| Child Welfare Agencies Potential Malpractice Liability for Inadequately Protecting a Child |
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| States have enacted laws requiring the filing of reports of suspected child abuse and neglect, and most states have specialized child protective agencies to investigate these reports. The organization of the agencies varies greatly from state to state. Child protective agencies should essentially perform the same functions.
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| Special Visitation Problems |
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| In a few states, statutes allow the court to consider in the initial custody decision which parent is likely to allow frequent and continuing contact with the other parent. Where the interference has been persistent or has involved hiding the child, the court may even transfer custody from one parent to the other. As a general rule, however, the court will not settle a dispute over visitation by transferring custody because modification may end up disrupting the child's stable home environment. More... |
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| Adoption and Safe Families Act - Reasonable Efforts |
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| The Family Preservation and Support Services Act required states to make "reasonable efforts" to reunify families and prevent the permanent removal of a child from his or her home. The Adoption and Safe Families Act (ASFA) attempts to clarify the "reasonable efforts" requirement. More... |
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| International Adoption - Requirements for Adoptive Parents |
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| Under United States law, a married U.S. citizen and his spouse may adopt a child from a foreign country. If the spouse is not a U.S. citizen, the spouse must be a legal immigrant in the U.S. An unmarried person may adopt a child from a foreign country if the person is at least 25 years old.
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| Requirements of the Indian Child Welfare Act |
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| The Indian Child Welfare Act (ICWA) is a federal law that sets minimum standards for the removal of Native American children from their homes. The ICWA applies to foster care placements, terminations of parental rights, and adoption and pre-adoption placements. When the ICWA applies to a proceeding, a state court must comply with the requirements of the act.
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