Child welfare professionals require ready access to State laws and regulations regarding child protection, foster care, and adoption. This publication provides web addresses for websites where State statutes can be accessed, and it also lists the parts of the code for each State and territory that contain the laws addressing child protection, adoption, and child welfare.

State Statutes

State statutes are provisions enacted by State legislatures to provide authorization for the State government to operate and perform its many functions. All States, the District of Columbia, and the U.S. Territories of American Samoa, Guam, the Northern Mariana Islands,¹ Puerto Rico,² and the Virgin Islands currently make their statutes available on websites that are freely accessible to the public. Statutes are organized topically into codes by titles, chapters, articles, or sections. Becoming familiar with how a State's code is structured is a useful tool in locating the information needed.

State Regulation and Policy

State regulations, also known as administrative law or policy, are promulgated by State agencies to guide the application of statutory requirements to agency practice.³ Each department or agency within a State government will typically have responsibility for formulating regulation and policy for the programs that the agency administers. Regulation is also typically organized into codes by agency, topical area, or even specific programs.

Most States now make regulation or administrative law available through the Internet. Some State agencies have further organized their regulations into "policy manuals," and many of these are also available online.

Other Considerations

State statutes can be subject to further interpretation by State case law. Case law refers to the body of court opinion, i.e., the written decisions that are issued at the appellate and supreme court level, that can impact the application of law. Individuals interested in how the law may apply to their specific situation should consult with a legal professional who has experience in child welfare law in their State.

Your State

To view online resources for child welfare laws and policies in your State, go to the State Statutes Search (www.naic.acf.hhs.gov/general/legal/statutes/Search/) and select the State and "Online Resources for State Child Welfare Law and Policy."

To find information on all of the States and territories, view the complete printable PDF, Online Resources for State Child Welfare Law and Policy (www.naic.acf.hhs.gov/general/legal/statutes/resources.pdf) (PDF - 394 KB)

© This information is from the National Adoption Information Clearinghouse.