Professional Documents
Culture Documents
February 2013
Disponible en español
https://www.childwelfare.gov/
pubs/factsheets/spcpswork.cfm
What’s Inside:
• What happens when possible abuse or
The child welfare system is a group of services neglect is reported
designed to promote the well-being of children
• What happens after a report is
by ensuring safety, achieving permanency, and “screened in”
strengthening families to care for their children
• What happens in substantiated
successfully. While the primary responsibility (founded) cases
for child welfare services rests with the States,
• What happens to parents
the Federal Government plays a major role in
supporting States in the delivery of services • What happens to children
through funding of programs and legislative • Summary
initiatives. • Additional Resources
• Appendix: The Child Welfare System
The primary responsibility for implementing strangers. These cases are the responsibility
Federal child and family legislation rests of law enforcement.2
with the Children’s Bureau, within the
Administration on Children, Youth and
THE CHILD ABUSE PREVENTION
Families, Administration for Children and
AND TREATMENT ACT
Families, U.S. Department of Health and
Human Services (HHS). The Children’s
The Child Abuse Prevention and
Bureau works with State and local
Treatment Act (CAPTA), originally passed
agencies to develop programs that focus
in 1974, brought national attention to
on preventing child abuse and neglect by
the need to protect vulnerable children
strengthening families, protecting children
in the United States. CAPTA provides
from further maltreatment, reuniting
Federal funding to States in support of
children safely with their families, or finding
prevention, assessment, investigation,
permanent families for children who cannot
prosecution, and treatment activities
safely return home. For more information,
as well as grants to public agencies
see How Federal Legislation Impacts Child
and nonprofit organizations for
Welfare Service Delivery on the Child Welfare
demonstration programs and projects.
Information Gateway website:
Additionally, CAPTA identifies the
https://www.childwelfare.gov/pubs/impacts/
Federal role in supporting research,
index.cfm
evaluation, technical assistance, and
Most families first become involved with data collection activities. CAPTA also
their local child welfare system because of sets forth a minimum definition of child
a report of suspected child abuse or neglect abuse and neglect. Since it was signed
(sometimes called “child maltreatment”). into law, CAPTA has been amended
Child maltreatment is defined by CAPTA as several times. It was most recently
serious harm (neglect, physical abuse, sexual amended and reauthorized on December
abuse, and emotional abuse or neglect) 20, 2010, by the CAPTA Reauthorization
caused to children by parents or primary Act of 2010 (P.L. 111-320). Learn more
caregivers, such as extended family members about CAPTA from Child Welfare
or babysitters.1 Child maltreatment also Information Gateway (2011): https://
can include harm that a caregiver allows to www.childwelfare.gov/pubs/factsheets/
happen or does not prevent from happening about.cfm
to a child. In general, child welfare
agencies do not intervene in cases of harm The child welfare system is not a single
to children caused by acquaintances or entity. Many organizations in each
community work together to strengthen
1
Each State has its own laws that define abuse and neglect families and keep children safe. Public
for purposes of stating the reporting obligations of individuals
agencies, such as departments of social
and describing required State and local child protective services
agency interventions. To find State-by-State information
about civil laws related to child abuse and neglect, visit
2
While some States authorize child protective services
Information Gateway: https://www.childwelfare.gov/systemwide/ agencies to respond to all reports of alleged child maltreatment,
laws_policies/state other States authorize law enforcement to respond to certain
types of maltreatment, such as sexual or physical abuse.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare
2
Information Gateway. Available online at https://www.childwelfare.gov/pubs/factsheets/cpswork.cfm
How the Child Welfare System Works https://www.childwelfare.gov
3
See Information Gateway’s Mandatory Reporters of Child
Abuse and Neglect (https://www.childwelfare.gov/systemwide/
laws_policies/statutes/manda.cfm) and Making and Screening
Reports of Child Abuse and Neglect (https://www.childwelfare.
gov/systemwide/laws_policies/statutes/repproc.cfm).
4
The word approximately is used to stress the fact that States
frequently amend their laws.
5
See Information Gateway’s Definitions of Child Abuse and
Neglect: https://www.childwelfare.gov/systemwide/laws_
policies/statutes/define.cfm
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare
3
Information Gateway. Available online at https://www.childwelfare.gov/pubs/factsheets/cpswork.cfm
How the Child Welfare System Works https://www.childwelfare.gov
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare
4
Information Gateway. Available online at https://www.childwelfare.gov/pubs/factsheets/cpswork.cfm
How the Child Welfare System Works https://www.childwelfare.gov
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare
5
Information Gateway. Available online at https://www.childwelfare.gov/pubs/factsheets/cpswork.cfm
How the Child Welfare System Works https://www.childwelfare.gov
child maltreatment. In many States, certain help (e.g., housing, food) as well as services
types of abuse, such as sexual abuse and such as therapy, parent training, and
serious physical abuse, are routinely referred support groups.
to law enforcement.
Out-of-Home
Whether or not criminal charges are filed,
the name of the person committing the Most children in foster care are placed
abuse or neglect may be placed on a State with relatives or foster families, but some
child maltreatment registry if abuse or may be placed in a group or residential
neglect is confirmed. A registry is a central setting. While a child is in foster care, he
database that collects information about or she attends school and should receive
maltreated children and individuals who medical care and other services as needed.
are found to have abused or neglected The child’s family also receives services to
those children.6 These registries are usually support their efforts to reduce the risk of
confidential and used for internal child future maltreatment and to help them, in
protective purposes only. However, they most cases, be reunited with their child.
may be used in background checks for Visits between parents and their children
certain professions that involve working and between siblings are encouraged and
with children to protect children from supported, following a set plan.
contact with individuals who may mistreat Every child in foster care should have
them. a permanency plan. Families typically
participate in developing a permanency
hat Happens
W plan for the child and a service plan for
the family, and these plans guide the
to Children agency’s work. Family reunification, except
in unusual and extreme circumstances, is
Depending on the severity of the case, the permanency plan for most children. In
children may remain at home or be some cases, when prospects for reunification
removed into foster care. appear less likely, a concurrent permanency
plan is developed. If the efforts toward
In-Home reunification are not successful, the plan
may be changed to another permanent
In low-risk cases, children may remain in
arrangement, such as adoption or transfer
their own homes with their families, and
of custody to a relative.7 (For information
the families may receive in-home services
on concurrent planning, see Information
and supports. These may include parent
education, safety planning, counseling, and 7
Under the Adoption and Safe Families Act, while reasonable
more. Families may also be connected with efforts to preserve and reunify families are still required, State
community services that provide concrete agencies are required to seek termination of the parent-child
relationship when a child has been in foster care for 15 of the
6
For more information about these databases, see Information most recent 22 months. This requirement does not, at the
Gateway’s Establishment and Maintenance of Central Registries State’s option, apply if a child is cared for by a relative, if the
for Child Abuse Reports: https://www.childwelfare.gov/ termination is not in the best interests of the child, or if the State
systemwide/laws_policies/statutes/centreg.cfm has not provided adequate services for the family.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare
6
Information Gateway. Available online at https://www.childwelfare.gov/pubs/factsheets/cpswork.cfm
How the Child Welfare System Works https://www.childwelfare.gov
Gateway’s Concurrent Planning: What the care for their children successfully or, when
Evidence Shows at https://www.childwelfare. that is not possible, helping children find
gov/pubs/issue_briefs/concurrent_evidence/ permanency with kin or adoptive families.
index.cfm.) Among children who enter foster care, most
will return safely to the care of their own
Federal law requires the court to hold a
families or go to live with relatives or an
permanency hearing, which determines
adoptive family.
the permanent plan for the child, within
12 months after the child enters foster For more detailed information about the
care and every 12 months thereafter. Many child welfare system, please refer to the
courts review each case more frequently to resources listed below. For more information
ensure that the agency is actively pursuing about the child welfare system in your State
permanency for the child. or local jurisdiction, contact your local
public child welfare agency.
Whether or not they are adopted, older
youth in foster care should receive support
in developing some form of permanent
family connection, in addition to Additional Resources
transitional or Independent Living services,
to assist them in being self-sufficient when Badeau, S., & Gesiriech, S. (2003). A child’s
they leave foster care between the ages of 18 journey through the child welfare system.
and 21. Washington, DC: The Pew Commission
on Children in Foster Care. Retrieved
from http://www.pewtrusts.org/our_
work_report_detail.aspx?id=48990
The Children’s Bureau publishes
annual statistics on the numbers and
Child Welfare Information Gateway. (2011).
characteristics of children in foster care.
Understanding child welfare and the courts.
To read the most recent Adoption and
Washington, DC: U.S. Department of
Foster Care Analysis and Reporting
Health and Human Services, Children’s
System (AFCARS) report, visit the
Bureau. Retrieved from https://www.
Children’s Bureau website:
childwelfare.gov/pubs/factsheets/
http://www.acf.hhs.gov/programs/
cwandcourts.cfm
cb/research-data-technology/
statistics-research/afcars
Goldman, J., & Salus, M. (2003). A
coordinated response to child abuse and
neglect: The foundation for practice (The
Summary User Manual Series). Washington, DC:
U.S. Department of Health and Human
Services. Retrieved from https://www.
The goal of child welfare is to promote childwelfare.gov/pubs/usermanuals/
the well-being, permanency, and safety of foundation/index.cfm
children and families by helping families
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare
7
Information Gateway. Available online at https://www.childwelfare.gov/pubs/factsheets/cpswork.cfm
How the Child Welfare System Works https://www.childwelfare.gov
Suggested Citation:
Child Welfare Information Gateway.
(2013). How the child welfare system works.
Washington, DC: U.S. Department of
Health and Human Services, Children’s
Bureau.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare
8
Information Gateway. Available online at https://www.childwelfare.gov/pubs/factsheets/cpswork.cfm
How the Child Welfare System Works https://www.childwelfare.gov