The United States Department of Health and Human Services
The United States Department of Health and Human Services (DHHS) provides a framework for the protection and maintenance of children’s welfare. Under this framework, some statutes apply to the federal level while others apply to the state level (HHS, 2000). These statutes are critical towards ensuring that children have the opportunity to live normally. Among the most notable child welfare statutes is the final rule. In essence, the final rule has various outstanding objectives with regard to child welfare services. This paper seeks to examine the final rule as well as identify the various areas of weaknesses for the program. Additionally, the paper will also include recommendations for addressing these pitfalls.
Overview of the Final Rule
This statute is a federal legislation that helps in monitoring the implementation of child welfare programs at the state level. The DHHS has the responsibility of overseeing the successful implementation of federal statutes for child welfare services at both the national and state levels. This statute not only focuses on child welfare but also the wellbeing of family units across the country. In addition to the implementation of child and family welfare programs, the final rule also seeks to facilitate improvements to the existing policy framework (Testa, 2010). Such improvements are critical with regard to the enhancement of child and family programs in accordance to the prevailing trends.Under the final rule, the DHHS has the responsibility of streamlining corrective action with regard to the implementation of child and family welfare programs. Under the final rule statutes, there are various outstanding stipulations.
Firstly, this statute seeks to monitor and review the existing child and family welfare programs. Through these reviews, the DHHS will oversee compliance of the child welfare programs at state and federal levels. The reviews are also critical in terms of examining the results of the children and family welfare services (Baker, 2008). In the event that these programs do not yield the appropriate goals, the DHHS provides the necessary recommendations.The reviews are also useful platforms for establishing a comprehensive technical framework for enhancing compliance at state levels. The review process also seeks to involve all stakeholders in identifying and dealing with the various pitfalls of the welfare programs. This approach is an excellent basis for streamlining the efficiency of the welfare programs. Apart from review, the final rule statute also comprises of a framework for overseeing the implementation of MEPA (Multiethnic Placement Act). MEPA represents a federal policy that seeks to avert discriminatory perspectives during the implementation of children and family welfare programs.
Under the provisions of MEPA, it is illegal to discriminate families and children based on nationality or race (Cohen, 2001). The final rule oversees the enforcement of MEPA in all jurisdictions. For instance, the final rule stipulates strict penalties for violators of the MEPA act. Such penalties include fines and jail sentences. Consequently, the final rule is a useful platform for averting discriminatory perspectives while offering children and family welfare services. In addition to MEPA, the final rule also seeks to streamline the implementation of the ASFA (Adoption and Safe Families Act) policy. This policy is extremely vital with regard to the enhancement of safety standards while providing welfare services for children. Under the final rule statute, state authorities can determine the most effective approach for implementing the ASFA framework (Cameron, 2006).
Enforceability
The final rule statutes are enforceable. This is evident through various perspectives. Firstly, the implementation framework of the final rule integrates all stakeholders at the state and federal levels. This is an essential perspective in terms of ensuring that that the statute attains the various goals. The incorporation of other child welfare policies such as MEPA and ASFA also underscores the enforceability of the final rule statute (Maluccio, 2010). It would be difficult to implement this policy without considering other related policy frameworks. This is also crucial with regard to streamlining the efficiency of child and family welfare services. The enforceability of the final rule statutes is also evident through the input of HHS. This is an influential government agency that has the relevant technical manpower to enforce the final rule statutes (Fraser, 2010).
Reduction of Child Abuse
The statutes of the final rule will help in reducing the prevalence of child abuse. Under the provisions of the final rule, there are strict rules that seek to avert the violation of fundamental rights. For instance, this policy framework provides stern penalties for discriminatory behavior towards children. The final rule also reduces the incidence of child abuse by closely monitoring the MEPA and ASFA policy frameworks (Douglas, 2010). These are crucial policies in terms of ensuring that states establish adequate platforms for safeguarding the rights of children.Through the final rule, the HHS will closely monitor the manner in which parents treat their children. This is an essential aspect of preventing potential child abuse. Additionally, the final rule is helpful in reducing child abuse because it encompasses frequent criminal checks. Such checks are vital in identifying malicious behavior that can jeopardize the wellbeing of children and families (HHS, 2000).
Gaps
Although the final rule framework is largely effective, there are various notable gaps especially in terms of implementation. Firstly, the final rule does not include a comprehensive framework for resource allocation. Without sufficient resource allocation mechanisms, it is difficult to attain efficiency in the implementation of any policy (Cameron, 2006). The final rule does not provide an effective framework for integrating communities in the reviews. Members of the public are aware of the various challenges facing children and families. Consequently, it is vital to include community representatives in the implementation of child and family programs (Cohen, 2001).
Improvements
In order to address the various shortfalls of the final rule, there are various crucial areas of improvement. Firstly, it is fundamentally essential for the HHS to allocate more resources towards the implementation framework of the final rule. Additional resources will help in ensuring that the policy attains all objectives. It is also essential for the implementation framework to focus on the grassroots as opposed to the state and federal levels. For instance, it is crucial to integrate county authorities in the implementation framework of the final rule. This will help in reaching out to more children and families. It is also crucial for the final rule to include sterner actions for individuals who violate the different provisions. Stern action is vital in terms of averting discriminatory behavior towards children and families. The reviews should occur at shorter intervals. This is helpful in terms of identifying pitfalls as soon as they occur. Frequent reviews of the final rule framework are also vital in terms of streamlining the efficiency of the entire policy framework (Baker, 2008).
References
Baker, A. & Charvat, B. (2008). Research methods in child welfare. NY: Columbia University Press
Cameron, G. (2006). Towards positive systems of child and family welfare. Toronto: University of Toronto Press
Cohen, S. (2001). Championing child care. NY: Columbia University Press
Douglas, E. (2010). Innovations in child and family policy. Lanham, MD: Lexington Books
Fraser, M. & Jenson, J. (2010). Social policy for children and families. Thousand Oaks, CA: SAGE
HHS (2000). Child Welfare Final Rule. Accessed on 19th November 2012 from www.acf.hhs.gov/
Maluccio, A. & Canali, C. (2010). Improving outcomes for children and families. Philadelphia, PA: Jessica Kingsley Publishers
Testa, M. (2010). Fostering accountability. Oxford, NY: Oxford University Press
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