Activity 1.4 (Part 2): An Introduction to Child Welfare Laws

[Casa Volunteer Coordinator]

Part 2:

Read the following overview of child welfare laws in the United States provided in your training manual. Then

choose one of the laws and post a three- or four-sentence summary of how that law

may impact your work as a CASA/GAL volunteer. In formulating your post, you may

choose to use only the information provided in this manual or you may choose to do

additional research on your own (speaking with CASA/GAL program staff, looking

up additional information online, etc.).

[Shea McFarland]

I have chosen the Indian Child Welfare Act of 1978 to write about. After reading it and doing a little research there are many unique aspects of the ICWA which would affect a CASA, but there was something that I think would be very important for me to know should I become a CASA for an Indian child. 

In any case dealing with a child there are to be "reasonable efforts" made when working with the parents/concerned parties. However, when dealing with an Indian child, under the ICWA there are to be 'active efforts' made. "Active efforts" are more intensive than "reasonable efforts." For example, reasonable efforts might be only a referral for services, but active efforts would be to arrange for the best-fitting services and help families engage in those services. These federal guidelines apply whether or not the child’s tribe is involved in the custody proceedings. This would affect me as a CASA in that I may need to actually help schedule an appointment for a parent and make sure that transportation is provided, instead of the parent actually being responsible for this themselves. 

I don't know, maybe I would not be the one actually responsible for 'making' the appointment, but someone would be. So, if it weren't being done it would be my responsibility to bring it to someone's attention. The main goal is reunification with the parents and I would need to make sure the parents were getting as much help as possible.

[ljjuve1]

I decided to pick the Child Abuse Prevention and Treatment Act (CAPAT) that was amended in 1996.  The reason is because this established most rights and protection to those children who were neglected and abused.  It gives them more rights legal from those that are the subjects of the cases and protects the children and the CASA/GAL that is assigned to the case.  CAPAT also helped the nation establish more programs to protect and assistthe  children within the system so that they are not continually victimized.  Protection and prevention is important to keep kids on the right track. 

[Victoria]

These laws are fascinating! I'm relieved to see some of the initiatives that are officially in place, and I hope that we (as a country) can help to enforce and expand on them.

The 1980 Adoption Assistance and Child Welfare Act states that there will be "established standards" for foster homes, and that those will be reviewed periodically. This stood out to me because I just read a book called "Three Little Words" by Ashley Rhodes-Courter. She is a survivor of the foster care system (she describes terrible conditions!) who finally - thankfully - received support from a CASA/GAL and was adopted. She is still very young, and this book is her memoir. I know that social workers are overworked and under valued, so I hope that we, as CASA volunteers, can step in and join the support team for kids in bad situations - whether that be in the home with the natural parents or while going through the court processes in foster care. 

This law is followed up by the 1997 Adoption and Safe Families Act which prioritizes child safety and insists on foster care being a temporary setting and not a place for children to grow up. How can we (as a country and as CASA volunteers) help get/keep the ball rolling on reunification or adoption?

[Victoria]

Shea, good distinction between "reasonable" and "active" efforts. I honestly didn't realize that the Indian people were still considered "sovereign" in those ways, but I definitely would want to honor the different expectations. 

[rethaleenightingale]

I am writing about the Child Abuse Prevention and Treatment Act signed into law in 1974.  I was in college when Senator Mondale introduced this Act.  You may think that was when dinosaurs walked the earth, but for me, 1974 seems not so long ago.  This indicates to me that abused children with whom we will work, will have elders who never benefited from this law.  As abuse is passed on by generations in many cases, am appalled it took so long for legislation to be passed about this serious issue but also relieved that we as a nation recognize the importance of preventing and treating abuse.  As a CASA volunteer, knowing there are available resources for me to better understand the law and how it is interpreted by professionals and the courts, will help me be more effective as an advocate for a child.  Our engagement may be the first time a child in an abusive family has hope of a better life - unlike the elders of the same family.

On Sunday, April 28, 2013 1:13:25 PM UTC-5, Casa Volunteer Coordinator wrote:

[rethaleenightingale]

[Anita Kennedy]

I have choosen CAPTA, Child Abuse PRevention & Treatment Act.  To me this was the beginning of our Nations acknowledgment of Child Abuse in our country.  This is Act, states were mandated to investigate reports of abuse and neglect.  They were mandated to educate and help break the cycle of abuse.  The were given the mandate to provide GAL's.  I believe that if you stay with the basics, every child deserves a safe, secure and loving childhood.  This is a law to protect our children, for they are the future.

 

       
On Sunday, April 28, 2013 1:13:25 PM UTC-5, Casa Volunteer Coordinator wrote:

[Leigh Ann]

 

I chose the Adoption Assistance and Child Welfare Act. The very first thing listed in this Act is to recruit culturally diverse foster and adoptive families.  I would never have thought of recruiting people to be foster parents, but I can see how that would be beneficial in our busy culture.  Just as CASA had a meeting to tell people about the program; I'm sure there are people that have no idea what it actually means or entails to be a foster parent.  As a CASA volunteer the portion of the Act that states "reasonable efforts" will be made to keep children in their home is very important to me.  I know that an unstable home is not the best place for a child, but I also know that there is a bond between a child and their parent(s) that is unbreakable. The best thing that can be done for any child is to encourage their parents, try to educate them and put people and services in their path that will help them through whatever it is they are going through. 

 

I, too, was enlightened by your information Shae that distinguished between reasonable efforts and active efforts.  Thank you!

 

 

 

[Deborah McGill-Webster]

I picked the Foster Care Independence Act. 

The saddest thing to me is the fact that children in foster care do not get selected by families because of issues due to generational abuse in their family of origin..

As a Family Therapist I look at 3 generations of abuse in families. 

So when a child is from an abusive home and enters into foster care that child has a lot of mental health issues in their DNA.

For many years this was misunderstood and the children who were sick stayed in the system and then had to be "aged out" of the system to maybe end up on the street or in jail. 

In 1999 by having this FCIA it addressed the older children who were still in foster care. 

As a Casa volunteer this act is great because I may be working with older children in foster care.

It would be difficult to advocate for children and not have the resources to refer them to become the best that they can be. 

deb

 

.  

  

On Sunday, April 28, 2013 1:13:25 PM UTC-5, Casa Volunteer Coordinator wrote:

[bzeanldy]

I chose the Foster Care Independence Act.  Under this act the John H. Chafee Foster Care Independence Program was established.  This program allows for continuing support of the youth who is in foster care until his/her 18^th birthday and helps them to transition into independent living.  It also states the importance of providing support for these children as they age out of foster care.  This can be done by “…interactions with mentors and other dedicated adults.”

On Sunday, April 28, 2013 1:13:25 PM UTC-5, Casa Volunteer Coordinator wrote:

[bzeanldy]

This is contiuation from previous post, hope not too confusing.

 As a CASA volunteer this Act will help me to understand what is required by law for the states to provide for these children.  I think that by knowing what is available and where to get the assistance will give me good resources so I could further help children get what they need.  

On Sunday, April 28, 2013 1:13:25 PM UTC-5, Casa Volunteer Coordinator wrote:

[Carter LeFon]

On Sunday, April 28, 2013 1:13:25 PM UTC-5, Casa Volunteer Coordinator wrote:

up additional information online, etc.). The 1074 CARTA  was important since it defined child abuse and set standards for enforcing reporting of child abuse. In 1978 I reported a case of child pornography on a military base. At the time I had completed A Guidance Counselor program but felt it was in the best interest of the children and the military to report this case. The man involved received a life sentence.