Adoption Assistance and Child Welfare Act of 1980: Where the Federal "Reasonable Efforts" Rule Began

This bill is law. It was approved June 17, 1980, as Public Law 96-272 Public Law 96-272, 94 Stat. 500 (1980). Its reasonable-efforts requirements took effect October 1, 1983 Public Law 96-272, 94 Stat. 500 (1980).

The short answer

The Adoption Assistance and Child Welfare Act of 1980 set up the federal program of foster care and adoption assistance under title IV of the Social Security Act Congress.gov, Congressional Research Service summaries of H.R. 3434 (96th Congress). It is where the federal reasonable efforts rule started: to get federal foster care money, a state's plan had to promise reasonable efforts to prevent a child's removal and to help the child return home Public Law 96-272, 94 Stat. 500 (1980). It also required case plans, reviews at least every six months, and procedural safeguards for parents Public Law 96-272, 94 Stat. 500 (1980).

Congress.gov lists the bill's final action as "Public Law 96-272" Congress.gov, H.R. 3434 (96th Congress), bill record.

What it changes

Reasonable efforts. Starting October 1, 1983, a state plan had to provide that "in each case, reasonable efforts will be made" before placement to prevent or eliminate the need for removal, and to make it possible for the child to return home Public Law 96-272, 94 Stat. 500 (1980).

A condition on federal foster care payments. Federal foster care payments for a child depended on a court determination that staying home would be contrary to the child's welfare. From October 1, 1983, the court also had to determine that reasonable efforts had been made Public Law 96-272, 94 Stat. 500 (1980). If a state substantially failed to follow its approved plan, federal payments could be stopped or reduced Public Law 96-272, 94 Stat. 500 (1980).

Case plans and reviews. The state plan had to provide a case plan for each child receiving foster care payments, plus a case review system Public Law 96-272, 94 Stat. 500 (1980). Under that system:

• each child's case plan aims at the least restrictive, most family-like setting available, close to the parents' home Public Law 96-272, 94 Stat. 500 (1980);
• each child's status is reviewed at least every six months by a court or an administrative review Public Law 96-272, 94 Stat. 500 (1980), and an administrative review must be open to the parents Public Law 96-272, 94 Stat. 500 (1980);
• a dispositional hearing is held no later than eighteen months after the original placement Public Law 96-272, 94 Stat. 500 (1980); and
• procedural safeguards apply to parental rights when a child is removed, when a placement changes, and when visitation is decided Public Law 96-272, 94 Stat. 500 (1980).

Adoption assistance and child welfare services. According to the Congressional Research Service, the Act required states with an approved plan to make adoption assistance payments for certain children Congress.gov, Congressional Research Service summaries of H.R. 3434 (96th Congress). It also defined child welfare services to include "preventing the unnecessary separation of children from their families" Congress.gov, Congressional Research Service summaries of H.R. 3434 (96th Congress). The latest CRS summary on Congress.gov describes the conference report version of the bill Congress.gov, Congressional Research Service summaries of H.R. 3434 (96th Congress).

Later laws changed these rules. For example, the 1997 Adoption and Safe Families Act rewrote the reasonable-efforts paragraph Public Law 105-89, 111 Stat. 2115 (1997). See Adoption and Safe Families Act of 1997 (ASFA): Child Safety First, and the 15-of-22-Months Rule.

How it relates to Texas

Texas law names DFPS as the state agency that cooperates with the federal government in running programs under Parts B and E of Title IV of the Social Security Act Tex. Hum. Res. Code §40.002. Texas's interstate adoption assistance compact law also refers to state plans "made under the Adoption Assistance and Child Welfare Act of 1980 (Pub. L. No. 96-272)" Tex. Fam. Code §162.201 (Interstate Compact on Adoption and Medical Assistance, Art. VIII).

Texas has its own reasonable-efforts findings. At the full adversary hearing after an emergency removal, the court's findings include whether reasonable efforts were made to prevent or eliminate the child's removal Tex. Fam. Code §262.201. See The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302).

Which laws it affects

• It added the foster care and adoption assistance program under title IV of the Social Security Act Congress.gov, Congressional Research Service summaries of H.R. 3434 (96th Congress). Texas law cites that program as Part E, Title IV, at 42 U.S.C. Section 670 and following Tex. Hum. Res. Code §40.002.
• Texas Family Code §162.201 refers to it by name Tex. Fam. Code §162.201 (Interstate Compact on Adoption and Medical Assistance, Art. VIII).

Related

• Adoption and Safe Families Act of 1997 (ASFA): Child Safety First, and the 15-of-22-Months Rule
• Family First Prevention Services Act (2018): Federal Money for Prevention Services and Limits on Group Care
• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• Court-Ordered Services in Texas CPS Cases (Family Code §264.203)
• Family-Based Safety Services (FBSS) in Texas: What Families Should Know