58 Pages Posted: 3 Jun 2014
Date Written: June 3, 2014
In light of increasing national attention on high rates of prescribing psychotropic medication for children in foster care and related new federal requirements for state reporting to the federal government, we analyzed 16 states’ child welfare agencies’ laws, policies and regulations. Our analysis revealed that states that had monitoring policies in place tended to use informal guidance or policy statements that were underdeveloped and not likely subject to any public notice or comment. We argue that, especially given new federal requirements related to psychotropic medications and children in foster care, greater transparency is needed for state policymaking to ensure broad public input, transparency, and recourse in the case of non-compliance.
Keywords: foster care, administrative law, child welfare law, policy, regulation, child welfare, psychotropic, Fostering Connections, policy analysis
Suggested Citation: Suggested Citation
Noonan, Kathleen G. and Miller, Dorothy, Fostering Transparency: A Preliminary Review of 'Policy' Governing Pediatric Psychotropic Medications in Foster Care (June 3, 2014). Hastings Law Journal, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2445604