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How Federal Legislation Impacts Child Welfare Service Delivery
Series: Factsheets |
Author(s):
Child Welfare Information Gateway
|
Year Published: 2012 |
This factsheet provides an overview of the process by which legislative actions and policy changes at the Federal level impact State and Tribal child welfare systems and service delivery. Links to pertinent resources are provided for each step of the process. The steps in the process described in this document do not always occur in the same sequence listed here.
- Step 1: Congress passes and the President signs legislation that creates or amends a federally funded child welfare program.
- Step 2: The Children's Bureau provides guidance in response to Federal legislative mandates.
- Step 3: The Children's Bureau disburses funds to support child welfare programs as authorized by Federal legislation.
- Step 4: In response to Federal legislative mandates, policy, and/or funding requirements, States may enact statutes, and State and Tribal child welfare agencies may develop programs and policies to meet the needs of their constituencies.
- Step 5: The Children's Bureau monitors State child welfare services through data collection and onsite reviews to ensure that programs achieve positive outcomes for children and families.
- Step 6: The Children's Bureau responds to Congressional mandates to report on State performance in delivering child welfare services.
Step 2: The Children's Bureau provides guidance in response to Federal legislative mandates.
The Children's Bureau reviews the new legislation and its legislative history (as published in the Congressional Record) to determine what actions are required to advise States, Tribes, and territories about the new statutory provisions/requirements. After review, the Children's Bureau summarizes the new law in the form of an Information Memorandum or Program Instruction for States and Tribes. Policies related to the new law are developed in the form of topical questions and answers and published in the Child Welfare Policy Manual (CWPM). Proposed regulations specific to implementing legislation are published in the Federal Register, and the public is invited to provide comment. A final regulation that takes these comments into consideration is then published as a final rule in the Federal Register and codified in the Code of Federal Regulations.
Guidance related to new laws is disseminated to the States through a variety of means, including the following:
- Information Memoranda (IMs) notify States of new legislation and matters related to program activities and priorities.
- Program Instructions (PIs) clarify and explain procedures and methods to operationalize program policies, add details to program regulations or policy guide requirements, and convey program guidance information on required actions.
- The CWPM conveys mandatory policies that have their basis in Federal law and/or program regulations.
For more information:
- Code of Federal Regulations (CFR)
National Archives and Records Administration (NARA)
Codifies the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. - Federal Register
National Archives and Records Administration (NARA)
Serves as the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents. - Laws and Policies
Children's Bureau
Offers publications and resources on Federal laws, policies, and specific sections of regulation (as published in CFR) related to child abuse and neglect, child welfare, foster care, and adoption. - Laws and Policies
Child Welfare Information Gateway
Provides publications and resources related to State and Federal civil laws on child abuse and neglect, child welfare, foster care, and adoption. - RegMap
General Services Administration
Furnishes an overview of the rulemaking process from the initiating event through the publication of the final rule.
Next Steps
Step 4: In response to Federal legislative mandates, policy, and/or funding requirements, States may enact statutes, and State and Tribal child welfare agencies may develop programs and policies to meet the needs of their constituencies.