Child Welfare Law & Policy (J. Holling*r)

This course will examine the effects of federal and state child welfare and public assistance programs on children and their families, and especially, on poor and minority children, who have been, and continue to be, disproportionately subject to our burgeoning “public” family law. In addition to offering a variety of perspectives on the historical and contemporary functions and deficiencies of the child welfare system, the readings explore the reciprocal relationships between recent welfare laws and regulations (e.g. TANF and PWORA) and child protection laws, including the federal Adoption and Safe Families Act (ASFA), the Indian Child Welfare Act (ICWA), and the Multiethnic Placement Act (MEPA). The effects of federal child welfare policies on State foster care and adoption laws and practices are also discussed

The course will be of particular interest to students considering an internship or field placement with one of the Bay Area’s many child advocacy organizations. Alternative strategies for improving the lives of at-risk children and youth will be discussed, including the role of class action litigation that seeks injunctive relief and monetary damages from public agencies. A number of public interest attorneys working on behalf of children in the dependency system will speak to the class. With the instructor’s permission, students may be able to begin a Writing Requirement in this course.

Exam Notes: P