Family Law Guides: News & Notes

Adoption Excellence Awards Presented

Awards kick off National Adoption Month in November

WASHINGTON, D.C. --- The Administration for Children and Families at the U.S. Department of Health and Human Services (HHS) today presented 21 Adoption Excellence Awards for effort and commitment to increasing the number of children in foster care who have been adopted nationally.

The winners of this year's Adoption Excellence Awards deserve our praise and gratitude, said HHS Assistant Secretary for Children and Families Wade F. Horn, Ph.D. Thanks to them, more children in foster care will grow up in a permanent home with a loving family.

The awards were presented at a ceremony at Union Station in Washington, D.C. to kick-off National Adoption Month.

The awards are given annually to honor individuals, families, local agencies, private organizations, courts, businesses and states for commitment to increasing the adoptions of children in foster care. ...

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HHS Approves Tennessee Child Welfare Waiver

Initiative to Help Youth Live in Permanent, Stable Homes

WASHINGTON, D.C. --- The U.S. Department of Health and Human Services (HHS) today announced a child welfare waiver demonstration project for the state of Tennessee to help children move out of foster care and into permanent homes with relatives or other guardians with whom they have a close bond.

This project will allow more children in Tennessee to grow up in a safe and stable home, said HHS Secretary Mike Leavitt. By providing Tennessee with greater flexibility, the Bush Administration is strengthening families and offering children the care and permanency they need to grow into responsible citizens.

Section 1130 of the Social Security Act authorizes HHS to approve up to 10 new child welfare waiver demonstration projects each year. All demonstration projects are required to be evaluated by a third party and must be cost-neutral to the federal government.

President Bush believes states should have more flexibility to improve ways to strengthen services to families in crisis, said HHS Assistant Secretary for Children and families Wade F. Horn, Ph.D. This waiver will help Tennessee make a positive difference in the lives of many children and families.

The waiver will allow Tennessee to use federal foster care funds to pay monthly subsidies to families who assume legal guardianship of children who would otherwise remain in the custody of the state. ...

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ACF Awards $1.7 Million to Strengthen Child Support

WASHINGTON, D.C. --- The Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services (HHS) today announced over $1.7 million in grants to 14 state and non-profit organizations to advance the performance of the nations child support enforcement system.

By testing and developing strategic improvements to our nations child support enforcement system, these grants will advance the well-being of children, said HHS Assistant Secretary for Children and Families Wade F. Horn, Ph.D. These projects will lead to greater stability in the home by ensuring that vulnerable children get financial and emotional support of both parents.

Six grants are designed to improve delivery of child support services, agency and judicial responsiveness to customers and health care coverage for children in child support cases: ...

Five grants were awarded to non-profit organizations to improve child support and marriage education services for ethnic and culturally-diverse populations: ...

Three grants were awarded to states and non-profit organizations to improve local collaboration strategies between child support enforcement and community agencies: ...

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HHS Awards Colorado $830,180 for Child Support Project

Funds help children, support healthy marriage and parental relationships

WASHINGTON, D.C. --- The U.S. Department of Health and Human Services (HHS) Assistant Secretary for Children and Families, Wade F. Horn, Ph.D., today announced $830,180 in federal funding for a demonstration project in the state of Colorado to promote improvements in child support enforcement efforts. The project will take place in up to four counties in the state.

This grant does not simply deliver money to the state of Colorado, it secures greater financial and emotional support from parents to enhance the well-being of at-risk childrena priority of the Bush Administration, said Dr. Horn. We now have 13 child-support enforcement projects that develop and test innovative strategies to support healthy marriages and parental relationships in communities across the nation.

The grant is awarded under the authority of Section 1115 of the Social Security Act and requires that the project be designed to improve the financial well-being of children or otherwise improve the operation of the child support enforcement program. Section 1115 authorizes states to conduct experimental, pilot or demonstration projects likely to assist in promoting the objectives of the Social Security Act.

The goals of the demonstration project include improving the establishment of paternity and increasing financial support for children as well as improving fathers relationships with both their children and the mothers of their children. ...

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The Rights of Presumed (Putative) Fathers

Series Title: State Statutes Series 2004

Author(s): National Adoption Information Clearinghouse

Year Published: 2004

In the decades since 1960, out-of-wedlock births have increased dramatically. While much research on childbearing trends and the characteristics of unwed mothers exists, very little is known about putative fathers, the alleged or reputed fathers of children born out-of-wedlock. However, there is an expanding population of putative fathers who wish to play a role in their children's upbringing. Consequently, their legal rights have become increasingly important.

Putative fathers have had fewer rights with regard to their children than either unwed mothers or married parents. Over the past several decades, putative fathers have used the Fourteenth Amendment to challenge the termination of their parental rights when the birth mother relinquishes their child for adoption. Nevertheless, States have almost complete discretion to determine the rights of a putative father at proceedings to terminate parental rights or adoption proceedings. ...

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National Adoption Information Clearinghouse

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$14.5 Million Awarded to States for Increasing Adoptions

2,708 More Children Adopted

WASHINGTON, D.C. --- The U.S. Department of Health and Human Services Administration for Children and Families (ACF) today announced $14.5 million in payments to 24 states, the District of Columbia and Puerto Rico for increasing the number of children adopted from state-supervised foster care in fiscal year 2004.

A permanent, loving home is important to helping children grow into healthier, happier adults, HHS Secretary Mike Leavitt said. This administration is rewarding states for increasing the number of adoptions and helping states strengthen their programs so even more children can grow up in a permanent, loving home. Through these rewards, we are recognizing states efforts to increase adoptions and strengthen their programs to help children and families.

ACF is providing an incentive payment to states that completed more adoptions in 2004 than in the baseline year, which is the higher year of 2002 or 2003. Payments are also given for increases in the adoption of older children, as well as for children with special needs. States receive $4,000 for every child adopted beyond its best years total, plus a payment of $4,000 for every child aged nine and older, and $2,000 for every special needs child adopted above the baseline year. ...

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Administration for Children and Families Awards $1.1 Million for Ten Child Support Projects

WASHINGTON, D.C. --- The Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services (HHS) today announced $1.1 million in federal funding for ten demonstration projects to advance the performance of the nations child support enforcement system.

These projects will help improve child support enforcement in ten states, said Wade F. Horn, HHS assistant secretary for children and families. The grants are designed to help families achieve self-sufficiency and promote stability for children, mothers and fathers.

Included in the $1.1 million are the following:

>> Six three-year projects designed to reduce intervention and formal proceedings in child support collection and to increase financial security for children born out of wedlock: ...

>> Three 17-month projects designed to strengthen collaboration between child support agencies: ...

>> In addition, one award of $114,741 was given to the state of Colorado for child support agencies in Denver, Pueblo and Mesa to develop a comprehensive system of early intervention. ...

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Parties to an Adoption

Series Title: State Statutes Series 2004

Author(s): National Adoption Information Clearinghouse

Year Published: 2004

This briefing reviews State laws regarding parties to an adoption. General information dealing with who may adopt, who may be adopted, and who may place a child for adoption is identified. Gay and lesbian adoption is addressed briefly. The print version of this resource is current through March 2004.

In order for an adoption to take place, a person available to be adopted must be placed in the home of a person or persons eligible to adopt. All States, the District of Columbia, and the U.S. territories of American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands have laws that specify which persons are eligible as adopting parents and which persons can be adopted. In addition, most States, the District of Columbia, and the territories have laws that designate which persons or entities have the authority to make adoptive placements. ...

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National Adoption Information Clearinghouse

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Intestate Inheritance Rights

Series Title: State Statutes Series 2003

Author(s): National Adoption Information Clearinghouse

Year Published: 2004

Issues of property distribution may arise when a birth parent or adoptive parent dies without making a valid will or without naming an heir to particular property (referred to as "intestacy"). In these cases, State law determines who may inherit from whom. All 50 States and the Territories of the United States specify an adopted child's rights of inheritance from and through the adoptive and biological parents. Current through July 2003, this document sets forth the laws of each State and Territory regarding intestate succession as it affects adopted children.

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National Adoption Information Clearinghouse

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Child Support Enforcement Head Named

HHS Assistant Secretary for Children and Families Wade F. Horn, Ph.D., today announced that Secretary Mike Leavitt has appointed Margot Bean as the head of the Office of Child Support Enforcement (OCSE). Currently in charge of the child support enforcement division of the New York state Office of Temporary and Disability Assistance, Bean begins service in the Bush Administration on July 25.

I welcome Margot Bean aboard our team as she prepares to lead a department that helps families from New York to rural America, said Dr. Horn. Under the leadership of President George W. Bush, Margot Bean will be a key player in this Administrations effort to give children a better and brighter future.

Margot Bean was the deputy commissioner and director of child support enforcement under Governor George Pataki starting in May 2000. Before that role, she served as an attorney in the child support office. Prior to accepting her New York positions, she was the deputy attorney general and director of child support enforcement for the Office of Attorney General in Guam.

The mission of OCSE is to assure that assistance in obtaining financial and medical support is available to children through locating parents, establishing paternity and support obligations and enforcing those obligations. ...

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Infant Safe Haven Laws

Series Title: State Statutes Series 2004

Author(s): National Adoption Information Clearinghouse

Year Published: 2004

State legislatures have felt the need to address infant abandonment and infanticide in response to a reported increase in the abandonment of infants. Beginning in Texas in 1999, "Baby Moses laws" or infant safe haven legislation has been enacted as an incentive for mothers in crisis to safely relinquish their babies to a safe haven where the baby will be protected and provided with medical care until a permanent home can be found. Safe haven laws generally allow the parent, or an agent of the parent, to remain anonymous and to be shielded from prosecution for abandonment or neglect in exchange for safely surrendering the baby to a safe haven.

To date, approximately 46 States have enacted safe haven legislation to provide a vehicle for the safe relinquishment of unwanted newborns.

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HHS Approves Indiana Child Welfare Waiver

Initiative to Help Youth Live in Permanent, Stable Homes

HHS Secretary Mike Leavitt today announced the approval of a child welfare waiver demonstration project for the state of Indiana.

The waiver enables Indiana to use federal funds more flexibly to expedite the reunification of children in foster care with their own families. It will also help prevent recurrence of child abuse and neglect as well as help improve family well-being.

"Every child deserves to grow up in a safe and stable home," Secretary Leavitt said. "By providing Indiana with greater flexibility, this Administration is helping to strengthen families and offer children the care and permanency they need to become successful adults."

Under the waiver, Indiana will be able to use title IV-E federal foster care dollars more flexibly to develop and test innovative programs to deliver and finance child welfare services.

"President Bush believes states should be empowered with flexibility to develop ways to strengthen services to families in crisis," said Wade F. Horn, Ph.D., HHS assistant secretary for children and families. "This waiver will help Indiana make a positive impact in the lives of hundreds of children and families."

An independent evaluation of the first five years of Indiana's waiver demonstration found that in the 25 Indiana counties most actively engaged in the waiver demonstration project, children enrolled in the demonstration were more likely to receive family preservation services, individual counseling, respite care, child care and basic household assistance than children in a matched comparison group who did not have access to the flexible funding provided by the waiver. ...

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U.S. Department of Health & Human Services

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HHS Approves Arizona Child Welfare Waiver

Initiative to Help Youth Live in Permanent, Stable Homes

HHS Secretary Mike Leavitt today announced the approval of a child welfare waiver demonstration project for the state of Arizona.

The waiver enables Arizona to use federal funds more flexibly to expedite the reunification of children in foster care with their own families. It will also help prevent recurrence of child abuse and neglect as well as help improve family well-being.

Every child deserves to grow up in a safe and stable home, Secretary Leavitt said. By providing Arizona with greater flexibility, this Administration is helping to strengthen families and offer children the care and permanency they need to become successful adults.

The program will initially be available in three child welfare offices in Maricopa County. Following this initial phase, it may be expanded to additional areas of the state.

Under the waiver, Arizona will be able to use title IV-E foster care dollars more flexibly to develop and test innovative programs to help children return safely to their own families. ...

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HHS Awards Washington $1,990,000 for Two Child Support Demonstrations

Funds help children, support healthy marriage and parental relationships

HHS Assistant Secretary for Children and Families Dr. Wade F. Horn today announced $1,990,000 in federal funding for two demonstration projects in the state of Washington to promote improvements in child support enforcement efforts. The awards include $990,000 for a project in the city of Yakima and $1 million for a project in Lakewood.

These projects in the state of Washington will help improve the well-being of children, promote paternity establishment and help parents provide increased financial and emotional support for their children, Dr. Horn said. With todays announcement, we now have twelve child support enforcement projects aimed at developing and testing new strategies in communities across the nation to support the goals of child support enforcement through services that help couples form and sustain healthy marriages and parental relationships.

The grants are awarded under the authority of Section 1115 of the Social Security Act and require that each project be designed to improve the financial well-being of children or otherwise improve the operation of the child support enforcement program. Section 1115 authorizes states to conduct experimental, pilot or demonstration projects likely to assist in promoting the objectives of the Social Security Act.

The goals of the demonstration projects include improving the establishment of paternity and increasing financial support for children as well as improving fathers relationships with both their children and the mothers of their children. The projects also include efforts to improve couple relationships and reduce the potential for domestic violence. The projects are required to screen participants for domestic violence and refer appropriate individuals for services. ...

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ACF Releases New Report on Healthy Marriage Initiative

HHS Assistant Secretary for Children and Families Wade F. Horn, Ph.D., today announced the release of a new report on President Bushs healthy marriage initiative.

This report takes stock of the progress we have made with the Presidents healthy marriage initiative, said Dr. Horn. By helping couples form and sustain a healthy marriage, we help improve the well-being of children, families and communities.

The report, entitled Healthy Marriage Initiative: Activities and Accomplishments 2002-2004, provides an overview of healthy marriage demonstration projects and grant activities, the African American and Hispanic healthy marriage initiatives, healthy marriage research and other resources funded by ACF through 2004.

The healthy marriage initiative was launched in 2002. Its mission is to help couples, who have chosen marriage for themselves, gain greater access to voluntary marriage education services, where they can acquire the skills and knowledge necessary to form and sustain a healthy marriage. The primary motivating factor of the initiative is research showing the substantial benefits of healthy marriage for adults, children and society. ...

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