Children’s Bureau/ACYF/ACF/HHS

800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov

FACTSHEET

July 2015

How Federal Legislation Impacts 

Child Welfare Service Delivery

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; however, the 

steps described do not always occur in the sequence in which they are 

listed below. (See the flow chart on the last page of this document.)

Step 1: Congress passes and the President signs legislation 

that creates or amends a federally funded child welfare 

program.

Enactment of a new act is the result of a long legislative process that begins when a 

member of the House or Senate introduces a bill to his or her respective legislative body. 

Only a Member of Congress can introduce a bill, but the idea may be developed by 

constituents, academics, interest groups, lobbyists, State legislatures, executive branch 

departments, Federal agencies, and/or the President of the United States.

For more information:

Federal Laws, Children’s Bureau, U.S. Department of Health and 

Human Services 

http://www.acf.hhs.gov/programs/cb/laws-policies/federal-laws 

Provides descriptions of significant Federal child protection, child 

welfare, foster care, and adoption laws, as well as links to 

the full text of selected acts and other resources. 
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This publication is available online at https://www.childwelfare.gov/pubs/impacts/.

Major Federal Legislation Concerned With Child Protection, Child Welfare, and Adoption, Child 

Welfare Information Gateway (2015) 

https://www.childwelfare.gov/pubs/otherpubs/majorfedlegis/

Summarizes the major provisions of key Federal laws regarding child protection, child welfare, foster 

care, and adoption and includes a timeline, and an index page that allows users to browse or search the 

acts included in the publication. 

Congress.gov, Library of Congress 

https://www.congress.gov/ 

Tracks legislative activity in the U.S. Congress and provides links to summaries and full-text versions of bills, the 

Congressional Record, committee reports, and other resources. 

How Our Laws Are Made, Parliamentarian, U.S. House of Representatives 

http://thomas.loc.gov/home/lawsmade.toc.html

Describes the organization, operation, and legislative process in the House of Representatives. 

Enactment of a Law, Parliamentarian, U.S. Senate 

http://thomas.loc.gov/home/enactment/enactlawtoc.html

Describes the organization, operation, and legislative process in the Senate. 

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) are used by the Children’s Bureau to provide information to States, Tribes, 

and grantees on a variety of child welfare issues including program activities and priorities, progress reports, 

research findings, funds available, related regulations, and proposed and pending Federal legislation affecting 

human service programs: http://www.acf.hhs.gov/programs/cb/laws-policies/information-memoranda

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: http://www.acf.hhs.gov/programs/cb/laws-policies/program-instructions

CWPM conveys mandatory policies that have their basis in Federal law and/or program regulations: 

http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/index.jsp
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This publication is available online at https://www.childwelfare.gov/pubs/impacts/.

For more information:

Code of Federal Regulations (CFR), National Archives and Records Administration (NARA) 

http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR 

Codifies the general and permanent rules published in the Federal Register by the executive departments and 

agencies of the Federal Government. 

Federal Register, NARA

http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR 

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

http://www.acf.hhs.gov/programs/cb/laws_policies/index.htm 

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 

https://www.childwelfare.gov/topics/systemwide/laws-policies/ 

Provides publications and resources related to State and Federal civil laws on child abuse and neglect, child 

welfare, foster care, and adoption. 

Reg Map, General Services Administration 

http://www.reginfo.gov/public/reginfo/Regmap/index.jsp 

Furnishes an overview of the rulemaking process from the initiating event through the publication of the final 

rule. 

Step 3: The Children’s Bureau disburses funds to support child welfare programs 

as authorized by Federal legislation. 

The Children’s Bureau administers two major types of Federal child welfare funding programs: mandatory formula grants 

and discretionary grants. The following are mandatory programs:

Title IV-E Foster Care Maintenance, Adoption Assistance, and Guardianship Assistance. The Children’s 

Bureau provides these funds to the States, the District of Columbia, and Puerto Rico as an open-ended 

entitlement on a formula basis to provide reimbursement to States or Tribes for a portion of the costs of 

providing foster care, adoption assistance, and, if elected by the State or Tribe, guardianship assistance to 

eligible children. Beginning October 1, 2008, an Indian Tribe, Tribal consortium, or Tribal organization may 

submit title IV-E plans for direct funding for Indian children served by the Tribe in its identified service area(s). 

Chafee Foster Care Independence Program (CFCIP) and Education and Training Voucher Program (ETV). 

These programs are funded under title IV-E on a formula, fixed-grant basis to assist States in providing services 

and supports that help youth in foster care acquire the training and skills needed for self-sufficiency. Tribes, 

Tribal consortia, and Tribal organizations that have an approved title IV-E plan, as well as those that have entered 

into a title IV-E cooperative agreement or contract with a State, may apply for direct funding for CFCIP 

(including ETV funding and services) as of October 1, 2009. 
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Title IV-B Child and Family Services. The mandatory formula funding is awarded as annual fixed grants to 

support States, Tribes, and territories in the development of effective child welfare services and to help them 

operate every aspect of their child welfare systems—from prevention of child abuse and neglect to adoption— 

and the information systems necessary to support these programs. Specific programs include the Promoting 

Safe and Stable Families Program (PSSF) and the Court Improvement Program (CIP). 

Child Abuse and Neglect Prevention and Treatment Act (CAPTA). Funds are awarded to States on a 

formula, fixed-grant basis to assist States in improving child protective services and child maltreatment 

prevention programs. Programs include the CAPTA State grants, Community-Based Grants for the Prevention of 

Child Abuse and Neglect (CBCAP), and the Children’s Justice Act (CJA). 

Discretionary Grants

The Children’s Bureau also awards grants on a discretionary basis for knowledge development through a 

competitive peer-review process to State and local agencies, universities, faith-based and community-based 

organizations, and other nonprofit and for-profit groups. Specific programs include Adoption Opportunities, Child 

Welfare Training, Abandoned Infants Assistance, CAPTA Research and Demonstration Projects, Family 

Connections, and the Infant Adoption Awareness Training Program.

For more information:

Programs, Children’s Bureau 

http://www.acf.hhs.gov/programs/cb/programs 

Provides a listing and complete description of the full array of CB funding programs, including discretionary 

grants, State and Tribal grants, and general funding information. 

Discretionary Grants Library, Children’s Bureau 

https://library.childwelfare.gov/cbgrants/ws/library/docs/cb_grants/GrantHome 

An online tool for searching for and viewing information related to specific CB grant projects. 

Section 11 of the Green Book, U.S. House Committee on Ways and Means 

http://greenbook.waysandmeans.house.gov/2014-green-book/chapter-11-child-welfare

Provides program descriptions and historical data on programs under the Committee’s jurisdiction. Section 11 

covers child protection, foster care, and adoption assistance. 

Step 4: In response to Federal legislative mandates, policy, and/or funding 

requirements, States may enact statutes, and State and Tribal agencies may 

develop programs and policies to meet the needs of their constituencies.

The delivery of child protection and child welfare services to individual citizens is primarily governed by State laws, 

regulations, and policies/procedures. Federal laws provide standards and requirements for providing such programs 

and services if a State wishes to obtain Federal funding for them. State legislatures may enact legislation in response to 

Federal legislative mandates and/or the specific needs of their State. States, Tribes, and territories also may develop new 

program initiatives that help them work toward compliance with Federal funding requirements. 
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This publication is available online at https://www.childwelfare.gov/pubs/impacts/.

For title IV-E foster care and adoption assistance funding, each State must develop and submit a State plan that 

documents the State’s compliance with Federal requirements. Beginning October 1, 2009, Indian Tribes, Tribal consortia, 

and Tribal organizations also may submit a title IV-E plan for direct Tribal funding. 

To maintain eligibility for title IV-B services, States, Tribes, and territories jointly develop, with staff from the Children’s 

Bureau Regional Offices, a comprehensive 5-year Child and Family Services Plan (CFSP). In years between CFSP 

submissions, States and Tribes must submit an Annual Progress and Services Report (APSR). The CFSP outlines initiatives 

and activities the State, Tribe, or territory will carry out in administering programs and services to promote the safety, 

permanency, and well-being of children and families. The APSR discusses progress made by a State, Tribe, or territory in 

accomplishing the goals and objectives cited in its CFSP.

For more information:

State Statutes, Child Welfare Information Gateway 

https://www.childwelfare.gov/topics/systemwide/laws-policies/state/

Presents a searchable database of State child welfare laws, organized by more than 38 topics. 

Online Resources for State Child Welfare Law and Policy, Child Welfare Information Gateway (2015) 

https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/resources/ 

Provides links to websites that offer access to State statutes and regulations, and lists the parts of each State and 

territory’s code that contain laws addressing child protection, child welfare, and adoption. 

2014 Child Welfare Enacted Legislation, National Conference of State Legislatures (2014) 

http://www.ncsl.org/research/human-services/2012-child-welfare-enacted-legislation-database.aspx 

A searchable database of child welfare legislation enacted from 2012 through 2014 in the 50 States, the District 

of Columbia, and Puerto Rico by State, topic, keyword, status, and/or primary author.

State and Tribal Funding, Children’s Bureau 

http://www.acf.hhs.gov/programs/cb/programs/state-tribal-funding 

Provides brief descriptions of the array of State and Tribal programs eligible for funding from the Children’s 

Bureau, including Title IV-E Foster Care and Adoption Assistance, Title IV-B Child Welfare Services and 

Promoting Safe and Stable Families, the Chafee Foster Care Independence program, Child Abuse and Neglect 

Prevention and Treatment (CAPTA) State Grants, Community-Based Grants for Prevention of Child Abuse and 

Neglect, the Children’s Justice Act (CJA), and the State Court Improvement Program (CIP). 

State and Tribal Child and Family Services Plan, Children’s Bureau 

http://www.acf.hhs.gov/programs/cb/programs/state-tribal-cfsp 

Provides technical assistance documents and materials, as well as references to specific laws and policies that 

relate to the development of State and Tribal Child and Family Services Plans (CFSPs)/Annual Progress and 

Services Reports (APSRs). 
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This publication is available online at https://www.childwelfare.gov/pubs/impacts/.

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.

The Children’s Bureau has the responsibility of assessing States’ conformity with certain Federal requirements for child 

protection, foster care, adoption, family preservation and family support, and independent living services. As part of this 

process, the Children’s Bureau administers Federal and State reporting systems that provide data to monitor and 

improve child welfare outcomes. The data collection systems include:

The Adoption and Foster Care Analysis and Reporting System (AFCARS). AFCARS collects case-level 

information on all children in foster care for whom State child welfare agencies have responsibility for placement, 

care, or supervision and on children who are placed for adoption under the auspices of the State’s public child 

welfare agency. Each State is subject to an AFCARS Assessment Review to assess and evaluate the accuracy and 

reliability of its adoption and foster care data. 

The Statewide Automated Child Welfare Information System (SACWIS). SACWIS is a statewide, 

comprehensive, case management system that also automates the collection of federally mandated child 

welfare data and provides support for the delivery and management of child welfare services. The Omnibus 

Reconciliation Act of 1993 authorized Federal financial participation for the development of such a State system. 

If a State elects to accept Federal funds and implement a SACWIS, the system must be a comprehensive, 

automated, case management tool that supports social workers’ foster care and adoption assistance case 

management practice. A Tribe also may develop a similar system, which is referred to as a Tribal Automated 

Child Welfare Information System (TACWIS).

The National Child Abuse and Neglect Data System (NCANDS). This data collection and analysis system 

was created in response to the requirements of the Child Abuse Prevention and Treatment Act. The data 

collected serve as the basis for annual Child Maltreatment Reports: 

http://www.acf.hhs.gov/programs/cb/research-data-technology/statistics-research/child-maltreatment

The National Youth in Transition Database (NYTD). NYTD was created in response to the John H. Chafee 

Foster Care Independence Program (CFCIP) that requires ACF to develop a data collection system to track the 

Independent Living services offered by States. States are required to collect information on each youth who 

receives Independent Living services paid for or provided by the State agency that administers the CFCIP. In 

addition, States must collect demographic and outcome information on certain youth in foster care whom the 

State will follow over time to collect additional outcome information. This information will allow ACF to track 

which Independent Living services States provide and assess the collective outcomes of youth.

The Children’s Bureau also administers a system of onsite, case review assessments to determine each State’s conformity 

with the requirements in titles IV-B and IV-E of the Social Security Act. The system comprises two review components—

Child and Family Services Reviews and Title IV-E Foster Care Eligibility Reviews:

Child and Family Services Reviews (CFSRs). Designed to help States improve safety, permanency, and wellbeing outcomes for children and families who receive services through the child welfare system, these reviews 

monitor States’ conformity with the requirements of title IV-B and title IV-E of the Social Security Act. 
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This publication is available online at https://www.childwelfare.gov/pubs/impacts/.

Title IV-E Foster Care Eligibility Reviews. Reviews of the Federal Title IV-E Foster Care Program focus on 

determining whether children in foster care meet the statutory eligibility requirements for foster care 

maintenance payments. 

For more information:

Reporting Systems, Children’s Bureau 

http://www.acf.hhs.gov/programs/cb/research-data-technology/reporting-systems/ 

Provides information about Federal and State reporting systems, including AFCARS, NCANDS, NYTD, and 

SACWIS, that supply data to monitor and improve child welfare outcomes.

Child Welfare Monitoring, Children’s Bureau 

http://www.acf.hhs.gov/programs/cb/monitoring 

Presents an index of information, guides, instruments, and other resources on Children’s Bureau monitoring 

programs. 

Legislation, Policy, and Technical Bulletins Related to the CFSRs, Children’s Bureau 

http://www.acf.hhs.gov/programs/cb/resource/cfsr-legislation-policy-tb 

Includes Federal Register announcements, the Child Welfare Final Rule, Adoption and Safe Families Act (ASFA), 

Information Memoranda, and a National Standards background paper. 

Title IV-E Reviews, Children’s Bureau 

http://www.acf.hhs.gov/programs/cb/monitoring/title-ive-reviews 

Provides guidance on planning, conducting, and completing a foster care eligibility review, including an 

explanation of the title IV-E eligibility criteria against which States will be reviewed, review schedules, and review 

instruments. 

AFCARS, Children’s Bureau 

http://www.acf.hhs.gov/programs/cb/research-data-technology/reporting-systems/afcars 

Provides guidance to State child welfare program and system staff regarding the AFCARS Assessment Review 

process. 

State and Tribal Information Systems, Children’s Bureau 

http://www.acf.hhs.gov/programs/cb/research-data-technology/state-tribal-info-systems 

Provides information about laws, regulations, documentation, and available technical assistance regarding 

SACWIS/TACWIS.

Step 6: The Children’s Bureau responds to congressional mandates to report on 

State performance in delivering child welfare services.

Reports to Congress may analyze data collected through the Adoption and Foster Care Analysis and Reporting System 

(AFCARS) and the National Child Abuse and Neglect Data System (NCANDS); provide information about progress in 

monitoring programs, such as the Child and Family Services Reviews (CFSRs); or provide results of specific studies 

mandated by Federal legislation. The information provided in these reports helps to inform future legislation.
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For more information:

Child Welfare Outcomes Annual Reports, Children’s Bureau 

http://www.acf.hhs.gov/programs/cb/research-data-technology/statistics-research/cwo 

Informs Congress, the States, and the public about State performance on key child welfare outcomes and 

changes in performance over time. These reports are required by the Adoption and Safe Families Act (ASFA). 

Child Maltreatment Annual Reports, Children’s Bureau 

http://www.acf.hhs.gov/programs/cb/research-data-technology/statistics-research/child-maltreatment 

Provides the most complete national information about child maltreatment known to State child protective 

services agencies and are based on reports from the States to NCANDS. 

Reports and Results of the Child and Family Services Reviews (CFSRs), Children’s Bureau 

https://library.childwelfare.gov/cwig/ws/cwmd/docs/cb_web/SearchForm 

Provides access to Statewide Assessments, Final Reports, Program Improvement Plans, and Individual Key 

Findings Reports for each State. 

National Incidence Study (NIS), Child Welfare Information Gateway 

https://www.childwelfare.gov/topics/systemwide/statistics/nis/

A congressionally mandated, periodic research effort to estimate the incidence of child abuse and neglect in the 

United States by combining information about reported cases with data on maltreated children identified by 

professionals who encounter them during the normal course of their work. NIS-4, the most recent study, was 

published in 2010. 

Suggested Citation: 

Child Welfare Information Gateway. (2015). How Federal legislation impacts child welfare service delivery. Washington, 

DC: U.S. Department of Health and Human Services, Children’s Bureau.
How Federal Legislation Impacts Child Welfare Service Delivery https://www.childwelfare.gov

Flow Chart: How Federal Legislation Impacts Child Welfare Service Delivery

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.

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.

U.S. Department of Health and Human Services 

Administration for Children and Families 

Administration on Children, Youth and Families 

Children’s Bureau