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Foster Care

Foster Care. Coun 150 – Laws Relating to Children Richard M. Cartier Class 7 – Pages 167-201. Child Protective Services. Responsibilities No duty to intervene Limited tort liability (immunity) Systemic problems Inadequate resources -- $ / staff / programs “Secrecy” Wrongful removal.

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Foster Care

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  1. Foster Care Coun 150 – Laws Relating to Children Richard M. Cartier Class 7 – Pages 167-201

  2. Child Protective Services • Responsibilities • No duty to intervene • Limited tort liability (immunity) • Systemic problems • Inadequate resources -- $ / staff / programs • “Secrecy” • Wrongful removal

  3. Reunification or Termination • The “reasonable efforts” requirement • The Adoption and Safe Families Act of 1997 • Requires states to terminate parental rights if the child cannot be returned home • Terminating parental rights

  4. More on termination . . . • Due Process protections for parents • Grounds for termination • Presumptive grounds for termination

  5. After termination • Long term foster care • Guardianship • Adoption

  6. Foster Care • Temporary foster placements • Licensed private homes • Group homes or institutions • Kinship care • Approximately 550,000 children • Aging out of foster care

  7. Significant Cases • DeShaney • Smith v. OFFER See Tort Liability – p. 187

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