service providers to the building blocks and key issues of the public child welfare system. The Primer is also intended to educate local and state policymakers responsible for crafting public policy. There is considerable need for professionals in many fields to understand the many facets of the child welfare system, particularly as many of California’s counties move to coordinate services to high-risk families. In addition to highlighting the major laws, programs, and financing mechanisms, the Primer describes the four services required in each county child welfare agency (Emergency Response, Family Maintenance, Family Reunification, and Permanent Placement) and outlines the juvenile dependency court process. The Primer also reports the reasons that children are involved in the system and describes the children’s backgrounds. Looking to the future, the Primer summarizes key challenges facing child welfare professionals and policymakers, ranging from improving data management and evaluating outcomes to assessing the shortage of foster care families. -
Guatemala Passes Domestic Legislation to Implement Hague Adoption Convention; but Does It Help the Children
Law and Business Review of the Americas Volume 15 Number 3 Article 7 2009 Guatemala Passes Domestic Legislation to Implement Hague Adoption Convention; but Does It Help the Children Melissa Long Follow this and additional works at: https://scholar.smu.edu/lbra Recommended Citation Melissa Long, Guatemala Passes Domestic Legislation to Implement Hague Adoption Convention; but Does It Help the Children, 15 LAW & BUS. REV. AM. 631 (2009) https://scholar.smu.edu/lbra/vol15/iss3/7 This Comment and Case Note is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Law and Business Review of the Americas by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. GUATEMALA PASSES DOMESTIC LEGISLATION TO IMPLEMENT HAGUE ADOPTION CONVENTION; BUT DOES IT HELP THE CHILDREN? Melissa Long* I. INTRODUCTION ENERALLY, international adoptions are a very positive means for providing homes for unwanted children from countries that do not have the means to take care of the children, saving them from a bleak future of moving from on foster home to another, spending their lives in an orphanage, or living on the street.1 "Adoption is not about getting a child for a family that needs it, just like buying merchan- '2 dise... It is about getting a family for a child that really needs one." "[I]nternational adoptive parents and children meet across lines of differ- ence involving not just biology, but also socio-economic class, race, ethnic and cultural heritage, and nationality" which can lead some to argue that international adoption is not always the best option for children in need 3 of a home.