NCJ Number
129711
Journal
California Western Law Review Volume: 26 Issue: 2 Dated: (1989-1990) Pages: 223-256
Date Published
1990
Length
34 pages
Annotation
This article summarizes the statutory, regulatory, judicial, and programmatic steps taken in the last decade to implement "reasonable efforts" to maintain children with their families or, if this is not possible, to make reasonable efforts to reunify the child with the family as mandated under the Federal Adoption Assistance and Child Welfare Act.
Abstract
Unfortunately, neither Congress nor the Department of Health and Human Services has defined the term "reasonable efforts," and only a few States have attempted to define "reasonable efforts" in their statutes. This article proposes a 3-step defining process that will improve reasonable-efforts determinations in individual cases. The steps include identifying the exact danger that puts the child at risk of placement and that justifies State intervention, determining how the family problems are causing or contributing to this danger to the child, and designing and providing services for the family that alleviate or diminish the danger to the child. This article also analyzes model legislation from various States to guide other States that are considering incorporating reasonable-efforts language into their juvenile codes. Trends and goals for the 1990's are suggested. 105 notes