ABSTRACT

Experts have noted that the tension between the state's interest in maintaining parental liberty and family privacy juxtaposed with the state's interest in protecting children from harm (see chapters 10 and 13) has produced one of the most complex and confusing areas of law (Melton et al., 1997). Child welfare legislation has evolved through a combination of state and federal initiatives. The relationship between federal and state legislation pertaining to child welfare has shifted over time. At times, states have influenced national changes with progressive or innovative state legislation. At other times, Congress has encouraged changes in state regulations through use of financial incentives to promote specific social policy goals (Shotton, 1990) or by mandating legislative changes.