Poor Enough to Be Eligible? Child Abuse, Neglect, and the Poverty Requirement
Susan Vivian Mangold
SUNY Buffalo Law School
Buffalo Legal Studies Research Paper No. 2008-05
St. John's Law Review, Vol. 81, No. 2, 2007
Under current federal law, an abused or neglected child must be poor to be eligible for federal funds for foster care maintenance payments. Eligibility is not determined on the basis of abuse or neglect alone; in addition, the child's family must be indigent. Foster care reimbursement is entangled with the now defunct Aid to Family with Dependent Children (AFDC) eligibility requirements resulting in irrelevant and costly administrative eligibility determinations. This article looks at the history of the relationship between foster care and AFDC and argues that the income eligibility for foster care reimbursement should be eliminated. The federal funds saved by eliminating this costly administrative assessment should then be directed into the shelter, food and clothing needs of children in care.
Number of Pages in PDF File: 27
Keywords: child abuse, child neglect, foster care, AFDC eligibility, child welfare, Title IV-E, foster care independent living, adoption assistance, adoption subsidiesAccepted Paper Series
Date posted: February 6, 2008 ; Last revised: March 13, 2008
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