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 Decade: 2000-2009
 Collection: Congressional Research Service Reports
Child Pornography: Constitutional Principles and Federal Statutes

Child Pornography: Constitutional Principles and Federal Statutes

Date: June 25, 2003
Creator: Cohen, Henry
Description: The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress.
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Child Pornography: Constitutional Principles and Federal Statutes

Child Pornography: Constitutional Principles and Federal Statutes

Date: October 10, 2008
Creator: Cohen, Henry
Description: This report discusses the constitutional status of child pornography and summarizes federal statutes banning and regulating child pornography as well as selected court cases that have ruled on their constitutionality or interpreted them.
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Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation

Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation

Date: March 31, 2003
Creator: Cohen, Henry
Description: This report analyzes the First Amendment issues raised by S. 151, 108th Congress, in the versions passed by the Senate and the House. The Senate passed the version reported by the Senate Committee on the Judiciary (S.Rept. 108-2). The House version began as H.R. 1161, which, except for its section 10, was adopted as an amendment (Title V) to H.R. 1104, which the House passed as S. 151, the Child Abduction Prevention Act.
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Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation

Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation

Date: February 25, 2003
Creator: Cohen, Henry
Description: This report analyzes S. 151, 108th Congress, as reported by the Senate Committee on the Judiciary (S.Rept. 108-2) and passed by the Senate, and considers whether it would violate freedom of speech.
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Child Welfare and TANF Implementation: Recent Findings

Child Welfare and TANF Implementation: Recent Findings

Date: July 8, 2002
Creator: Stoltzfus, Emilie
Description: This report examines recent research findings about Temporary Assistance for Needy Families (TANF) implementation as it has affected the nation’s child welfare system. The nation’s program of cash aid for needy families with children (TANF) and its program to protect and care for children who are abused or neglected (child welfare services) are linked by history and share some of the same clients who have similar service needs.
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Child Welfare Financing: An Issue Overview

Child Welfare Financing: An Issue Overview

Date: April 6, 2005
Creator: Stoltzfus, Emilie
Description: The purpose of this report is to describe the federal interest in child welfare (as expressed by Congress); describe the current level and structure of federal dedicated child welfare financing and examine trends in the appropriation and spending of this money; and to review the extent to which states rely on non-dedicated federal funds for child welfare purposes. Finally, the report discusses the future federal commitment to child welfare financing, along with the concepts of flexibility and accountability, as these relate both to current law and to recent proposals to alter federal child welfare financing.
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Child Welfare: Foster Care and Adoption Assistance Provisions in the Budget Reconciliation Bills

Child Welfare: Foster Care and Adoption Assistance Provisions in the Budget Reconciliation Bills

Date: November 18, 2005
Creator: Stoltzfus, Emilie
Description: This report provides background information on provisions relevant to federal funding for child welfare purposes and other child welfare related provisions included in S. 1932 and H.R. 4241, and will be updated as necessary.
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Child Welfare Issues in the 108th Congress

Child Welfare Issues in the 108th Congress

Date: September 17, 2004
Creator: Stoltzfus, Emilie
Description: The purpose of this report is to present a number of generally less broad legislative proposals related to child welfare financing have been introduced in the 108th Congress. Additional child welfare-related proposals designed to improve services, promote timely placement of children across state lines, and for other purposes, are described in this report.
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Child Welfare Issues in the 108th Congress

Child Welfare Issues in the 108th Congress

Date: May 6, 2003
Creator: Stoltzfus, Emilie
Description: The purpose of this report is to present a number of generally less broad legislative proposals related to child welfare financing have been introduced in the 108th Congress. Additional child welfare-related proposals designed to improve services, promote timely placement of children across state lines, and for other purposes, are described in this report.
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Child Welfare Issues in the 108th Congress

Child Welfare Issues in the 108th Congress

Date: April 1, 2003
Creator: Stoltzfus, Emilie
Description: The purpose of this report is to present a number of generally less broad legislative proposals related to child welfare financing have been introduced in the 108th Congress. Additional child welfare-related proposals designed to improve services, promote timely placement of children across state lines, and for other purposes, are described in this report.
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Child Welfare Issues in the 108th Congress

Child Welfare Issues in the 108th Congress

Date: June 23, 2003
Creator: Stoltzfus, Emilie
Description: The purpose of this report is to present a number of generally less broad legislative proposals related to child welfare financing have been introduced in the 108th Congress. Additional child welfare-related proposals designed to improve services, promote timely placement of children across state lines, and for other purposes, are described in this report.
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Child Welfare Issues in the 108th Congress

Child Welfare Issues in the 108th Congress

Date: March 3, 2003
Creator: Stoltzfus, Emilie
Description: The purpose of this report is to present a number of generally less broad legislative proposals related to child welfare financing have been introduced in the 108th Congress. Additional child welfare-related proposals designed to improve services, promote timely placement of children across state lines, and for other purposes, are described in this report.
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Child Welfare Issues in the 108th Congress

Child Welfare Issues in the 108th Congress

Date: August 11, 2003
Creator: Stoltzfus, Emilie
Description: Child welfare services are intended to protect children who have been abused or neglected or are at risk of maltreatment. These services take various forms, ranging from counseling and other supports for parents — which are intended to improve child well-being and prevent child abuse and neglect — to removal of the children from their homes. At the most extreme, these services include termination of parental rights and placement of the children for adoption. This report describes child welfare legislative issues in the 108th Congress.
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Child Welfare Issues in the 110th Congress

Child Welfare Issues in the 110th Congress

Date: February 26, 2008
Creator: Stoltzfus, Emilie
Description: As the U.S. Constitution has been interpreted, states have the primary obligation to ensure child welfare. However, Congress provides significant federal funds to help states exercise this responsibility ($7.9 billion appropriated in FY2008). Most of this support is provided for children who are in foster care and who meet specific federal eligibility criteria. This report discusses the federal framework for child welfare policy; reviews the scope of activities, and children and families served, by state child welfare agencies; summarizes several child welfare-related hearings that were held in 2007; describes child welfare and related legislative proposals that have been introduced in the 110th Congress; and reviews child welfare programs for which funding authorization has expired or is set to expire on the last day of FY2008.
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Child Welfare Issues in the 110th Congress

Child Welfare Issues in the 110th Congress

Date: June 17, 2008
Creator: Stoltzfus, Emilie
Description: As the U.S. Constitution has been interpreted, states have the primary obligation to ensure child welfare. However, Congress provides significant federal funds to help states exercise this responsibility ($7.9 billion appropriated in FY2008). Most of this support is provided for children who are in foster care and who meet specific federal eligibility criteria. This report discusses the federal framework for child welfare policy; reviews the scope of activities, and children and families served, by state child welfare agencies; summarizes several child welfare-related hearings that were held in 2007; describes child welfare and related legislative proposals that have been introduced in the 110th Congress; and reviews child welfare programs for which funding authorization has expired or is set to expire on the last day of FY2008.
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Child Welfare: Program Reauthorizations and Recent and FY2006 Proposed Funding Levels

Child Welfare: Program Reauthorizations and Recent and FY2006 Proposed Funding Levels

Date: November 29, 2005
Creator: Stoltzfus, Emilie
Description: This report discusses current funding levels for child welfare programs, intended to protect children from abuse and neglect and to ensure their well-being. In FY2005 the federal government appropriated $7.8 billion for these purposes. Most of this funding is made available to states through open-ended entitlement programs or as formula grants and is authorized under Title IV-E and Title IV-B of the Social Security Act or under the Child Abuse Prevention and Treatment Act (CAPTA).
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Child Welfare: Reauthorization of the Promoting Safe and Stable Families Program in the 107th Congress

Child Welfare: Reauthorization of the Promoting Safe and Stable Families Program in the 107th Congress

Date: January 24, 2002
Creator: Stoltzfus, Emilie & Spar, Karen
Description: This report discusses the reauthorization of the Promoting Safe and Stable Families Amendments of 2001. The new law maintains the FY2001 mandatory funding level, authorizes additional discretionary funding, and grants new program authority to provide mentoring services for children of prisoners. In addition, the enacted legislation allows states to use Promoting Safe and Stable Families funds for infant "safe haven" programs, provides for reallocation of unused program funds, clarifies language defining family support programs, and gives more explicit instructions to the Department of Health and Human Services (HHS) regarding use of funds set aside for research, evaluation and technical assistance.
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Child Welfare: Recent and Proposed Federal Funding

Child Welfare: Recent and Proposed Federal Funding

Date: May 21, 2009
Creator: Stoltzfus, Emilie
Description: This report provides an overview of the FY2010 President's budget request, and it discusses share of child welfare funding by general purpose.
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Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care

Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care

Date: January 22, 2008
Creator: Fernandes, Adrienne L.; Szymendera, Scott & Stoltzfus, Emilie
Description: This report begins with a discussion of the foster care system and the Social Security benefits available to eligible children, including those in foster care. It then describes the role of representative payees and their responsibilities. The report provides data on the use of Social Security benefits to reimburse states for child welfare, and includes a discussion of the Keffeler decision. Finally, the report concludes with proposals supported by some advocates to change the current practice of using SSI and other Social Security benefits to fund foster care (including legislation introduced in the 110th Congress), as well as with a discussion of state initiatives to screen all foster children for Social Security and to pass along some benefits to eligible children.
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Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care

Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care

Date: February 1, 2007
Creator: Fernandes, Adrienne L.; Szymendera, Scott & Stoltzfus, Emilie
Description: This report begins with a discussion of the foster care system and the Social Security benefits available to eligible children, including those in foster care. It then describes the role of representative payees and their responsibilities. The report provides data on the use of Social Security benefits to reimburse states for child welfare, and includes a discussion of the Keffeler decision. Finally, the report concludes with proposals supported by some advocates to change the current practice of using SSI and other Social Security benefits to fund foster care, as well as with a discussion of state initiatives to screen all foster children for Social Security and to pass along some benefits to eligible children.
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Child Welfare: State Performance on Child and Family Services Reviews

Child Welfare: State Performance on Child and Family Services Reviews

Date: June 29, 2005
Creator: Stoltzfus, Emilie
Description: This report begins with a short history of the legislation and other factors that led to the creation of the current CFSR and then briefly describes how a CFSR is conducted and what “substantial conformity” with federal child welfare policy means in the context of this review. Much has been made of the fact that no state was found to be in substantial conformity with all aspects of federal policy reviewed during the initial (FY2001-FY2004) round of the CFSRs. This report seeks to better understand that fact by looking closely at state performance on each of the performance indicators that determined compliance.
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Child Welfare: The Promoting Safe and Stable Families Program

Child Welfare: The Promoting Safe and Stable Families Program

Date: January 24, 2002
Creator: Stoltzfus, Emilie & Spar, Karen
Description: The report describes the authorization of funding for the Promoting Safe and Stable Families program (first created in 1993 under a different name) that has expired in the end of FY2001; thus, the 107th Congress acted to reauthorize this program and make some program changes (H.R. 2873, P.L. 107-133). P.L. 107-133 expands the definition of family preservation services under the Promoting Safe and Stable Families Program to include infant safe haven programs; clarifies the meaning of family support to include services that “strengthen parental relationships and promote healthy marriages”; provides for reallocation of unused program funds; and states that, out of any discretionary funds appropriated for the Safe and Stable Families Program, 3.3% will be added to the existing $10 million setaside for Court Improvement Grants; 3.3% will be added to the existing $6 million reservation for evaluation, technical assistance, research and training; and 2% will be added to the existing set-aside for Indian tribes (1% of mandatory funds).
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Child Welfare Waiver Demonstrations

Child Welfare Waiver Demonstrations

Date: June 16, 2003
Creator: Shuman, Matthew
Description: This report provides background information on the child welfare waivers and a description of the progress states have made on these demonstration projects. Waiver projects must be cost neutral to the federal government; may be conducted for no longer than 5 years (though HHS may grant an extension of up to 5 years); and must include an evaluation comparing the existing state program to the waiver project.
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Children Exposed to Domestic Violence: Federal Assistance Programs

Children Exposed to Domestic Violence: Federal Assistance Programs

Date: December 27, 2006
Creator: Fairman Cooper, Edith
Description: The impact on children of domestic violence was an issue of interest in the 109th Congress. The first session of the 109th Congress ended with the passage of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162), which contained new initiatives to address concerns about children and youth exposed to and victimized by domestic violence. This report discusses existing federal programs and initiatives that have been established to assist such children and youth, and new provisions enacted in P.L. 109-162.
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