Federal Laws

The three most important Federal laws for child welfare are Title IV-B and Title IV-E of the Social Security Act (SSA) and the Inter-Ethnic Placement Act (IEPA).

Title IV-B establishes the requirements a state must meet in order to receive federal funding to assist the State to provide:

• family support services, time limited (up to 15 months) family reunification services, and adoption promotion and support services; and
• general child welfare services.

Title IV-E establishes the requirements a state must meet in order to receive reimbursement from the Federal government for the costs of providing foster care services to children who are determined to be eligible for Title IV-E foster care.

IEPA, the Inter-ethnic Placement Act, is the third important Federal law. In its simplest form, IEPA prohibits any consideration of a child's race or ethnicity as a factor in deciding which permanent placement will be in a child's best interest.

This means that a caseworker is absolutely prohibited from considering a child's race or ethnicity in any way, shape or form in his/her decision-making related to which permanent placement is in a child's best interest.

State of Illinois Laws

There are several Illinois laws which directly impact the provision of child welfare services to abused, neglected or dependent children and their families:

• The Children and Family Services Act which specifies the general duties and responsibilities of the Illinois Department of Children and Family Services (DCFS or the Department);
• The Abused and Neglected Child Reporting Act (ANCRA) which establishes the duties and responsibilities of the Department to receive, investigate, and respond to reports of suspected child abuse or neglect;
• The Juvenile Court Act which establishes the authority of the Juvenile Court to intervene with children and their families;
• The Adoption Act which specifies the grounds for parental unfitness and procedures governing the adoption of children;
• The Child Care Act which establishes the criteria and procedures governing the licensing and regulation of child welfare agencies, foster family homes, group homes, child care institutions, day care agencies, and individual day care providers;
• The Interstate Compact on the Placement of children which governs the placement of children in foster care from one State to another; and
• The Interstate Compact on Adoption and Medical Assistance which governs the provision of medical care to children adopted in one state and who subsequently move to another state.
• The Emancipation of Mature Minors Act which provide a means by which a mature minor who has demonstrated the ability and capacity to manage his own affairs and to live wholly or partially independent of his parents or guardian, may obtain the legal status of an emancipated person with power to enter into valid legal contracts.