Foster Care Law: Statutes and Case Law
Federal Law
Adoption and foster care laws are statutorily based. States must comply with standards set forth in several federal statutes to be eligible for some forms of federal funding.[1] The federal foster care statute requires restrictions on disclosure of information regarding the following: children assisted by the plan, reporting of abuse, health and safety standards for foster homes, a focus on the health and safety of the child, reasonable efforts be made for the preservation or reunification of families, permanent placement timeliness, abandonment, a preference for a placement with a relative, criminal record checks on prospective foster parents, and preparation for prospective foster parents.[2] State foster plans must be approved by the federal Security of Health and Human Services. [3] Congress amended the Adoption Assistance and Child Welfare Act of 1980 by enacting the Adoption and Safe Families Act of 1997, which recognized that children were enrolled in the foster care system for extended lengths of time and that the intended temporary nature of the foster care system was not a reflection of reality. The 1997 Act puts less emphasis on efforts of biological parents’ rights and instead pushes for adoption proceedings.[4]

Washington State Law
Statutes and Regulations:
In Washington, the RCW that provides the legal basis for the foster care program is
RCW 74.13.020, which authorizes the department to provide foster care placement services. Pursuant to the RCW, child welfare services shall be defined as public social services including adoption services which strengthen, supplement, or substitute for, parental care and supervision.
The bulk of the details of the foster care system can be found in the Washington Administrative Codes (WAC). The relevant WACs are under section 388-25. The WACs provide rules and guidance on a wide array of issues like placement authorization and payment, parental support obligation, administrative hearings, foster parent training, child placing agencies, relative placement, family supports and relationships.

Cases:
There are no cases that are directly on point for the issues facing LGBT youth. For example, placement is a serious issue of LGBT youth. Many LGBT youth are placed in out-of-home placements where they are discriminated because of the sexual orientation or gender identity. This discrimination can include attempts to send the child to conversion therapy, verbal or physical assault, refusing to allow the child to participate in after school activities or to socialize with the youth's peers. There is no case law that discusses whether CPS must move the child to a non-discriminatory placement. There is also no case law that addresses whether a judge may step in if CPS is unresponsive to the child's needs and order a specific placement.

Statue	Details
Federal
42 U.S.C. § 671(a)(15)(B) The Adoption and Safe Families Act	Requires state plans for foster care and adoption assistance make "reasonable efforts… to preserve and reunify families (i) prior to placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and (ii) to make it possible for a child to safely return to the child's home."
State
RCW 74.13.020	As used in Title 74RCW, child welfare services shall be defined as public social services including adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of, inter alia:Protecting and caring for dependent or neglected children and protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed; providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities. As used in this chapter, child means a person less than eighteen years of age.
RCW 74.13.031	This statute outlines the duties of the Department of Child and Welfare services, including, but not limited to, recruiting foster parents, investigating complaints, and monitoring out-of-home placements.
Washington Administrative Code
PART A:	GENERAL
388-25-0005	What is the legal basis for the foster care program?
388-25-0010	What definitions apply to the foster care program?
PART B:	PLACEMENT AUTHORIZATION AND PAYMENT
388-25-0015	What are the department's placement priorities?
388-25-0018	What is the agency's goal as to the maximum number of children who remain in foster care in excess of twenty-four months?
388-25-0020	What are the department's limitations on placement?
388-25-0025	When may the department or a child placing agency authorize foster care placement?
388-25-0030	When may the department serve a child through a behavior rehabilitation services program?
388-25-0035	What is the department's authority to remove a child from a behavior rehabilitation services placement?
388-25-0040	How long may a child served by the department remain in out-of-home placement before a court hearing is held?
388-25-0045	Under what circumstances may a parent sign a consent for voluntary placement of a child in foster care with the department?
388-25-0050	What must a parent do to place the child in foster care with the department?
388-25-0055	How long may a voluntary placement last with the department?
388-25-0060	May the department grant an exception to the length of stay in voluntary placement?
388-25-0065	What are the department's placement procedures for an infant residing in foster care with the infant's teen parent?
388-25-0070	When does the department authorize foster care payments?
388-25-0075	To whom does the department make payment for foster care?
388-25-0080	Are dependency guardians who are licensed foster parents able to receive payment from more than one source?
388-25-0085	What happens if the dependency guardian receives payments from more than one source?
388-25-0090	What are the department's expectations for foster care providers to whom the department makes reimbursement for services?
388-25-0095	What are the requirements for release of foster parents' care records?
388-25-0100	What are the department's responsibilities regarding financial assistance to support children in the department's foster homes and child placing agency foster homes?
388-25-0105	What is the effective date for payment of foster care?
388-25-0110	What is the effective date for termination of foster care payments?
388-25-0115	What are the department's general standards for family foster care reimbursement?
388-25-0120	What is the department's reimbursement schedule for regular family foster care?
388-25-0125	When may the department authorize a clothing allowance for a child in out-of-home care?
388-25-0130	What are the standards for use and reimbursement of receiving home care?
388-25-0135	What are the types of receiving homes and what children are served in them?
388-25-0140	Who decides on the number of receiving homes needed in an area?
388-25-0145	How long may a child stay in a receiving home?
388-25-0150	What are the rates for reimbursement to receiving home providers?
388-25-0155	How are rates authorized for reimbursement to receiving home providers?
388-25-0160	What are the reimbursement standards for payments above the basic foster care rate?
388-25-0170	What other services and reimbursements may be provided for the support of children placed in foster care by the department?
388-25-0175	Under what circumstances may the department provide foster care for educational purposes?
388-25-0180	Under what circumstances may the department provide reimbursement for foster care if the child is temporarily absent from the foster home or facility?
388-25-0185	May the department consider foster care payments to the foster family in determining eligibility for public assistance?
388-25-0190	What are the department's standards for making foster care payment to a relative providing care to the child served by department?
388-25-0195	How does the department make reimbursement for foster care for a child served by the department who moves out-of-state with the foster family?
388-25-0200	What payment procedures must the department follow for children placed across state borders?
388-25-0205	How does the department treat the earnings of a child in foster care?
388-25-0210	How does the department treat resources and unearned income of a child in foster care?
PART C:	PARENTAL SUPPORT OBLIGATION
388-25-0215	What is the parents' obligation to support their child in foster care?
388-25-0220	Who has authority to recommend or negotiate amounts for parental participation in the cost of foster care?
388-25-0225	What cases must be referred to the division of child support (DCS)?
388-25-0226	Does children's administration refer foster care cases to the division of child support where good cause exists?
388-25-0227	What constitutes good cause for not pursuing the collection or establishment of child support or paternity?
388-25-0228	Does the division of child support pursue collection or establish child support or paternity on cases in which good cause has been determined?
388-25-0229	Who may request a good cause determination?
388-25-0231	When may a good cause determination be requested?
388-25-0235	To whom must parents' send child support payments for their child in foster care?
388-25-0240	Under what circumstances must child care judgment and limited power of attorney for parental support payments be assigned to the department?
PART D:	VETERANS' BENEFITS
388-25-0245	Who receives veterans' benefits for children in foster care?
PART E:	ADMINISTRATIVE HEARINGS
388-25-0250	What limitations exist on administrative hearings regarding foster care payments?
388-25-0255	What standards must the department apply to contracted and noncontracted service providers and vendors when the department has identified an overpayment to the provider or vendor?
388-25-0260	Do vendor overpayment rules in this chapter also apply to adoptive parents?
388-25-0265	Are there time limitations on identifying and recovering an overpayment?
388-25-0270	May overpayments be waived or forgiven?
388-25-0275	Do other governmental organizations have the right to an adjudicative hearing?
388-25-0280	What steps must a provider or vendor take when requesting an administrative hearing in regards to an overpayment?
388-25-0285	When is payment due on an overpayment?
388-25-0290	Which is the deciding authority if another WAC rule or the provisions of the Administrative Procedure Act conflict with the information in this chapter?
388-25-0295	Who establishes guidelines to identify overpayments and to mediate overpayment disputes?
PART F:	FOSTER PARENT LIABILITY FUND
388-25-0300	What is the foster parent liability fund?
388-25-0305	What is the period of coverage for foster parent liability fund?
388-25-0310	Who is eligible for coverage under the foster parent liability fund?
388-25-0315	What are the limits of coverage under the foster parent liability fund?
388-25-0320	The department excludes what claims from coverage under the foster parent liability fund?
388-25-0325	What if there are multiple claims for one occurrence under the foster parent liability fund?
388-25-0330	May another source be used to recover on the same claim paid by the liability fund?
388-25-0335	What are the department's authority and the foster parent's responsibilities regarding investigation of claims?
PART G:	FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT
388-25-0340	What are the department's responsibilities and limitations for reimbursement for damage or loss caused by a child in family foster care?
388-25-0345	What are the eligibility requirements for reimbursements to foster parents for damages?
388-25-0350	What are the department's reimbursement limitations?
388-25-0355	What types of claims are specifically excluded from reimbursement?
388-25-0360	What is the procedure for filing a claim?
388-25-0365	Which office within the department determines damage reimbursement?
388-25-0370	How are exception requests made?
388-25-0375	What claims may the department deny?
388-25-0380	What must a foster parent do to have a denied claim reconsidered?
388-25-0385	Will the department investigate claims?
PART H:	FOSTER PARENT TRAINING
388-25-0390	What are the training requirements for licensed foster parents?
PART I:	JUVENILE RECORDS
388-25-0395	What are the department's responsibilities for management of juvenile records?
388-25-0400	To whom may the department release records?
388-25-0405	Under what circumstances may the department exclude or deny information from release unless authorized by law or court order?
388-25-0410	What may a juvenile or the juvenile's parent do if the department denies access to information?
PART J:	CHILD PLACING AGENCIES
388-25-0415	What are the department's expectations for child placing agencies (CPA) to which the department makes reimbursement for services or administrative costs?
388-25-0420	What steps must the department take when a child whose case management responsibility remains with the department is placed in a home certified by a CPA?
388-25-0425	What activities must a child placing agency provide in order to receive payment from the department?
388-25-0430	Under what conditions and how much will the department reimburse to child placing agencies licensed or certified under chapter 74.15 RCW to provide care to children?
388-25-0435	What steps may the department take if a child placing agency does not meet the requirements of this chapter?
PART K:	INTERSTATE PLACEMENTS
388-25-0440	What are the department's obligations regarding children placed by the department between states?
PART L:	RELATIVE PLACEMENT
388-25-0445	Under what circumstances does the department choose a relative as the placement for a child in need of out-of-home care?
388-25-0450	Under what circumstances may a relative not be considered as a placement option for a child?
388-25-0455	What sources of financial support are available to a relative caring for a child that the department has placed in the relative's home?
FAMILY SUPPORTS AND RELATIONSHIPS
388-25-0460	How does the department treat relatives of specified degree with legally free children?
STATE SUPPLEMENTARY PAYMENT PROGRAM
388-25-1000	What is the state supplementary payment (SSP) that is administered by the children's administration (CA)?
388-25-1010	What are the eligibility requirements for the CA/SSP program?
388-25-1020	When will my eligibility for CA/SSP be determined?
388-25-1030	How will I know if I am eligible to receive a CA/SSP payment?
388-25-1040	Can I apply for the CA/SSP program if I am not identified by CA as eligible for the CA/SSP program?
388-25-1050	What are my appeal rights if CA determines that I am not eligible for CA/SSP?