1

Guide for 

Incarcerated Parents

Who Have Children in the Child Welfare System*

* The Child Welfare System is also known as Child Protective Services (CPS) 

 or the Department of Family Services (DFS)
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A COLLABORATIVE EFFORT AMONG

The U.S. Department of Health and Human Services (HHS), Office of the Assistant Secretary for 

Planning and Evaluation (ASPE), and the Administration for Children and Families (ACF) 

The U.S. Department of Justice (DOJ), Federal Bureau of Prisons (BOP) 

August 2015

ACKNOWLEDGMENTS

We would like to thank the women of Waseca Federal Prison for the time and effort they spent 

reviewing this guide, giving feedback, and sharing their personal experiences. Thanks to their 

review, this guide is a far more useful product.

We would also like to thank Rebecca Shlafer Nealy of the University of Minnesota and her students 

for their comments on the guide, and the Federal Children of Incarcerated Parents Interagency 

Working Group, a subgroup of the Federal Reentry Council, for their support of this project.
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Hello

If you are reading this, you are probably involved in the criminal 

justice system and have children in the child welfare system. You 

may also know the child welfare system as the foster care system, 

Child Protective Services (CPS), or the Department of Family 

Services (DFS). 

The purpose of this guide is to help parents involved in 

the criminal justice system work with the child welfare 

system to stay in touch with their children and stay 

involved in decisions about their children’s well-being. 

The guide also includes important information on steps 

required by the child welfare system for reunification, or 

having children return home to their family after foster 

care.

If you are in the criminal justice system and need 

guidance on how to stay involved with your children and 

how to understand the reunification process, you are 

not alone. Roughly 1 in 10 mothers and 1 in 50 fathers 

in state prison has a child in the child welfare system 

during their incarceration.

The child welfare system can be difficult to figure out.

To help you better understand the language the child 

welfare system uses, the first time a term is used it is in 

BOLD CAPITAL LETTERS. These words are explained 

in a glossary beginning on page 29.
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This guide includes:

Section 1: Child Welfare Stages

This section provides general information about how the child welfare system works.

Section 2: What to do if Your Child is in the Child Welfare 

System

This resource explains what you should do if you think your child is in the child welfare 

system.

Section 3: What to Include in a Letter or Conversation with 

Your Child’s Social Worker

This section gives some basic elements to include in your communication with your 

child’s social worker. 

Section 4: Other Information that May Apply to You

This section discusses other situations that may be relevant to you such as owing child 

support, having a child with a disability, and more. 

Section 5: Information on Termination of Parental Rights

This section explains the process for terminating parental rights, including how the 

decision is made and what parents can do after their parental rights have been 

terminated. 

Section 6: Who Can Help?

This section provides suggestions for organizations that can help you navigate the child 

welfare system. 

Section 7: State Child Welfare Agency Contact Information

This section gives you contact information for state child welfare agencies so you can get 

in touch with the child welfare agency that is responsible for handling your child’s case.

Glossary of Terms Used by Child Welfare

This glossary will help you understand the common words and language used by staff in 

child welfare agencies. 

Appendix A: Myth Buster on Parental Rights

This page explains that not all parents in prison automatically lose their parental rights.
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Table of Contents

Page

Number

Hello...............................................................................................................................................................................3

Section 1: Child Welfare Stages.........................................................................................................................6

Stage I: Child is Removed from Home and Placed in the Care of the State or Local

Child Welfare Agency...............................................................................................................................6

Stage II: Child is Placed in “Out-of-Home Care” ............................................................................6

Stage III: Continued Planning and Assessment ............................................................................7

Stage IV: Permanency and/or Termination.....................................................................................8

Section 2: What to Do if Your Child is in the Child Welfare System .....................................................9

Section 3: What to Include in a Letter or Conversation with Your Child’s Social Worker......... 13

Section 4: Other Information That May Apply to You ............................................................................. 14

Children with Disabilities....................................................................................................................... 14

American Indian Families .................................................................................................................... 14

Child Support............................................................................................................................................15

Across States............................................................................................................................................16

Immigrants.................................................................................................................................................16

Section 5: Termination of Parental Rights – What to Do Next ............................................................ 17

What is the purpose of a Termination Hearing?......................................................................... 17

When can a Termination Hearing take place?............................................................................ 17

What can I do next if my parental rights are terminated? ...................................................... 17

Section 6: Who Can Help?.................................................................................................................................19

Lawyers.......................................................................................................................................................19

Child Advocates.......................................................................................................................................22

Advocates for Immigrants...................................................................................................................22

Advocates for Children with Disabilities.........................................................................................22

Section 7: State Child Welfare Agency Contact Information...............................................................23

Glossary of Terms Used by Child Welfare..................................................................................................29

Types of Child Welfare Placements.................................................................................................30

Permanency..............................................................................................................................................30

Types of Permanency Options..........................................................................................................31

Appendix A: Myth Buster on Parental Rights.............................................................................................32
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Section 1: Child Welfare Stages

This explanation of stages will help 

you — the parent — understand how 

the child welfare system works. (All of 

the words in BOLD CAPITAL LETTERS

are explained in the glossary beginning 

on page 29).

TIP: Even if you leave your child to be cared for by family or friends, it is important that you 

check on your child from time to time to make sure they are okay, and that circumstances 

haven’t changed.

Stage I: Child is Removed from Home and Placed in the Care 

of the State or Local CHILD WELFARE AGENCY

A child may be removed from the home in one of three different ways: before the parent’s arrest, 

at the time of the parent’s arrest, or after the parent has been in prison or jail for a while. For 

example, a parent may leave their child in the care of the child’s grandparent when he or she is 

arrested and incarcerated. However, a year or two after the arrest, the grandparent may be unable 

to care for the child, and the child ends up in the child welfare system. Even if a parent leaves their 

child in the care of family or friends, they should still check on their child periodically to make sure 

they are okay where they are.

Stage II: Child is Placed in “OUT-OF-HOME CARE”

After the state or local child welfare agency decides to take the child into their custody, the agency 

has to decide who should look after the child. Out-of-Home Care placements can include:

FOSTER CARE — This is a temporary service provided by States for children who cannot live with 

their families. Children in foster care may live with relatives or with unrelated foster parents. Usually 

foster care families receive some financial assistance from the child welfare agency to care for the 

child. Every child in foster care is assigned a SOCIAL WORKER to manage the child’s case. Social 

workers try to get the child home as soon as possible. When that is not possible, social workers 

try to arrange to have the child stay with relatives for the long term or may seek other long-term 

options, such as ADOPTION.

KINSHIP CARE — This is when a child lives with relatives, members of their tribe or clan, 

godparents, stepparents, or an adult who has a close relationship with the child. These 

arrangements can be “formal,” where the child welfare agency monitors the family. For example, 

a child goes to live with their grandparent, and the grandparent receives money from the state 

or local child welfare agency for caring for the child. In return, the grandparent has to go through 

training and has to be checked on by the child welfare agency.
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TIP: Make sure your child’s social worker talks to a case 

manager at your prison. The case manager can tell the 

social worker about programs offered at the prison. 

The social worker can also tell the case manager about 

important court dates and ask for permission to allow 

you to participate by phone.

It can also be an “informal” arrangement between the parent and the relative to care for the 

child. In these cases, the child welfare agency has very little, if any, involvement. Dependency or 

Family courts are also not involved in informal arrangements. For example, an “informal” kinship 

agreement would be if a mother is arrested and asks her own mother to care for her child while 

she is away. The grandmother does not get a foster care payment and there is no involvement 

from the courts.

RESIDENTIAL GROUP CARE — This is when the child welfare agency places the child in residential 

group care because the child is unable to live with a family due to their special needs. Examples of 

a residential group care setting include a community-based group home with structured support 

or a locked facility.

Stage III: Continued Planning and ASSESSMENT

When the child goes to live in foster care, formal kinship care, or residential group care, the social 

worker writes a case plan, which explains what the parent needs to do to live with their child 

again. The case plan describes the services provided to the family, the tasks the parent needs to 

complete to work towards reunification, and sets a goal for where the child will live permanently 

after he or she leaves foster care.

While the child is in foster care, formal kinship care, or residential group care, the social worker 

does an ongoing assessment of the case with a formal review occurring every 6 months, to see if 

progress is being made on the case plan.

Parents should stay in close touch with their child’s social worker during this time to help make 

decisions about what should be included in the case plan. Parents should make sure the social 

worker knows their expected release date. It is also important to make sure that the social worker 

knows how to get in touch with a case manager at the parent’s prison. The parent’s case manager 

TIP: You should stay in touch with your child’s social worker to help make decisions 

about the CASE PLAN, which includes where your child lives and what to do next. Make 

sure your child’s social worker knows that you want to be with your child, and are willing 

to do what it takes to live with them after you are released.
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at the prison may be able to provide information to the social worker about programs offered in 

the prison which can be included in the case plan. The social worker can also inform the parent’s 

case manager about important court dates and make arrangements for the parent to be allowed 

to participate.

Stage IV: PERMANENCY and/or TERMINATION

Permanency: Permanency is when a child is placed with a legally permanent, nurturing family. 

Permanency is the ultimate goal in every case plan. A child in foster care is said to have achieved 

permanency if: 

1. The child is discharged from foster care to reunite with his or her family, either a parent or 

another relative; 

2. The child is discharged from foster care to a legally finalized ADOPTION; or 

3. The child is discharged from foster care to the care of a LEGAL GUARDIAN.

TERMINATION OF PARENTAL RIGHTS: If a child has been in foster care 15 out of the most 

recent 22 months, the child welfare agency is required by law to initiate termination of parental 

rights. However, there are some exceptions that may apply when a parent is incarcerated. These 

exceptions include: 

•	 if the child is being cared for by a relative (decided by the state); 

•	 the state agency has documented in the case plan a good reason why terminating 

parental rights would not be in the best interests of the child; or 

•	 the state has not provided the family with the child services necessary for the safe return 

of the child to the child’s home, if providing state services was required. 

TIP: Some incarcerated parents lose parental 

rights if their child is in the child welfare 

system 15 out of the most recent 22 months. 

Talk with your child’s social worker to find 

ways to try to avoid losing your parental rights.
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Section 2: What to do if Your Child is 

in the Child Welfare System

1. Get in touch and stay in touch with your 

child’s social worker.

It is very important to know where your child is while you are 

incarcerated. Stay in touch with the people who are caring for him 

or her. If your child is in the child welfare system, it is very important 

to stay in touch (via mail or telephone calls) with the social worker 

handling your child’s case. Sometimes it can be difficult to get in 

contact with your child’s social worker. Here are some strategies for 

how to stay in touch: 

 Check in with your child’s social worker at least once every 3 

months. However, if there are frequent changes in where your 

child is living, you should check in more frequently. 

 If you think that your child is in foster care, but do not know 

who the social worker is, there are ways to find out. Page 23 of 

this guide gives the contact information for state child welfare 

agencies. 

•	 Call the agency in the state where your child is currently 

living to see if he or she is in the child welfare system. 

•	 Explain that you think your child may be in the child welfare 

system and give the last known address where your child 

was living. 

 If your child is in foster care, the state agency should be able 

to give you contact information for the social worker or for the 

local child welfare agency handling your child’s case. 

 It is also important to read your mail. If your child is in foster 

care, the social worker handling your child’s case has a legal 

responsibility to get in touch with you. This communication 

will most likely be a letter in the mail. If you get a letter from a 

social worker, it is important that you reply right away. 

 It is important to make sure that the social worker has your 

most recent address. If you are transferred to a different 

facility, make sure your child’s social worker knows your new 

contact information.

TIP: If you are 

transferred to a 

new facility, make 

sure you let your 

child’s social 

worker know 

your new mailing 

address. 

TIP: Be sure to 

open all mail from 

Child Welfare 

Agencies and 

respond quickly.

(All of the words in BOLD CAPITAL LETTERS are explained in the glossary that begins on page 29).
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 Make sure the social worker knows the best way to reach you 

and communicate with you. The social worker should know 

if he or she must accept emails or phone calls coming from 

the institution or know if you cannot make phone calls during 

certain times, etc. Make sure he or she knows the visiting 

hours and rules.

It can be difficult to get in touch with social workers for a few 

reasons. Social Workers may be handling cases for many different 

children and may not be able to pick up their phone. Or you may 

not have access to paper and stamps to send a letter. Sometimes 

communication does not make it to the right person, or emails are 

not accepted by the child welfare agency.

 If the social worker is not responding, try a few different forms 

of communication such as email in addition to a letter or a 

phone call. 

 It may also be a good idea to try to get an advocate to help 

you. More information about advocates can be found in the 

section beginning on page 22.

2. Make sure you have all of the right 

information about your child’s case.

Make sure to get all the right information about your child’s case 

from your child’s social worker when you talk to them. Ask if you 

will be appointed a lawyer to represent you in the child welfare 

case. If you will be appointed a lawyer, ask for the lawyer’s contact 

information. Make sure the lawyer knows that you would like to 

be REUNIFIED with your child. Information may also come from 

the child welfare agency or a lawyer in charge of your child’s care 

(remember to check your mail). Usually social workers will try to 

reach out to parents if they are in danger of losing their parental 

rights. However, it is a good idea to be proactive and reach out to 

your child’s welfare social worker, as sometimes communication 

can come late. The checklist in Section 3 has specific information 

you should discuss with your child’s social worker when you make 

contact. 

3. Let the social worker know that you want 

family reunification (to live with your 

child) after your release from prison. 

Not all incarcerated parents are able to reunite with their child after 

leaving prison or jail. Every case is different and is treated differently 

TIP: Let your 

child’s social 

worker know that 

you want to be 

reunified. 

TIP: Keep a list of 

all the information 

you need to get 

from your child’s 

social worker.
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by the courts. There is no “one size fits all” answer for how parents 

can be reunited with their child. There are different child welfare 

laws in each state that influence whether an incarcerated parent is 

reunited with their child.

Reunification with your child may not be possible, but it is always 

very important to tell your child’s social worker that you are willing to 

do what it takes to have CUSTODY of your child upon your release. 

Let the social worker know that you are willing to work with them to 

make it happen. You can also help by telling the social worker about 

relatives or family friends who may be able to care for your child until 

you are released from prison. You are less likely to lose your parental 

rights if the child is staying with relatives or a family friend than if 

your child is staying with foster parents found by the child welfare 

system. 

4. Work with the social worker to do 

everything possible to prepare for 

reunification while you are still 

incarcerated.

Every child’s case is different. Therefore, every parent may have 

to do different things to reunify with their child. You should work 

with the social worker and your case manager in prison to see if 

there are things you can do from prison to increase your chances 

of reunifying with your child upon release. For example, a social 

worker may require you to take parenting classes or participate in 

substance abuse treatment before reunifying with your child upon 

release. Check with your prison case manager to see if the prison 

offers these classes, and check with your child’s social worker to 

see if the classes offered in prison can count toward that goal. Also 

consider enrolling in an education or employment class to show 

your child’s social worker that you are taking the right steps to be 

able to support your child when you are released. It is important to 

coordinate with your prison case manager to determine how best to 

provide your child’s social worker with documentation of these types 

of programs.

5. Find a lawyer or an advocate to help you.

Because you may not be able to meet with your child’s social worker 

in person, it may be helpful to find a lawyer or an advocate who can 

help you reach your goals. For more information about finding a 

lawyer or advocate to help with your case, please see the section 

beginning on page 19 of this guide. 

TIP: There are 

things you can 

do in prison to 

show your child’s 

social worker that 

you are ready for 

reunification. 

TIP: Talk to your 

case manager in 

prison and your 

child’s social 

worker to find out 

what you can do 

in prison to help 

your chances of 

reunifying with 

your child after 

you are released. 
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6. Participate in COURT HEARINGS and 

ADMINISTRATIVE REVIEWS when 

possible. 

Every child in the child welfare system has regular court hearings 

and administrative reviews to review the child’s case. When 

possible, you should try to participate in these court hearings 

and administrative reviews so that you can be involved in 

making decisions about your child. Federal law requires that 

parents be allowed to participate in permanency court hearings 

and administrative reviews for their child’s child welfare case. 

However, location and security requirements often make it hard for 

incarcerated parents to attend in-person. If attending in-person is not 

possible, it may be possible to work with your prison case manager 

and your child’s social worker to participate by phone or video.

7. Stay in touch with your child.

When possible you should try to stay in touch with your child 

through visits, telephone calls, writing letters, and any other forms 

of communication available. Some prisons also have programs in 

place to allow inmates to send home recordings of them reading 

books to their child. Staying in touch with your child shows your 

child’s social worker that you are committed to maintaining your 

relationship with your child and that you want to stay involved in his 

or her life.

TIP: It is important 

to write letters 

and stay in touch 

with your child. 

TIP: Try to 

participate in 

court hearings 

and administrative 

reviews by phone 

if you cannot go in 

person.

To learn more about your rights and 

responsibilities, please see “A Family’s 

Guide to the Child Welfare System.”

You can ask your institution Reentry 

Affairs Coordinator or case manager 

where you can get a paper copy of this 

document. Or they can obtain a copy for 

you from http://www.tapartnership.org/

docs/familyGuideToChildWelfare.pdf
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Section 3: What to Include in a 

Letter or Conversation with Your 

Child’s Social Worker

Here are some things to include in a letter to your child’s social worker or to mention when you 

speak to them:

 Your name.

 The name and address of the facility where you are incarcerated.

 Any possible or planned changes of address.

 The name and contact information for your case manager at your facility. 

 Your child’s name, date of birth, and last known address.

 Information about your child, such as if he or she has any disabilities. Tell them 

about your child’s likes or dislikes. How does he or she do in school? Any 

information about your child may be helpful.

 Specific details for how the social worker can get in touch with you:

•	Should he/she call you, write you a letter, or communicate via e-mail?

•	What are the rules around communication? Let the social worker know if he/she 

will have to accept a request to communicate with you. 

•	What are the security procedures for phone calls, mail, email and visits? Let him 

or her know that it may take longer for you to receive mail because it needs to 

be screened. Let him or her know you do not have access to the Internet but you 

may be able to use controlled emails.

 A request for a copy of the case plan which is the plan for the care, safety, and wellbeing of your child and any revisions to that plan.

 A request for the court dates associated with your child’s case and ways you can 

participate (e.g., by phone or live video).

 Clear statement that you want to be reunified with your child.

 What you are doing to stay in touch with your child (e.g., do you call them or write 

letters?) and if you are taking classes. All of these things show your child’s social 

worker you are making an effort to reunify with your child.

 Any recommendations for family or friends who are willing and able to care for your 

child while you are incarcerated (e.g., the child’s grandparent, a close family friend, 

another relative, etc.).

TIP: When possible, try to keep a record of all communication you send to your child’s 

social worker. As part of this record, you should keep track of how many times you tried 

calling and keep a copy of any letters you send. This record may come in handy later to 

remind you and others what you have shared with your child’s social worker.
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Section 4: Other Information that 

May Apply to You 

Children with Disabilities

If your child has a disability, either physical or mental, it is very important to make sure that your 

child’s social worker knows about the disability and any treatments or medication your child is 

taking and/or needs to take. Social workers are trained to ensure that your child is safe. They also 

provide training to foster care parents and kinship care parents about how to keep children safe. 

However, some caregivers are better than others at caring for children with disabilities. Therefore, 

it is important for your child’s social worker to be aware of any and all disabilities so that he or 

she can find the best person or people to care for your child. Also, if your child will be changing 

schools, it is important to make sure that the social worker notifies the new school about any 

physical or mental disabilities. If possible, send your child’s social worker any documentation 

about the disability, either from a doctor or a teacher.

American Indian Families

(Source: “A Family’s Guide to the Child Welfare System” p 81).

The child welfare system is a little different for American Indian families. All state child welfare 

agencies must follow the Indian Child Welfare Act (ICWA), which is a Federal law for Indian tribes. 

The law gives Indian tribes the right to be involved in deciding what should happen to Indian 

children who may be placed in foster care or adoptive placements.

Your child’s social worker should ask you if you are a member of a federally recognized Indian 

tribe.
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Or the social worker may decide that your child is an ICWA case if he or she learns that your family 

has connections to an Indian tribe, Indian organization, or agencies like the Indian Health Service. Your 

friends or relatives may also say something to the child welfare agency that suggests they need to 

follow ICWA.

ICWA gives Indian parents certain rights. ICWA gives state child welfare agencies certain 

responsibilities:

•	 Before state child welfare agencies can take children from their families, ICWA requires the child 

welfare agency make “active efforts” to help keep children at home. “Active efforts” means any 

kind of direct services and assistance that will help the family stay together. But if the situation is 

very dangerous, children can be removed immediately until it is safe for them to be returned.

•	 As an Indian parent, if your child must be removed from your home, the state child welfare 

agency and state court must notify you and your child’s tribe(s) by registered mail about the 

case. This must happen whenever a tribal member is involved in a child welfare hearing. No 

hearing can be held until 10 days after you and your tribe receive the notice. Then you and your 

tribe can request up to 20 additional days to get ready for the hearing.

•	 If you are not able to afford a lawyer, under ICWA, you have the right to have a lawyer appointed 

by the court. If the state does not provide you with a lawyer, the court is supposed to pay 

reasonable fees and expenses so that you will have a lawyer.

•	 Before removing your child from home, ICWA requires that an “expert witness” testify in court 

that this placement is necessary. The expert witness is a person who is American Indian or who 

has experience working with Indian families.

As an Indian parent, if your child is placed into foster care, he or she must be placed with a relative. 

If a relative isn’t available, he or she must be placed with a foster family who is a member of your tribe. 

If no foster family from your tribe is available, your child must be placed with an Indian foster family who 

is a member of another tribe. Unfortunately, there are often few, if any, Indian foster families available. 

As a result, Indian children are sometimes placed with non-Indian foster families, which is often not the 

preferred placement strategy.

Child Support

If you pay child support, The Office of Child Support 

Enforcement (part of the U.S. Department of Health and 

Human Services) has written a guide called “Changing 

a Child Support Order” that might help you and possibly 

reduce the amount you owe in child support. The guide 

has information to help incarcerated parents, and people 

who work with parents, better understand the child 

support review process.
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The child support guide explains how you can ask to have your child 

support order changed when your financial situation changes. You 

can find phone numbers, websites, and forms (where available) 

to help start the modification process. The guide can be helpful if 

you do not know a lot about the child support system or if you do 

not have access to the Internet. A paper copy of the guide may 

be available at your facility, or you can ask the Reentry Affairs 

Coordinator at your facility to get the guide at http://www.acf.hhs.

gov/programs/css/resource/state-by-state-how-to-change-a-childsupport-order or the Federal Bureau of Prison’s webpage. 

If you have had a significant change in your income or living 

situation, and you have a case with a child support office, it is 

important that you contact the child support office as soon as 

possible so changes can be made if necessary. Child support 

orders are not automatically reduced when a parent enters prison, 

even if a parent does not have the ability to pay the order anymore. If 

you wait until you are no longer incarcerated, you will still owe the full 

amount of child support.

Across States

Many incarcerated parents are living in a different state from where 

their child is living. Each state has different child welfare laws and 

processes. The state where your child is living is the state whose 

laws apply to the case. For example, if you are incarcerated in 

Indiana, but your child is in Michigan, contact the Michigan child 

welfare agency. Or if you are planning to return to Maryland, but your 

child is living in Florida, contact the Florida child welfare agency. The only time this does not apply is if 

the child was legally adopted, and the child and the adoptive parents moved out of state. In that case, 

contact the child welfare agency in the state the child was living when he or she was adopted. The 

most important thing is to stay in touch with your child’s social worker. Your child’s social worker will 

know the state laws and how to handle the case across states.

Immigrants

It is very important that your child’s social worker knows where you are. If you change locations, 

let them know immediately. If you are scheduled to be deported, you must let your child’s social 

worker know if you want your child to be with you during the deportation. Give the social worker this 

information as soon as possible. You may want to get help with your case. Please see page 22 for a list 

of organizations that may be able to help.
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Section 5: Termination of Parental 

Rights — What to do Next

Child welfare agencies are required to work with parents, including 

incarcerated parents, in case planning for their child in foster care.

Social workers try to reunify families whenever possible; however, 

there are some cases where giving custody to the parent is not 

possible. When a child’s social worker decides that giving custody is 

not possible, he or she will initiate termination of parental rights, which 

is decided through a Termination Hearing.

What is the purpose of a Termination Hearing?

(Source: “A Family’s Guide to the Child Welfare 

System” p 50).

The purpose of a Termination Hearing is to 

decide whether all of a parent’s rights should 

end, for example, the right to make decisions 

about a child, the right to visit, and more. If a 

parent’s rights are terminated, the child can be 

placed in another permanent home, usually 

through adoption.

It is very important for you to participate in the 

Termination Hearing in order to try to prevent 

losing parental rights.

When can a Termination Hearing take place? 

A Termination Hearing can happen any time 

after the child is placed in foster care. Federal 

law says that a Termination Hearing may be held 

after a child has been in foster care for 15 out of 

the most recent 22 months. In some states, a 

Termination Hearing can take place sooner for 

these reasons:

•	Some states give parents less time

•	The social worker determines that the parent 

has abandoned the child

•	The social worker offers the parent services 

and steps to follow for reunification but the 

parent does not make any effort to follow the 

steps

•	A court has determined that a parent has 

murdered, attempted to murder, or seriously 

injured another one of his or her children

It is important to stay in close contact with your 

child’s social worker so that you know when 

or if a Termination Hearing is scheduled. If a 

Termination Hearing is scheduled, you should try 

to have a lawyer or advocate help you with your 

case. 

See the section beginning on page 19 for 

more information about contacting a lawyer or 

advocate.

What can I do next if my parental rights are 

terminated? 

Since the decision to terminate parental rights 

is made by a judge through the court system, 

parents must appeal the decision through the 

legal system. Each state has different laws for 

how the appeal process works, what the criteria 

is for an appeal, and how much time parents 

have to appeal after the decision is made. 
18

To appeal a Termination of Parental Rights 

decision, you may want to seek the help of a 

lawyer. See the section beginning on page 19 for 

more information on finding a lawyer. 

If you cannot appeal the decision, or if the 

appeal was turned down by the court, there 

may be ways to continue communication or 

a relationship with your child informally. If your 

child is under age 18, you can contact your 

child’s legal guardian or adoptive parents and 

let them know that you would like to have a 

relationship with your child. You can discuss how 

this relationship might work (for example, writing 

letters from time to time, making phone calls, or 

having approved visits at the prison). If you do not 

know who your child’s legal guardian is, you can 

contact your child’s child welfare agency to see if 

they can tell you that information. Be aware that 

some parents who adopt children from the child 

welfare agency decide that they would not like 

to be contacted by the child’s biological parents. 

You can always ask the child welfare agency 

to get in touch with the child’s legal guardian 

or adoptive parents and tell them that you are 

interested in having a relationship with your child 

and see if the legal guardian or adoptive parents 

will agree. Since they are now the legal guardian 

or adoptive parents of the child, they have the 

legal right to make the decision. There is no 

guarantee that the legal guardian or adoptive 

parents will agree. 

If your child is over age 18, you can contact the 

child directly and tell them that you would like to 

have a relationship. Because the child is now a 

legal adult, he or she is entitled to decide whether 

he or she would like a relationship. 
19

Section 6: Who Can Help?

This section provides contact information for organizations that may be able to 

help you with your child welfare case.

Lawyers

You are allowed to have a lawyer represent you in all child welfare administrative reviews and hearings. 

Lawyers can help explain to the court why are you unable to participate in person and present your 

wishes to the judge. Some state laws give you the right to a lawyer for child welfare cases and will 

appoint one for you if you cannot afford a lawyer on your own; other states do not give you a right to a 

lawyer. You should ask your child’s social worker to find out the laws for your state.

If you are not appointed a lawyer in your state, you can still find and pay for one on your own. If you are 

not able to pay for a lawyer, you can check with the following legal associations, who may be able to 

provide services free of charge (also called “pro bono”).

*These legal aid organizations are listed in alphabetical order by state. Some of these organizations 

may be able to help you. If they cannot, or if they do not serve clients who live in your part of the state, 

ask them if they can refer you to a different lawyer who can help.

Alabama Legal Services

207 Montgomery Street, 

Suite 1200

Montgomery, AL 36104

866-456-4995

Alaska Legal Services

1016 W. 6th Avenue, Suite 200

Anchorage, AK 99501

907-272-9431

Arizona State University

Armstrong Hall, Room 106

Tempe, AZ 85287

480-965-6968

Legal Aid of Arkansas

714 South Main Street

Jonesboro, AR 72401

870-972-9224

California

Legal Services for Prisoners 

with Children

1540 Market Street, Suite 490

San Francisco, CA 94102

415-225-7036 

Colorado Legal Services

315 W. South Boulder Road,

Suite 205

Louisville, CO 80027 

303-449-7575

Connecticut Legal Services

62 Washington Street

Middletown, CT 06457

860-344-0447

Delaware Community Legal 

Aid Society

100 West 10th Street, 

Suite 801

Wilmington, DE 19801

800-292-7980

Florida Legal Services, Inc.

2425 Torreya Drive

Tallahassee, FL 32303

850-385-7900

Georgia Legal Services 

Program

104 Marietta Street NW

Atlanta, GA 30303

404-206-5175

Legal Aid Society of Hawaii

924 Bethel Street

Honolulu, HI 96813

808-536-4302
20

Idaho Legal Aid

310 N. 5th Street

Boise, ID 83702

208-336-8980

Illinois

Chicago Legal Advocacy for

Incarcerated Mothers

70 East Lake Street, Suite 1120

Chicago, IL 60601

312-675-0912

Indiana Legal Services

214 South College Avenue

Bloomington, IN 47404

812-339-7668

Iowa Legal Assistance

736 Federal Street, Suite 1401

Davenport, IA 52803

563-322-6216

Kansas Legal Services

712 S. Kansas Avenue, 

Suite 200

Topeka, KS 66603

785-354-8311

Kentucky Legal Aid

1700 Destiny Lane 

Bowling Green, KY 42104

800-782-1924

Louisiana Legal Services

1200 Derek Drive, Suite 100

Hammond, LA 70403

985-345-2686

Maine 

88 Federal Street

P.O. Box 547

Portland, ME 04112

207-774-8211

Maryland Legal Services

7500 Gov. Ritchie Highway,

Room 206 

Glen Burnie, MD 21061

410-260-1392

Massachusetts Legal 

Assistance Corporation

7 Winthrop Square, 2nd Floor

Boston, MA 02110

617-367-8544

Michigan Legal Services

220 Bagley, Suite 900

Detroit, MI 48226

313-964-4130

Minnesota Legal Services

2324 University Avenue West

St. Paul, MN 55114

651-228-9105

Mississippi Center for 

Legal Services

P.O. Box 1728

Hattiesburg, Mississippi 39403

800-773-1737

Missouri Legal Services

4232 Forest Park Avenue

St. Louis, Missouri 63108

314-534-4200

Montana Justice Foundation

11 N. Higgins, Suite 516

Missoula, MO 59802

406-523-3920

Nebraska Legal Aid

1904 Farnam Street, 5th Floor

Omaha, NE 68102

402-348-1069

Nevada Legal Aid

725 E. Charleston Boulevard

Las Vegas, NV 89104

702-386-1070

New Hampshire Legal Advice 

& Referral Center

48 South Main Street

Concord, NH 03301

800-639-5290

Legal Services of New Jersey

P.O. Box 1357

Edison, NJ 08818

888-576-5529

New Mexico Legal Aid

301 Gold Avenue SW

Albuquerque, NM 87102

505-243-7871

New York Legal Aid Society

199 Water Street

New York, NY

212-577-3300

North Carolina Legal Aid

224 South Dawson Street

Raleigh, NC 27601

866-219-5262

Legal Services of North 

Dakota 

1025 Third Street North

P.O. Box 1893

Bismarck, ND 58502

800-634-5263

Ohio — The Legal Aid Society 

of Columbus

1108 City Park Avenue

Columbus, OH, 43206

614-241-2001
21

Legal Aid Services of 

Oklahoma, Inc.

2901 North Classen Boulevard, 

Suite 112

Oklahoma City, OK 73106

888-534-5243

Legal Aid Services of Oregon

921 SW Washington, Suite 500

Portland, OR 97321

503-224-4086

The Pennsylvania Legal Aid 

Network, Inc.

The Louise Brookins Building

118 Locust Street

Harrisburg, PA 17101

717-236-9486

Rhode Island Legal Services

56 Pine Street, 4th Floor

Providence, RI 02903

401-274-2652

South Carolina Legal Services

2109 Bull Street

P.O. Box 1445

Columbia, SC 29201

888-744-9430

South Dakota — Access to 

Justice, Inc.

816 6th Street

P.O. Box 495

Rapid City, SD 57709

605-791-4147

Tennessee Alliance for Legal 

Services, Inc.

50 Vantage Way, Suite 250

Nashville, TN 37228

615-627-0956

Texas — Lone Star Legal Aid

1415 Fannin Street 

Houston, TX 77002

800-733-8394

Utah Legal Services

205 N. 400 W

Salt Lake City, UT 84103

801-328-8891

Vermont Legal Aid

7 Court Street

Montpelier, VT 05601

800-889-2047

Virginia Legal Aid Society

101 West Broad Street, 

Suite 101

Richmond, VA 23220

800-868-1012

Washington Office of Civil 

Legal Aid 

1112 Quince Street SE

P.O. Box 41183

Olympia, WA 98504

360-704-4135

Legal Aid Washington DC 

1331 H Street, NW, Suite 350

Washington, DC 20005

202-727-2132

Legal Aid of West Virginia

922 Quarrier Street, 4th Floor

Charleston, WV 25301

304-345-5934

Legal Action of Wisconsin 

31 South Mills Street

Madison, WI 53715 

608-256-3258

For a more complete listing of legal aid offices by state, ask a Reentry Affairs Coordinator at your 

facility to visit http://www.vlas.org/RTF1.cfm?pagename=Legal%20Services%20Directory%20in%20

US and write down the contact information for an organization from the state you were living in prior to 

incarceration.
22

Child Advocates

Some states and communities have Court Appointed Special Advocates (CASA) programs. CASA

programs use trained community volunteers to speak up in court for what they believe are the best 

interests of the child. If your community has this program, the judge may appoint a CASA to assist with 

the case. You can also try to obtain a CASA representative by calling 1-800-628-3233 or by writing a 

letter to: 

The National CASA Association 

100 West Harrison

North Tower, Suite 500

Seattle, WA 98119

Advocates for Immigrants

There are organizations that help families prepare for deportation. If you are an immigrant and are 

scheduled to be deported, you may want to seek assistance from: 

The Woman Refugee Commission

122 East 42nd Street

New York, NY 10168

212-551-3115

info@wrcommission.org

Advocates for Children with Disabilities

Pacer Center: Champions for Children with Disabilities

8161 Normandale Boulevard

Bloomington, MN 55347

1-800-537-2237
23

Section 7: State Child Welfare 

Agency Contact Information 

The best way to determine the location of a child in the child welfare 

system is to contact the state foster care program office. Keep in mind 

that this office may be found in different departments, depending on the 

state. Or ask your Reentry Affairs Coordinator or case manager to help 

you locate this information on the web at https://www.childwelfare.gov/

nfcad/?CWIGFunctionsaction=nfcad:main&CWIGFunctionspk=1.

Alabama Department of Human Resources

50 North Ripley Street

Montgomery, AL 36130

Phone: (334) 242-9500 

Fax: (334) 242-0939 

http://dhr.alabama.gov/services/Foster_Care/Intro_Foster_

Care.aspx

Alaska Department of Health 

and Social Services 

Office of Children’s Services

P.O. Box 110630

130 Seward Street, Room 4K

Juneau, AK 99811-0630

Phone: (907) 465-2145 

Fax: (907) 465-3656 

http://dhss.alaska.gov/ocs/Pages/default.aspx

Arizona Department of Economic Security

Division of Children, Youth and Families

P.O. Box 6123-940A

Phoenix, AZ 85007

Phone: (602) 542-2358 

Fax: (602) 542-3330 

https://www.azdes.gov/dcyf/ADOPTION/

Spanish: https://www.azdes.gov/landing.aspx?id=9471

Arkansas Department of Human Services

Division of Children and Family Services

P.O. Box 1437

Slot S565

Little Rock, AR 72203-1437

Phone: (501) 682-6812 

Fax: (501) 683-2788 

http://www.fosterarkansas.org/

California Department of Social Services

744 P Street

Sacramento, CA 95822

Phone: (916) 651-1064 

http://www.childsworld.ca.gov/PG1335.htm

Colorado Department of Human Services

Division of Child Welfare

1575 Sherman Street

2nd Floor

Denver, CO 80203-1714

Phone: (303) 866-3546

Fax: (303) 866-4629

http://www.colorado.gov/cs/Satellite/CDHSChildYouthFam/CBON/1251579373548
24

Connecticut Department of Children

and Families 

Office of Foster and Adoption Services

505 Hudson Street

Hartford, CT 06106

Phone: (860) 550-6350 

Fax: (860) 566-6726

http://www.ctfosteradopt.com/fosteradopt/site/default.asp

Delaware Department of Services for Children, 

Youth and Their Families

Delaware Division of Family Services

1825 Faulkland Road

Wilmington, DE 19805

Phone: (302) 633-2665

Fax: (302) 633-2652

http://www.state.de.us/kids/fs/fostercare.shtml

District of Columbia Child and Family 

Services Agency 

Family Resource Division

200 I Street SE

Washington, DC 20003

Phone: (202) 727-2455 

Fax: (202) 727-3233

Florida Department of Children and Families

1317 Winewood Boulevard

Building 1

Tallahassee, FL 32399-0700

Phone: (850) 717-4659 

Fax: (850) 488-0751 

http://www.myflfamilies.com/service-programs/foster-care

Georgia Department of Human Services

Division of Family and Children Services

2 Peachtree Street NW

Suite 8-460

Atlanta, GA 30303

Phone: (404) 463-3957 

Fax: (404) 657-0212 

http://dfcs.dhs.georgia.gov/foster-care

Hawaii Department of Human Services

Child Welfare Services Division

810 Richards Street, Suite 400

Honolulu, HI 96813

Phone: (808) 586-5704 

Fax: (808) 586-4806 

http://www.hawaii.gov/dhs/protection/social_services/

child_welfare/Foster

Idaho Department of Health and Welfare

450 West State Street, 5th Floor

Boise, ID 83702

Phone: (208) 334-5695 

Fax: (208) 332-7330 

http://www.healthandwelfare.idaho.gov/Children/

AdoptionFosterCareHome/tabid/75/Default.aspx

Spanish: http://translate.google.com/translate?js=n&pre

v=_t&hl=en&ie=UTF-8&layout=2&eotf=1&sl=en&tl=es&u=w

ww.dhw.idaho.gov

Illinois Department of Children 

and Family Services 

Division of Foster Care and Permanency Services

100 W Randolph, 6th Floor

Chicago, IL 60601

Phone: (312) 814-5575 

Fax: (312) 814-1905 

http://www.state.il.us/dcfs/foster/index.shtml
25

Indiana Department of Child Services

302 West Washington Street

Room E306, MS 47

Indianapolis, IN 46204

Phone: (317) 234-5088 

http://www.in.gov/dcs

Iowa Department of Human Services

Adult, Child and Family Services

Hoover State Office Building, 5th Floor

1305 East Walnut Avenue

Des Moines, IA 50319-0114

Phone: (515) 281-3012 

http://www.dhs.state.ia.us

Kansas Department for Children and Families

Prevention and Protection Services

915 SW Harrison, Suite 530

Topeka, KS 66612

Phone: (785) 368-8180

Fax: (785) 368-8159 

http://www.dcf.ks.gov/services/PPS/Pages/

FosterCareServices.aspx

Kentucky Cabinet for Health and 

Family Services

Department for Community Based 

Services/Division of Protection & Permanency

275 East Main Street-3CE

Frankfort, KY 40621

Phone: (502) 564-2147 

Fax: (502) 564-5995 

http://chfs.ky.gov/dcbs/dpp/fostercare.htm

Louisiana Department of Children 

& Family Services

627 North Fourth Street

Baton Rouge, LA 70802

Phone: (225) 342-4006

Fax: (225) 342-9087 

http://www.dss.state.la.us/

Maine Department of Health and 

Human Services 

Office of Child and Family Services

2 Anthony Avenue, SHS #11

Augusta, ME 04333

Phone: (207) 624-7964 

Fax: (207) 287-6156

http://www.maine.gov/dhhs/bcfs/fosteradopt.htm

Maryland Department of Human Resources

311 West Saratoga Street

Baltimore, MD 21201

Phone: (410) 767-7695 

Fax: (410) 333-6556 

http://www.dhr.state.md.us/blog/?page_id=4800

Massachusetts Department of Children and 

Families (DCF)

600 Washington Street, 6th Floor

Boston, MA 02211

Phone: (617) 748-2198 

Fax: (617) 261-7437 

http://www.mass.gov/eohhs/gov/departments/dcf/fostercare/

Michigan Department of Human Services

Child and Family Services Administration

235 South Grand Avenue, Suite 510

Lansing, MI 48909

Phone: (517) 335-4652

http://www.michigan.gov/dhs/0,1607,7-124-5452_7117---

,00.html

Minnesota Department of Human Services

444 Lafayette Road North

St. Paul, MN 55164-0943

Phone: (651) 431-4667

Fax: (651) 431-7491

http://www.dhs.state.mn.us/main/idcplg?IdcService=GET_

DYNAMIC_CONVERSION&RevisionSelectionMethod=

LatestReleased&dDocName=id_000164

Mississippi Department of Human Services

Division of Family and Children’s Services

P.O .Box 352

750 North State Street

Jackson, MS 39202

Phone: (601) 359-4989 

Fax: (601) 359-4360 

http://www.mdhs.state.ms.us/family-childrens-services/

Missouri Department of Social Services

615 Howerton Court

P.O. Box 88

Jefferson City, MO 65103

Phone: (573) 751-2427 

Fax: (573) 526-3971 

http://dss.mo.gov/pr_cs.htm
26

Montana Department of Public Health and 

Human Services

Child and Family Services Division

P.O. Box 8005

Helena, MT 59604-8005

Phone: (406) 841-2402 

Fax: (406) 841-2487 

http://www.fostercare.mt.gov

Nebraska Department of Health and 

Human Services 

Division of Children and Family Services

301 Centennial Mall South

P.O. Box 95026

Lincoln, NE 68509

Phone: (402) 471-9333 

Fax: (402) 471-9034 

http://dhhs.ne.gov/publichealth/Pages/chs_foc_focindex.

aspx

Nevada Department of Health and Human 

Services Division of Child and Family Services

4126 Technology Way

3rd Floor

Carson City, NV 89706

Phone: (775) 684-4434 

http://www.dcfs.state.nv.us

New Hampshire Department of Health and 

Human Services 

Division for Children, Youth and Families

129 Pleasant Street

Thayer Building

Concord, NH 03301

Phone: (603) 271-4711

http://www.dhhs.nh.gov/dcyf/ADOPTION/

New Jersey Department of Children 

and Families

Division of Child Protection and Permanency/

Office of Resource Families

50 East State Street

P.O. Box 717

Trenton, NJ 08625

Phone: (609) 888-7064 

Fax: (609) 341-9342

http://www.njfostercare.org/

New Mexico Children, Youth and Families 

Department Protective Services

P.O. Drawer 5160

PERA Building, Room 219

Santa Fe, NM 87502

Phone: (505) 476-0355

http://www.cyfd.org/

New York State Office of Children and Family 

Services (OCFS) 

Office of Strategic Planning

52 Washington Street

South Building, Room 313

Rensselaer, NY 12144-2834

Phone: (518) 473-1776

http://www.ocfs.state.ny.us/main/fostercare/ 

Spanish: http://www.ocfs.state.ny.us/main/fostercare/

overview_sp.asp

North Carolina Department of Health 

and Human Services

Child Welfare Services Section

325 North Salisbury Street

Suite 715, 2409 Mail Service Center

Raleigh, NC 27603

Phone: (919) 334-1104 

Fax: (919) 715-6714 

http://www.dhhs.state.nc.us/dss/fostercare/index.htm

North Dakota Department of Human Services

Children & Family Services

600 East Boulevard Avenue

State Capitol Building, Dept. 325

Bismarck, ND 58505

Phone: (701) 328-1018 

Fax: (701) 328-3538 

http://www.nd.gov/dhs/services/childfamily/fostercare/

Ohio Department of Job and Family Services, 

Office for Children and Families

50 West Town Street

P.O. Box 182709

Columbus, OH 43218-2709

Phone: (614) 752-0651 

Fax: (614) 466-7557 

http://jfs.ohio.gov/ocf/
27

Oklahoma Department of Human Services

P.O. Box 25352

Oklahoma City, OK 73125

Phone: (405) 521-4254 

Fax: (405) 521-4373 

http://www.okdhs.org/programsandservices/foster/

Oregon Department of Human Services

Office of Child Welfare Programs

500 Summer Street, NE E77

Salem, OR 97310-1069

Phone: (503) 945-6897 

Fax: (503) 945-6969 

Toll-Free:(800) 331-0503 

http://www.oregon.gov/DHS/children/fostercare/

Pennsylvania Department of Public Welfare 

Office of Children, Youth, and Families

625 Forster Street

Health and Welfare Building, Rooms 103/105

Harrisburg, PA 17105

Phone: (717) 783-7287

Fax: (717) 346-9663

http://www.dpw.state.pa.us/forchildren/

childwelfareservices/fostercareinpennsylvania/index.htm

Puerto Rico Administration for Children 

and Families

Department of the Family

P.O. Box 15091

San Juan, PR 00902

Phone: (787) 725-5443 

Fax: (787) 723-0051 

http://www.familia.gobierno.pr

Rhode Island Department of Children, Youth 

and Families

Permanency Services Unit

101 Friendship Street, 4th Floor

Providence, RI 02903

Phone: (401) 528-3700 

Fax: (401) 528-3650 

http://www.dcyf.ri.gov/foster/index.php

South Carolina Department of Social Services

1535 Confederate Avenue

P.O. Box 1520

Columbia, SC 29201

Phone: (803) 898-7637 

Fax: (803) 898-7641 

http://www.state.sc.us/dss/fostercare/index.html

South Dakota Department of Social Services

Child Protection Services

700 Governor’s Drive

Pierre, SD 57501-2291

Phone: (605) 773-3227

Fax: (605) 773-6834

http://dss.sd.gov/cps/

Tennessee Department of Children’s Services

Cordell Hull Building, 8th Floor

436 Sixth Avenue North

Nashville, TN 37243-1290

Phone: (615) 253-6351 

Fax: (615) 253-4717 

http://tennessee.gov/youth/fostercare.htm

Texas Department of Family and 

Protective Services 

701 West 51st Street

Mail Code w-157

Austin, TX 78751

Phone: (512) 438-3403

http://www.dfps.state.tx.us/Adoption_and_Foster_Care/

About_Foster_Care/

Utah Department of Human Services

Division of Child and Family Services

195 North 1950 West

Salt Lake City, UT 84116

Phone: (801) 696-4866 

Fax: (801) 538-3993

http://hs.utah.gov/overview/adoption-foster-care/

Vermont Department for Children and Families

103 South Main Street

Osgood Building, 3rd Floor

Waterbury, VT 05671-2401

Phone: (802) 769-6324

http://dcf.vermont.gov/ADOPTION_fostercare
28

Virgin Islands Department of Human Services

6179 Anna’s Hope

Building A-Knud Hansen Complex, Christiansted

St. Croix, VI 00802

Phone: (340) 773-5303 

Fax: (340) 773-1882 

Virgin Islands Department of Human Services

1303 Hospital Ground

Building A-Knud Hansen Complex

St. Thomas, VI 00802

Phone: (340) 774-4393 

Fax: (340) 774-0082 

http://www.dhs.gov.vi/CYS/protection.html

Virginia Department of Social Services

Division of Family Services

801 East Main Street

Richmond, VA 23219

Phone: (804) 726-7522 

Fax: (804) 726-7895

http://www.dss.virginia.gov/family/fc/index.cgi

Washington Department of Social and 

Health Services 

Division of Children’s Services

1115 Washington Street SE OB-2

P.O. Box 45713

Olympia, WA 98504

Phone: (360) 902-8035 

Fax: (360) 902-7903 

http://www1.dshs.wa.gov/ca/

fosterparents/index.asp

West Virginia Department of Health and 

Human Resources 

Bureau for Children & Families

350 Capitol Street, Room 691

Charleston, WV 25301-3704

Phone: (304) 356-4590 

Fax: (304) 558-4563 

http://www.wvdhhr.org/bcf/children_adult/foster/

Wisconsin Department of Children and Families

201 East Washington Avenue

P.O. Box 8916

Madison, WI 53708-8916

Phone: (608) 264-6933 

Fax: (608) 266-9010

http://dcf.wisconsin.gov/children/foster/index.htm

Wyoming Department of Family Services

2451 Foothill Boulevard, Suite 103

Rock Springs, WY 82901

Phone: (307) 352-2509

Fax: (307) 352-2560

https://sites.google.com/a/wyo.gov/dfsweb/socialservices/foster-care

Glossary of Terms
29

Child Welfare Agency/Child Protective Services (CPS)/Department of Family Services (DFS) — 

The state or local government agency that receives reports, conducts investigations, and intervenes to 

help children and families in which child abuse or neglect has happened. 

Child Welfare Social Worker — Each child receiving services from the child welfare agency is assigned 

a social worker, sometimes called a case manager. These social workers, in partnership with the 

family, assess the safety and needs of a child to determine if services and supports can be provided to 

keep a child safely at home or if a child needs to be removed from home due to high risks of danger. 

Social workers are responsible for ensuring that kinship placements (when a child lives with a relative) 

made formally through the child welfare agency are safe, and kin families receive necessary services. 

Social workers work towards permanency for a child with reunification being the best outcome. When 

reunification with the parent(s) is not possible, agency social workers and the courts determine the 

most appropriate plan for the child, such as permanency with a relative through legal guardianship, or 

with a family who officially adopts the child. 

Assessment — Social workers use ongoing assessments to determine the needs of the child and 

family. The social worker usually does these assessments through regular meetings with the child, 

family members, or other caretakers during the time the child is removed from the home. The 

purpose of these meetings is to determine if the child is safe. Agency workers use the assessment 

information to inform foster care placement and permanency decisions by identifying, considering, 

and weighing factors that impact children, youth, and their families. Also, the social workers and the 

courts use assessment information to determine the services and support the family needs to ensure 

the child’s safety, permanency, and well-being. This information is also used to evaluate whether family 

reunification is a possible goal, or whether relative placement, guardianship, or adoption is a better plan 

for the child.

Case Plan — The case plan is a document that outlines the outcomes and goals for a child in foster 

care. The case plan describes the services provided and the things a family or parent needs to do to 

reunify with their child. This plan is the roadmap and timeline for achieving safety, permanency, and 

well-being for a child. The plan can change over time depending on the progress the parent is making 

or other factors. The social worker must ensure that the case plan is updated periodically. Ordinarily, 

this should occur after each six-month administrative review and whenever a child changes foster care 

placements. Social workers must make an earnest attempt to develop the case plan jointly with the 

parent(s) or guardian(s) of the child in foster care.

Custody — Custody of a child typically refers to the legal right to make day-to-day decisions about the 

child, such as where they live. Parents ordinarily have custody of their child unless the court orders or 

the parent voluntarily assigns the custody of their child to an individual or agency. Incarcerated parents 

may or may not have legal custody of their child.

Glossary of Terms

Used by Child Welfare
30

Types of Child Welfare Placements:

In-Home Services — Agencies provide “in-home” services to strengthen families so that children can 

remain safely at home with their family members. This might include a child social worker providing 

helpful tips for the parents or giving parenting classes on how to safely care for a child. This type of inhome care could happen if one parent is incarcerated but the other parent is looking after the child. 

Out-of-Home Care — Out-of-home care is provided when a child cannot remain safely with his or her 

parent or parents due to child abuse or neglect, or if the parent is unable to care for the child for other 

reasons, such as being incarcerated. Child welfare agencies place children in out-of-home care and 

work to determine the best permanency option for the child. Out-of-home care placement options vary 

by state, but in general include family-based foster care, kinship care, and residential group care. Each 

type of out-of-home care placement is explained below: 

Foster Care — Children in foster care may live with relatives, foster parents who are not 

relatives, or with families who plan to adopt them. Foster care is intended to be short-term, with 

the focus on returning children home as soon as possible or if reunification is not possible, 

providing them with permanent families through adoption or guardianship. 

Kinship Care — Children in kinship care live with relatives, members of their tribe or clan, 

godparents, stepparents, or an adult who has a close bond with the child. It could be a formal 

arrangement, with child welfare agency oversight or informal arrangements made by the 

family. If it is an informal arrangement between the parent and the relative to care for the child, 

child welfare has very little, if any, involvement. 

Residential Group Care — Agencies place children in residential group care when they 

are unable to live with a family due to their special needs. These placements range from 

community-based settings with structured support to locked facilities with intensive treatment 

interventions.

Permanency:

Permanency is a term used by child welfare agencies to describe a long term, legally permanent, 

home for the child or youth. A child in foster care is determined to have achieved permanency when 

any of the following happens: (1) the child leaves foster care to reunite with his or her family (either a 

parent or another relative); (2) the child leaves foster care and is legally adopted by another family; or 

(3) the child leaves foster care to the care of a legal guardian.
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Types of Permanency Options:

Reunify/Family Reunification — Reunification is the best goal for children in foster care when it can 

be done in a safe and timely manner. It is the process of reuniting children in out-of-home care with 

their families and giving custody of the children to their parent or guardian. 

Legal Guardian/Legal Guardianship — Legal guardianship means a legally created relationship 

between a child and a caretaker (which could include a family member or other unrelated adult) 

that is intended to be permanent. If a caretaker is made a legal guardian, they obtain the following 

parental rights with respect to the child: protection, education, care and control of the child, custody 

of the child, and decision-making. Through guardianship arrangements, the child is no longer in 

foster care, and the caregiver makes important decisions for the child, and a long-term caregiver is 

established for the child. In subsidized guardianship, the child welfare agency provides the guardian 

with money each month to care for and support the child. 

Adoption — Adoption is the social, emotional, and legal process in which a child who will not be 

raised by their parents becomes a full and permanent legal member of another family. A child can 

be adopted by extended family members or families unknown to them prior to the agency initiating 

the adoption process.

Another Planned Permanent Living Arrangement (APPLA) — In this permanency option, the child 

welfare agency maintains care and custody responsibilities for and supervision of the child, and 

places the child in a setting in which the child is expected to remain until adulthood. The agency 

worker identifies another planned living arrangement only when the worker determines that 

reunification, adoption, legal guardianship, and living with a relative are not possible.

Court and Administrative Reviews — Court and administrative reviews are periodic hearings and 

reviews (usually every 6 months) to determine the need for the child to remain in foster care. If it 

is determined that the child needs to remain in foster care, these hearings and reviews will decide 

on the best permanency plan. Under the Social Security Act, the status of each child in foster care 

must be reviewed at least once every 6 months either by court or by administrative review. The 

purpose of the hearing is to review progress on the goals and tasks outlined in the case plan and 

determine the extent to which progress is being made towards permanency. 

Case Closure — Child welfare cases are closed when permanency is achieved. Case closure is the 

process of ending the relationship between the child welfare agency and the family (and the court, 

when it is involved). This often involves a mutual assessment of progress and includes a review 

of the beginning, middle, and end of the helping relationship. Optimally, cases are closed when 

families have achieved their goals and the risk of maltreatment has been reduced or eliminated or 

the child has achieved his or her permanency goal.

Termination of Parental Rights (TPR) — TPR is the voluntary or involuntary legal separation of the 

rights of a parent to the care, custody, and control of a child and to any benefits that, by law, would 

flow to the parent from the child, such as inheritance. If a parent’s rights are terminated, the child 

can be placed in another permanent home, usually through adoption.
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Appendix A: Myth Buster 

on Parental Rights

The purpose of this “myth buster” is to explain to child welfare social workers 

that they are expected to make an effort to reach out to parents, even if that 

parent is incarcerated. Every parent, regardless of incarceration status, should 

be informed about decisions regarding their child’s welfare whenever possible 

and appropriate. Incarcerated parents can send a copy of this myth buster to 

their child’s social worker if he/she experiences difficulty in getting a response 

from the social worker.
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MYTH: Child welfare agencies do not need to plan for family reunification for children in foster 

care if they have an incarcerated parent.

FACT: Child welfare agencies should make efforts to engage parents of children in foster 

care, even if the parent is incarcerated, whenever possible and appropriate. 

What is a Reentry Myth Buster — Children of 

Incarcerated Parents Series?

This Reentry Myth Buster is one in a series of fact sheets intended to clarify 

existing federal policies that affect formerly incarcerated individuals and their 

families. Unfortunately, the impacts of the criminal justice system are felt far 

beyond prison walls. Nearly 2 million children under the age of 18 currently have 

a parent in prison or jail, and many more have had an incarcerated parent at 

some point during their childhood. Children of incarcerated parents often face 

financial instability, changes in family structure, and social stigma from their 

community. This series is intended to provide assistance to these children, their 

caregivers, and the service providers who work with them.

Child welfare agencies are required to engage parents, 

including absent, noncustodial, or incarcerated parents 

in case planning for their child in foster care whenever 

possible and appropriate. Incarceration alone should not be 

considered an obstacle that changes the CHILD WELFARE

AGENCY’s efforts to:

•	Work with the child’s parent(s) through caseworker 

visits or contacts with the parent; 

•	Identify relatives of parents who may be able to serve 

as a resource for the child;

•	Encourage, where appropriate, parent visitation or 

contacts with the child;

•	Work to preserve the parent-child relationship; 

•	Involve the parent in case planning for the child.

There are some instances where reunification between an 

incarcerated parent and his or her child in foster care is 

not possible, but in many situations the social worker can 

and should plan for reunification. Federal child welfare law 

requires child welfare agencies to initiate Termination of 

Parental Rights (TPR) if a child is in foster care for 15 out 

of the most recent 22 months; however, the law provides 

exceptions to this mandatory TPR rule, which are: 

1. At the option of the State, if the child is being cared for 

by a relative; 

2. The State agency has documented in the case plan 

a compelling reason for determining that filing such a 

petition would not be in the best interests of the child; 

and

3. The State has not provided to the family of the child 

services necessary for the safe return of the child to the 

child’s home, if reasonable efforts to make it possible 

for the child to safely return to home are required.

These exceptions provide child welfare agencies with 

flexibility to work within the TPR requirements and work 

towards unifying the incarcerated parent with his or her child 

after release, if appropriate.

For More Information:

When a Parent Is Incarcerated Guide: 

https://cbexpress.acf.hhs.gov/index.cfm?event=website.

viewArticles&issueid=133§ionid=5&articleid=3443 

A Toolkit for Working With Children of Incarcerated Parents: 

https://cbexpress.acf.hhs.gov/index.cfm?event=website.

viewArticles&issueid=115§ionid=17&articleid=2856 

The Adoption and Safe Families Act: Barriers to 

Reunification between Children and Incarcerated Mothers: 

https://cbexpress.acf.hhs.gov/index.

cfm?event=websiteiewArticles&issueid=139&articleID=

3641& keywords=parental%20rights

Child Welfare State Policies:

http://www.childwelfare.gov/systemwide/laws_policies/

state/

Children of Incarcerated Parents Series

RE-ENTRY MYTHBUSTER

A Product of the Federal Interagency Reentry Council

On Child Welfare
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