FACTSHEET | OCTOBER 2020

How the System Works

The child welfare system is not a single entity. WHAT'S INSIDE Many in each community together to strengthen and keep children What is the child welfare system? safe. Public agencies, such as departments of or child and services, often and collaborate with private What happens when possible or is reported? child welfare agencies and community-based organizations to provide services to families, such as in- services, What happens after a report is screened in? , residential treatment, mental care, substance use treatment, skills classes, domestic services, What happens in substantiated cases? assistance, and financial or assistance.

Child welfare systems are complex, and their Summary specific procedures vary widely by State. The purpose of this factsheet is to give a brief overview of the purposes and functions of child References welfare from a national perspective.

Appendix: The child welfare system

Children's Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 1 WHAT IS THE CHILD WELFARE SYSTEM? The Prevention and The child welfare system is a group of Treatment Act services designed to promote the well-being The Child Abuse Prevention and of children by ensuring safety, achieving Treatment Act (CAPTA), originally passed permanency, and strengthening families. in 1974, brought national to While the primary responsibility for child the need to protect vulnerable children welfare services rests with the States, the in the . CAPTA provides Federal Government supports States through Federal funding to States in support of the program funding and legislative initiatives. prevention, assessment, investigation, and The Children's Bureau within the U.S. prosecution of child abuse and neglect Department of Health and Services' as well as grants to public agencies and Administration for Children and Families holds nonprofit organizations for demonstration the primary responsibility for implementing programs and projects. Since it was signed Federal child and family legislation. The into , CAPTA has been amended Children's Bureau works with State and local several times, most recently by the CAPTA agencies to develop programs that focus Reauthorization Act of 2010 (P.L. 111–320). on preventing child abuse and neglect by strengthening families, protecting children For more information, see Information from further maltreatment, reuniting Gateway’s About CAPTA: A Legislative children safely with their families, and finding . permanent families for children who cannot safely return home. For more information on child welfare legislation and policy, see Child maltreatment also can include harm that a Welfare Information Gateway's Major Federal allows to happen to a child or does Legislation Concerned With , not prevent from happening. Child Welfare, and . For more on Each State has its own that define how child welfare programs are funded, see abuse and neglect, the reporting obligations Information Gateway's Funding web section. of , and the required State and Most families first become involved with the local child protective services (CPS) agency child welfare system because of a report of interventions. In general, child welfare suspected child abuse or neglect, which is agencies do not intervene in cases of harm also referred to as "child maltreatment." Child to children caused by acquaintances or maltreatment is defined by CAPTA as serious . These cases are generally the harm (e.g., , , responsibility of . (In emotional abuse, neglect) caused to children those cases, criminal charges may be filed by or primary , such as in court against the perpetrators of child members or babysitters. Child maltreatment.) Some States authorize CPS

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 2 agencies to respond to all reports of alleged WHAT HAPPENS WHEN child maltreatment, while others authorize POSSIBLE ABUSE OR NEGLECT IS law enforcement to respond to certain REPORTED? types of maltreatment, such as sexual or Any concerned person can report suspicions physical abuse. To learn more about child of child abuse or neglect, and reports may be maltreatment and State-by-State information made anonymously. Most reports are made by about civil laws related to child abuse and people called "mandatory reporters," who are neglect, visit Information Gateway's What Is individuals required by State law to report Child Abuse and Neglect? Recognizing the Signs suspicions of child abuse and neglect. These and Symptoms, Definitions of Child Abuse and reports are generally received by CPS workers Neglect, and the State Statutes database. For and are either screened in or screened out. A regarding child maltreatment as well as report is screened in when there is sufficient outcomes within the child welfare system, information to suggest an investigation is refer to the Children's Bureau's Statistics & warranted. A report may be screened out if Research web section. there is not enough information on which to Child welfare systems typically take the follow up on or if the situation reported does following actions: not meet the State's legal definition of abuse or neglect. In these instances, the CPS worker ƒ Investigate reports (receive and investigate may refer the person reporting the incident to reports of possible child abuse and neglect) other community services or law enforcement ƒ Support families (provide prevention for additional help. services to families that need assistance protecting and caring for their children to prevent entry into foster care) For additional information about the child ƒ Provide temporary safe shelter (arrange welfare system, refer to the following for children to live with kin or foster Information Gateway resources: families when they are not safe at home) ƒ Making and Screening Reports of Child ƒ Seek to return children to their families Abuse and Neglect when safety has improved or find other permanent arrangements (arrange for ƒ Mandatory Reporters of Child Abuse reunification, adoption, or other permanent and Neglect family connections for children leaving ƒ Responding to Child Abuse & Neglect foster care) [webpage]

The flowchart at the end of this factsheet provides an overview of the process described in the following sections.

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 3 WHAT HAPPENS AFTER A neglect, as defined by State law, is believed to REPORT IS SCREENED IN? have occurred. Some States have additional categories, such as "unable to determine," CPS respond within a few that suggest there is not enough to hours to a few days after a report is entered either confirm or refute that abuse or neglect depending on the type of maltreatment occurred. alleged, the potential severity of the situation, and requirements under State law. They may if the agency determines that the authority of speak with the parents and other people the is necessary to keep a child in with the child, such as doctors, safe, it will initiate a court action, such as a , or child-care providers. They also child protection or dependency proceeding. may speak with the child, alone or in the To protect the child, the court can issue presence of caregivers, depending on the temporary orders placing the child in shelter child’s age and level of risk. Children who care during the investigation, ordering are believed to be in immediate danger of services, or ordering certain individuals to continued maltreatment may be moved to a have no contact with the child. Later, at shelter, a foster home, or a relative's home an adjudicatory hearing, the court hears during the investigation and while court evidence and decides whether maltreatment proceedings are pending. The also occurred and whether the child should be engages the family to assess their strengths under the continuing of the and needs and initiate connections to court For additional information about the community resources and services. legal process, refer to Information Gateway's Understanding Child Welfare and the Courts. At the end of the investigation, CPS caseworkers typically make one of two Some employ an alternative, findings—unsubstantiated (unfounded) or or differential, response system. In these substantiated (founded). These terms vary jurisdictions, when the risk to the child is from State to State. Typically, a finding of considered low, the CPS caseworker—rather unsubstantiated means there is insufficient than investigating the occurrence of abuse evidence for the caseworker to conclude or neglect—focuses on assessing family that the child was abused or neglected or strengths, resources, and difficulties and on that what happened does not meet the legal identifying supports and services needed. To definition of child abuse or neglect. A finding learn more about differential response, read of substantiated maltreatment typically Information Gateway's Differential Response: A means that an incident of child abuse or Primer for Child Welfare Professionals.

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 4 Decisions about services and other next steps may be made by the CPS worker or the courts Neglect based on the following categories of perceived Nearly three-quarters of all child risk for future maltreatment: maltreatment cases are related to some ƒ Little or no risk. The family's case may be form of neglect (Children’s Bureau, 2020), closed with no services if a determination is which may be the result of a family’s need made that the maltreatment was a one-time for financial and related social supports. incident, the child is considered to now be See the following Information Gateway safe, and there is little or no risk of future resources to learn more about neglect and incidents. Any services the family needs how to support families: will be provided through community-based resources and systems—not the ƒ Identification of Neglect [webpage] child welfare agency. ƒ Policy and Program ƒ Low to moderate risk. Referrals may be Support Approaches [webpage] made to community-based or voluntary ƒ Acts of Omission: An Overview of Child in-home child welfare services if the CPS Neglect worker believes the family would benefit from these services and the child's present and future safety would be enhanced. (This WHAT HAPPENS IN may happen even when no abuse or neglect SUBSTANTIATED CASES? is found if the family needs and is willing to participate in services.) Local family If a report of abuse or neglect is resource centers or other organizations can substantiated, the next steps for the child and provide community-based services related depend on State or local policy, the to parent skill training, , housing severity of the maltreatment, an assessment needs, job training, substance use and of the child's immediate safety, the perceived counseling, or respite and risk of continued or future maltreatment, crisis care services. the services available to address the family's ƒ . The family may be needs, and whether the maltreatment Moderate to high risk offered voluntary in-home services to prompted the child's removal from the home address safety concerns and help reduce and/or a protective court action. When a the risks. If these are refused, the agency report is substantiated as a result of a court may seek intervention by the juvenile hearing, the court may enter a disposition dependency court. The court may in turn ordering a parent to comply with services require the family to cooperate with in- necessary to alleviate the abuse or neglect. home services if it is believed the child can Orders can also contain provisions regarding remain safely at home while the family visitation requirements between the parent addresses the issues contributing to the and the child, agency obligations to provide perceived risk of future maltreatment. If the the parent with services, and services needed child has already been seriously harmed, is by the child.

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 5 considered to be at high risk of serious Depending on the severity of the case and harm, or the child's safety is threatened, the other factors, children may be removed court may order the child's removal from from their and placed in foster care. the home or affirm the agency's prior Most children in foster care are placed with removal of the child. The child may be relatives or foster families, but some may placed with a relative or in foster care. be placed in a group or residential setting. While in foster care, the child attends and receives medical care and other services Central Registries for Child as needed. The child's family also receives Maltreatment services to support their efforts to reduce the risk of future maltreatment and to help Whether or not criminal charges are filed, them reunite with their child. Visits between the name of the person committing the parents and their children and between abuse or neglect may be placed in a State are established as appropriate or child maltreatment registry if the abuse or according to the case plan. neglect is confirmed. A registry is a central Every child in foster care should have a database that collects information about permanency plan. Federal law requires maltreated children and individuals who the court to hold a permanency hearing, are found to have abused or neglected during which a child's permanency plan is their children. These registries are usually developed. This should take place within 12 confidential and used for internal child months of a child entering foster care and protective purposes only. Information every 12 months thereafter. The courts may about perpetrators, however, may be review each case more frequently to ensure used in background checks for certain the agency is actively pursuing permanency professions that involve working with for the child. (See Information Gateway's children to help prevent children from Legal and Court Issues in Permanency web coming into contact with individuals who section for more information.) The child's may mistreat them. family typically participates in developing the permanency plan for the child, as well as For more information about these their own service plan. Family reunification, registries, see Information Gateway’s except in unusual and extreme circumstances, Establishment and Maintenance of Central is the permanency plan for most children. In Registries for Child Abuse or Neglect some cases, when prospects for reunification Reports. appear less likely, a concurrent permanency plan may be developed. If the efforts toward reunification are not successful, the plan may be changed to another permanent

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 6 arrangement, such as adoption or transfer of For more detailed information about the to a relative. For more information welfare system, please refer to the resources on reunification and concurrent planning, see listed below. For more information about the Information Gateway's Supporting Successful child welfare system in your State or local Reunifications, Concurrent Planning for jurisdiction, contact your local public child Timely Permanence, and Concurrent Planning welfare agency. for Permanency for Children. REFERENCES In addition to receiving support in developing permanent legal and relational connections Children's Bureau. (2020). Child maltreatment to family and other important people in their 2018. U.S. Department of Health and lives, older in foster care should receive , Administration for transitional or services Children and Families. https://www. to help prepare them for self-sufficiency in acf.hhs.gov/cb/resource/child- the event they leave foster care without a maltreatment-2018 permanent family. Information Gateway's SUGGESTED CITATION: Achieving & Maintaining Permanency and Permanency for Youth webpages offer related Child Welfare Information Gateway. (2020). resources. Depending on State law, youth may How the child welfare system works. U.S. age out of foster care somewhere between the Department of Health and Human Services, ages of 18 and 21. Administration for Children and Families, Children’s Bureau. https://www.childwelfare. SUMMARY gov/pubs/factsheets/cpswork/ The goal of child welfare is to promote the well-being, permanency, and safety of children and families by helping families care for their children successfully or, when that is not possible, helping children find permanency with kin or adoptive families. Among children who enter foster care, most will return safely to the care of their own families or go to live with relatives or an adoptive family.

U.S. Department of Health and Human Services Administration for Children and Families Administration on Children, Youth and Families Children’s Bureau

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cpswork/.

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 7 The Child Welfare System

Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 8