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:

  1. 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.
  2. 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.
  3. 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.