Child Protective Services is required to undertake efforts designed to prevent the separation of families. Under current law, however, CPS is required to meet a higher standard for these efforts when a child qualifies as a member of a Native American tribe, effectively creating a two-tiered prevention system.
Key points:
- Under current law, CPS applies active efforts or reasonable efforts depending on whether a child qualifies as a member of a Native American tribe, effectively creating a two-tiered system of justice.
- Case law shows that active efforts is a higher standard than reasonable efforts because it brings more resources to bear to achieve family preservation and reunification.
- In both state and federal law, active efforts is better defined, in turn providing CPS caseworkers with greater guidance and accountability for serving families at risk of separation.