U.S. Code

Procedures for this branch of government

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U.S. Code

Postby Marina » Sun Sep 10, 2006 12:46 pm

U.S. Code

There are a lot of good things in here which can be used in Declaration of Facts and Objections and Corrections, also Federal lawsuit.

U.S. Code

Title 42 - The Public Health and Welfare Code
http://www4.law.cornell.edu/uscode/html ... 01_42.html

Chapter 7 - Social Security
http://www4.law.cornell.edu/uscode/html ... _10_7.html

http://www4.law.cornell.edu/uscode/html ... 20_IV.html

Part B—Child and Family Services
http://www4.law.cornell.edu/uscode/html ... _30_B.html

subpart 1—child welfare services
http://www4.law.cornell.edu/uscode/html ... _40_1.html

subpart 2—promoting safe and stable families
http://www4.law.cornell.edu/uscode/html ... _40_2.html

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§ 629a. Definitions
http://www4.law.cornell.edu/uscode/html ... a000-.html

The term “family preservation services” means services for children and families designed to help families

(A) service programs designed to help children—
(i) where safe and appropriate, return to families from which they have been removed

(B) preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely with their families

(2) Family support services
The term “family support services” means community-based services to promote the safety and well-being of children and families designed to increase the strength and stability of families...

to increase parents’ confidence and competence in their parenting abilities, to afford children a safe, stable, and supportive family environment, to strengthen parental relationships and promote healthy marriages, and otherwise to enhance child development.

(3) State agency
The term “State agency” means the State agency responsible for administering the program under subpart 1.

This is significant, because reasonable efforts for prevention and reunification have to be provided by "The Agency" itself. Prevention efforts have to be listed on the first foster care service plan. In VA. that section is titled - 'services by state agencies', NOT the social services agency which administers Title IV. They are including services from Dept. of Justice & Dept. of Education.

(7) Time-limited family reunification services
(A) In general
The term “time-limited family reunification services” means the services and activities described in subparagraph (B) that are provided to a child that is removed ...

and to the parents... of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion

This is significant because agencies interpret services to mean services that parents are supposed to provide to themselves. In Virginia, they even define it this way, for state-paid services.

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§ 629. Findings and purpose
http://www4.law.cornell.edu/uscode/html ... -000-.html

to strengthen families

prompt availability of appropriate services

preserve intact families

To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner

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Part A—Block Grants to States for Temporary Assistance for Needy Families
http://www4.law.cornell.edu/uscode/html ... _30_A.html

§ 608. Prohibitions; requirements
http://www4.law.cornell.edu/uscode/html ... -000-.html

(a) In general
(1) No assistance for families without a minor child
A State to which a grant is made under section 603 of this title shall not use any part of the grant to provide assistance to a family, unless the family includes a minor child who resides with the family (consistent with paragraph (10)) or a pregnant individual.

(10) Denial of assistance for minor children who are absent from the home for a significant period

(A) In general
A State to which a grant is made under section 603 of this title shall not use any part of the grant to provide assistance for a minor child who has been, or is expected by a parent (or other caretaker relative) of the child to be, absent from the home for a period of 45 consecutive days or, at the option of the State, such period of not less than 30 and not more than 180 consecutive days as the State may provide for in the State plan submitted pursuant to section 602 of this title.

(B) State authority to establish good cause exceptions
The State may establish such good cause exceptions to subparagraph (A) as the State considers appropriate if such exceptions are provided for in the State plan submitted pursuant to section 602 of this title.

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