Recent Federal Legislative and

Policy Developments:

What CRPsShould Know and Do

Howard DavidsonHoward DavidsonDirector, ABA Center on Children and the LawDirector, ABA Center on Children and the Lawdavidsonha@staff.abanet.org 202/662-1740 davidsonha@staff.abanet.org 202/662-1740

What the 2005 NCANDS Data What the 2005 NCANDS Data Should Tell CRPsShould Tell CRPs

We must give special attention to child We must give special attention to child neglect cases (62.8% of all victims)neglect cases (62.8% of all victims)

Teachers and police need on-going Teachers and police need on-going training on identifying and reporting child training on identifying and reporting child maltreatment (source of 1/3 of reports)maltreatment (source of 1/3 of reports)

Caseload control is essential (avg. of 67.5 Caseload control is essential (avg. of 67.5 completed investigations per worker/year)completed investigations per worker/year)

Look at where Look at where your stateyour state stands in terms stands in terms of the big variations in state by state dataof the big variations in state by state data

14 of Those Big Variations14 of Those Big Variations

1.1. 20% (VT) vs. 99% (AZ) reports are 20% (VT) vs. 99% (AZ) reports are “screened-in”“screened-in”

2.2. 10% (CA) vs. 0.05% (WV) reports come 10% (CA) vs. 0.05% (WV) reports come in from mental health professionalsin from mental health professionals

3.3. 32 (AL) vs. 217 (UT) reports per worker 32 (AL) vs. 217 (UT) reports per worker are being investigated at any one timeare being investigated at any one time

4.4. 91.5% (NY) vs. 3.5% (PA) and 5.6% 91.5% (NY) vs. 3.5% (PA) and 5.6% (VT) of all cases involve “neglect” (VT) of all cases involve “neglect” victims (note: VT & AL have the victims (note: VT & AL have the highest % of “abuse” victims)highest % of “abuse” victims)

5.5. 45% (ME) vs. 0.1% (IL) of child victims 45% (ME) vs. 0.1% (IL) of child victims are “psychological maltreatment” are “psychological maltreatment” victimsvictims

6.6. 18% (DC & FL) vs. under 3% (AZ, ID, 18% (DC & FL) vs. under 3% (AZ, ID, KS, MN, NV, NH, NJ, PA, SD, VA, WA, KS, MN, NV, NH, NJ, PA, SD, VA, WA, WY) are substantiated kids age 16 & 17WY) are substantiated kids age 16 & 17

7.7. 99.9% (HA) vs. under 3% (CO, IL, MA, 99.9% (HA) vs. under 3% (CO, IL, MA, VA & WA) are victims with reported VA & WA) are victims with reported disabilitiesdisabilities

8.8. Over 1,000 (IL, IN, KY, MA, NC, OH, TX, Over 1,000 (IL, IN, KY, MA, NC, OH, TX, WI) vs. under 200 (AK, AR, CO, ID, MT, WI) vs. under 200 (AK, AR, CO, ID, MT, NV, NY, OK, SD, VT) perpetrators were NV, NY, OK, SD, VT) perpetrators were the unmarried partners of a child’s the unmarried partners of a child’s parentparent

9.9. Over 100 (IN, NY) vs. under 20 (AL, Over 100 (IN, NY) vs. under 20 (AL, AK, AR, DC, IA, KS, KY, MI, MT, NE, AK, AR, DC, IA, KS, KY, MI, MT, NE, SD, VT, WA) perpetrators were from SD, VT, WA) perpetrators were from within residential facilitieswithin residential facilities

10.10. Over 300 (CA, NY, OK) vs. under 20 Over 300 (CA, NY, OK) vs. under 20 (AZ, DC, ID, ME, MT, NV, UT, VT) (AZ, DC, ID, ME, MT, NV, UT, VT) perpetrators were in foster homesperpetrators were in foster homes

11.11. Over 400 (FL, IL, NY, PA) vs. under Over 400 (FL, IL, NY, PA) vs. under 20 (DC, ME, MS, MT, SD) 20 (DC, ME, MS, MT, SD) perpetrators were child care perpetrators were child care providers or were in centers and providers or were in centers and other pre-school programsother pre-school programs

12.12. 100% (AZ, IA, NH, PR) vs. under 50% 100% (AZ, IA, NH, PR) vs. under 50% (CO, CT, DE, IL, IN, ME, MD, MS, NM, (CO, CT, DE, IL, IN, ME, MD, MS, NM, OH, SD, TN, TX, VT, WI) of child OH, SD, TN, TX, VT, WI) of child victims were “receiving” post-victims were “receiving” post-investigation servicesinvestigation services

13.13. Under 10% (DE, MD, PR, UT, WV) vs. Under 10% (DE, MD, PR, UT, WV) vs. over 40% (AZ, CA, HA, ID, MT, NV, over 40% (AZ, CA, HA, ID, MT, NV, OR, SD, WA, WY) of child victims were OR, SD, WA, WY) of child victims were removed from their home removed from their home

14.14. Under 10% (DE, FL, KY, ME, MS, PR, Under 10% (DE, FL, KY, ME, MS, PR, TN, UT, VA, WV, WI) vs. over 50% TN, UT, VA, WV, WI) vs. over 50% (HA, ID, MT, NV, NH) of child victims (HA, ID, MT, NV, NH) of child victims had follow-up court actions involving had follow-up court actions involving their familytheir family

Look at Racial Disparity Look at Racial Disparity DataData

Compiled by Center for the Study of Compiled by Center for the Study of Social Policy from 2000 AFCARS state Social Policy from 2000 AFCARS state foster care data and 2000 state racial foster care data and 2000 state racial demographic datademographic data

If the Black population was 7%, and If the Black population was 7%, and 7% of kids in care were Black, there 7% of kids in care were Black, there wouldn’t be “racial disparity” – it wouldn’t be “racial disparity” – it would be a “O” ratewould be a “O” rate

States that had disparity rates of 3.50 States that had disparity rates of 3.50 or over were labeled “Extreme Racial or over were labeled “Extreme Racial Disproportionality”Disproportionality”

3.57 - 5.48 – Extreme disparity range3.57 - 5.48 – Extreme disparity range Extreme Disproportionality: RI, NJ, NM, Extreme Disproportionality: RI, NJ, NM,

IA, IN, PA, AZ, MT, IL, CA, OR, WY, MN, IA, IN, PA, AZ, MT, IL, CA, OR, WY, MN, ID, NH, WI (worst, at 5.48)ID, NH, WI (worst, at 5.48)

2000 Total U.S. Black disparity in foster 2000 Total U.S. Black disparity in foster care: 12.9% of population but 36.6% of care: 12.9% of population but 36.6% of foster care population (Sept. 2005, 32%)foster care population (Sept. 2005, 32%)

NCANDS 2005-- Blacks: 23.1% of victims NCANDS 2005-- Blacks: 23.1% of victims AFCARS 2005– Black rate of adoptions AFCARS 2005– Black rate of adoptions

from foster care: 1% (13 states) to over from foster care: 1% (13 states) to over 50% (SC, DE, LA, IL, MD, NJ)50% (SC, DE, LA, IL, MD, NJ)

How Is Your State Doing in How Is Your State Doing in Implementing 2006 Federal Implementing 2006 Federal

Laws?Laws? Deficit Reduction Act of 2005 (Public Deficit Reduction Act of 2005 (Public

Law 109-171)Law 109-171)– Added two new grant programs to Added two new grant programs to

improve how improve how courts courts handle handle abuse/neglect cases (1. Improve abuse/neglect cases (1. Improve timely actions through better timely actions through better data/coordination; 2. Train judges and data/coordination; 2. Train judges and attorneys, including cross-training attorneys, including cross-training with child welfare workers)with child welfare workers)

– Must show court-child welfare Must show court-child welfare “substantial, on-going and meaningful “substantial, on-going and meaningful collaboration” collaboration”

Safe and Timely Interstate Placement of Safe and Timely Interstate Placement of Foster Children Act (Public Law 109-239)Foster Children Act (Public Law 109-239)– State must complete home studies State must complete home studies

requested by another state in 60 days requested by another state in 60 days (with some exceptions)(with some exceptions)

– State must show effective use of out of State must show effective use of out of state permanent placement resourcesstate permanent placement resources

– Courts must consider whether agency Courts must consider whether agency made “reasonable efforts” in made “reasonable efforts” in considering out of state permanent considering out of state permanent placementsplacements

– Kids in out of state placement must be Kids in out of state placement must be visited at least every 6 monthsvisited at least every 6 months

– Courts must help expedite out-of-state Courts must help expedite out-of-state placements and have authority to get placements and have authority to get out-of-state testimony and other out-of-state testimony and other information without requiring interstate information without requiring interstate traveltravel

– NOT RELATED TO INTERSTATE NOT RELATED TO INTERSTATE PLACEMENT: 1. Court must ensure foster PLACEMENT: 1. Court must ensure foster parents, pre-adoptive parents, and parents, pre-adoptive parents, and relative caregivers relative caregivers get noticeget notice that says that says they have a right to be heard in any they have a right to be heard in any court proceeding involving child in their court proceeding involving child in their care; 2. Foster child health/education care; 2. Foster child health/education records must be kept updated & given records must be kept updated & given free to every emancipating youthfree to every emancipating youth

Adam Walsh Child Protection & Safety Adam Walsh Child Protection & Safety Act (Public Law 109-248)Act (Public Law 109-248)– Fingerprint-based nationwide (through Fingerprint-based nationwide (through

FBI) criminal history checks must be FBI) criminal history checks must be done for all prospective foster/adoptive done for all prospective foster/adoptive parents & not just for IV-E eligible kids parents & not just for IV-E eligible kids (CAPTA: also done on other adult (CAPTA: also done on other adult relatives and non-relatives in the relatives and non-relatives in the home)home)

– Must check another state’s central Must check another state’s central registry for entries on any adult living registry for entries on any adult living in prospective foster/adoptive home, in prospective foster/adoptive home, for all states where applicant lived last for all states where applicant lived last 5 years5 years

– States must cooperate in sharing info.States must cooperate in sharing info.

– Child welfare agencies (& contracted Child welfare agencies (& contracted private agencies), after Governor’s OK, private agencies), after Governor’s OK, now have right to fingerprint-based now have right to fingerprint-based criminal history information criminal history information not only onnot only on prospective foster and adoptive parents, prospective foster and adoptive parents, but also on any adult in a home that is but also on any adult in a home that is under “investigation relating to an under “investigation relating to an incident of abuse or neglect of a minor”incident of abuse or neglect of a minor”

– Such agencies can get access to both Such agencies can get access to both National Crime Information Center National Crime Information Center (NCIC) and Interstate Identification Index (NCIC) and Interstate Identification Index (III) and, after training, (III) and, after training, direct terminal direct terminal accessaccess

Child and Family Services Improvement Child and Family Services Improvement Act (Public Law 109-288)Act (Public Law 109-288)– New, $40 million program of up to $1 New, $40 million program of up to $1

million/year grants (up to 5 years) to million/year grants (up to 5 years) to “regional partnerships” (formed by a “regional partnerships” (formed by a collaborative agreement) to “increase collaborative agreement) to “increase the well-being of, and improve the well-being of, and improve permanency outcomes for, children permanency outcomes for, children affected by meth or other substance affected by meth or other substance abuse”abuse”

– July 3 application deadlineJuly 3 application deadline– See: See:

http://www.acf.hhs.gov/grants/open/ http://www.acf.hhs.gov/grants/open/ HHS-2007-ACF-ACYF-CU-0022.htmlHHS-2007-ACF-ACYF-CU-0022.html

– Improving frequency of caseworker Improving frequency of caseworker visits to children in foster care -- states visits to children in foster care -- states must develop and report to HHS must develop and report to HHS standards for this, leading to standards for this, leading to at least at least monthlymonthly visits (for 90% of foster visits (for 90% of foster children by October 2011)children by October 2011)

– Beginning next year, states will get new Beginning next year, states will get new money to help achieve these goalsmoney to help achieve these goals

– 3 other new agency mandates: 3 other new agency mandates: 1) Must have process for 1) Must have process for active consultations with physicians and active consultations with physicians and other medical professionals for use in other medical professionals for use in facilitating assessments and treatment facilitating assessments and treatment for foster childrenfor foster children

2) Must prepare a state child 2) Must prepare a state child welfare welfare disaster plandisaster plan that includes how that includes how they will:they will:a) Identify, locate, and continue to a) Identify, locate, and continue to provide services to children under state provide services to children under state care or supervision who are displaced care or supervision who are displaced or adversely affected by a disaster;or adversely affected by a disaster;b) Respond to new cases after a b) Respond to new cases after a disaster;disaster;c) Keep in communication with c) Keep in communication with caseworkers and other personnel;caseworkers and other personnel;d) Preserve essential records; andd) Preserve essential records; ande) Coordinate services and share e) Coordinate services and share information with other statesinformation with other states

3) Must assure that 3) Must assure that every youth is involved in every youth is involved in decision-making regarding their decision-making regarding their exit from the foster care exit from the foster care system. At any administrative system. At any administrative or judicial “hearing” related to a or judicial “hearing” related to a youth’s permanent placement youth’s permanent placement or transition from foster care, or transition from foster care, they must be they must be consultedconsulted in an in an age-appropriate manner age-appropriate manner regarding any proposed regarding any proposed permanency or transitional planpermanency or transitional plan