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Problems and Issues in the Implementation of the 1984 Out-of-Home Care Protection Amendment

NCJ Number
140042
Journal
Child Abuse and Neglect Volume: 16 Issue: 5 Dated: (September-October 1992) Pages: 693-708
Author(s)
N Rindfleisch; M Nunno
Date Published
1992
Length
16 pages
Annotation
A survey of State child protection services programs in 47 States was conducted in 1989 to assess the implementation of out-of-home protection programs following the 1984 passage of P.L. 98-457 which required the "person responsible for the welfare of the child" to be an employee of a residential facility, foster parents, or staff persons providing out-of-home care. The survey results also focused on the position of State agencies regarding proposals of the consensus documents for restructuring protection after placement.
Abstract
Respondents from 27 States indicated they had been in compliance with Federal regulations even prior to 1984, while 14 other States had changed their statutes and rules since 1984. In terms of the central registries, 29 respondents said their registries were computerized, 4 had manually operated registries, and 11 had no registry in operation. In many cases, local CPS agencies have been designated to conduct investigations in out-of-home care and foster home abuse cases despite a clear conflict of interest. Respondents answered questions regarding the existence of independent investigative agencies in their State, the role of licensing, training, and background checks. With regard to the consensus documents, which would require agencies other than CPS agencies to investigate abuse and neglect in out-of-home placements and foster homes, 28 States had a position on the issue, 16 States did not have a position, and data from 7 States were missing. 11 tables and 19 references