CHILD ABUSE PREVENTION AND TREATMENT ACT
2003 AMENDMENTS
SUMMARY OF PROVISIONS IN HOUSE-SENATE
CONFERENCE AGREEMENT, Sen. Rpt. 108-150
Title I: General Program
Findings: updates findings to reflect 2001
reporting data.
National Clearinghouse: adds disseminating
information on:
- 1) programs which “hold the potential for broad scale
implementation and replication” and 2) best practices in improving CPS
- 1) procedures for investigation, assessment and
prosecution of child abuse cases, 2) methods of mitigating psychological
trauma to child victim, and 3) effective programs carried out by the states
with CAPTA funds
- training resources for 1) individuals engaged in child
protection and prevention, and 2) personnel in law enforcement, legal,
judicial, medical, mental health, education and child welfare services
- best practices for referrals of child victims to
physical and mental health and developmental services
Research: adds research support for:
- longitudinal research
- research on effects of maltreatment on child development
and identification of successful early intervention services
- research on “multidisciplinary, coordinated
decision-making procedures”
- national incidence study to include child maltreatment
by reason of family structure, parental living arrangement, family income and
size, work status, education attainment, grandparents as caregivers
- evaluation of best practices for achieving improvements
in CPS
- effective approaches for collaboration between CPS and
juvenile justice system
- analysis of redundancies and gaps in use of resources to
prevent c/an
- voluntary relinquishment to foster care of low-income
children in need of health or mental health services
Research: requires HHS to publish every two
years proposed research priorities for public comment (current law does not
specify time period)
Technical Assistance: adds t/a support for:
- replicating successful program models
- evaluating effective approaches to link CPS with health
care, mental health and developmental services, for forensic diagnosis and
health evaluation; and barriers to such linkages
Innovative Programs:
adds support for:
- promoting establishment of “safe, family-friendly
physical environments for visitation and exchange” for court-ordered
visitation between children and abusing parents, and for exchange of children
for visits with noncustodial parents in domestic violence cases
- prevention and treatment services in cooperation with
preschool, elementary and secondary schools
- development of risk and safety assessments
- strategies for training mandated reporters
- innovations in establishing a triage system for
responding to reports of c/an
- linkages between CPS and public health, mental health,
and developmental services to assure diagnosis and treatment for abused and
neglected children
- children’s hospitals and for model approaches to improve
medical diagnosis and health evaluations for abused and neglected
children
retains support for:
- mutual support and self-help programs but removes
specific reference to “Parents Anonymous”
Training: adds support for:
- training judicial, education, child protection
personnel, and CASAs
- training to enhance linkages between CPS and health care
services to improve forensic diagnosis and health evaluations; and for
innovative partnerships with creative approaches to funding for health
evaluation needs of children who have been substantiated abused and
neglected
- training CPS personnel in collaboration with families
during investigation through treatment
- training CPS staff in legal duties
- training child welfare workers
- enabling child welfare agencies to coordinate services
with health care, substance abuse, mental health and others
- cross-training CPS on domestic violence and substance
abuse
- training to support services for disabled infants with
life-threatening conditions
Evaluation: adds support for:
- technical assistance in evaluation to recipients of
innovation grants
Basic State Grants/Permitted Uses: adds
support for:
- ongoing case monitoring
- case management of treatment services
- updating technology for reporting and tracking cases and
to allow interstate and intrastate information exchange
- training to promote “collaboration with families;”
regarding legal duties of caseworkers; and personal safety training for case
workers
- improving quality and availability of caseworkers, and
improvements in supervision, recruitment, and retention of case workers
- training mandated reporters
- developing information to improve public understanding
of CPS, and the nature of reporting child maltreatment
- collaborations between agencies to provide prevention
and treatment services and for referrals to address health, mental health, and
development evaluations for abused and neglected children
- collaboration between CPS and juvenile justice
system
Basic State Grants/Eligibility Requirements:
adds requirement for:
- notice to HHS of any significant change in activities
which may differ from state grant application
- procedures (“including appropriate referrals” to CPS) to
address needs of infants born “affected by illegal substance abuse or
withdrawal symptoms resulting from prenatal drug exposure,” with requirement
that hospital notify CPS, with caveat that notification does not establish a
definition under federal law of what constitutes child abuse, or require
“prosecution for any illegal action;” and development of a plan of “safe care”
for the infant
- “triage procedures” for referral of a child not at risk
of imminent harm to preventive services
- disclosure of information to those in federal, state or
local governmental agencies needing information to “carry out its
responsibilities under law to protect children from abuse and neglect”
§
appropriate training for guardians-ad-litem and CASAs
- provisions that caseworker, “at initial time of contact
with individual subject to child abuse and neglect investigation,” must advise
of the allegations made against the individual, consistent with protecting
rights of the informant
- provisions to train CPS workers regarding legal duties
to protect rights and safety of children and their families from time of
initial contact at investigation through treatment
- provisions for improving training, retention and
supervision of caseworkers
- procedures for criminal record checks for prospective
foster and adoptive parents and other adults in the household
- provision for referral of a child under age 3, in a
substantiated case of abuse or neglect, to early intervention services funded
under IDEA Part C
Basic State Grants/Open Courts: allows state
flexibility to determine policies for open court proceedings in child abuse and
neglect cases, “except that such policies shall, at a minimum, ensure the safety
and well-being of the child, parents, and families.”
Basic State Grants/Citizen Review Panels:
adds to panel responsibilities 1)review of CPS “practices” as well as policies
and procedures; 2) public comment on impact of CPS procedures and practices, and
3) recommendations to improve state and local CPS
Also, requires HHS to conduct a study of the effectiveness
of citizen review panels, and report on citizen review panel activities
Basic State Grants/NCANDS: includes numbers
of children under CPS care transferred to juvenile justice system
Children’s Justice Act: adds eligibility for
funds to be used to improve handling of abuse and neglect cases of children with
disabilities or serious health problems
Serving Non-English Speaking Families: sense
of Congress that organizations with CAPTA funds must ensure services and
materials provided in a language other than English
CAPTA Report: requires states to annually
report to HHS how CAPTA funds were used alone or in combination with other
federal funds to address the purposes and achieve the objectives of CAPTA
Authorization of Appropriations: authorizes
$120 million in FY 2004 for state grants and discretionary grants combined, with
such sums each year thereafter through FY 2008
Title II: Community-Based Grants for the
Prevention
of Child Abuse and Neglect
Title: title changed from “Community-Based
Family Resource and Support” to “Community-Based Grants for the Prevention of
Child Abuse and Neglect”
Purpose: restates purpose of Title II to
focus on developing “initiatives aimed at the prevention of child abuse and
neglect” rather than “a network of…programs that coordinate resources”
[throughout Title II the references to statewide networks are replaced by
community-based and prevention focused activities; elsewhere references to
“family resource and support program” are replaced by “programs and activities
designed to strengthen and support families and prevent child abuse and neglect
(through networks where appropriate)”
Authority: restates purpose of grants to be
for developing “community-based and prevention focused programs and activities
designed to strengthen and support families to prevent child abuse and neglect,”
rather than “statewide networks…of resource and support programs”
Purpose of Grants: deletes decreasing risk
of homelessness, and adds “commitment to meaningful parent leadership”
Eligibility: adds “parents with
disabilities” to individuals required to be involved in partnerships for
planning and implementation of preventive services
Application: requires state applicant to
provide an inventory of unmet needs and current programs for preventing child
abuse and neglect
Local Program Requirements: adds “voluntary
home visiting” to respite care services identified as “other core services” to
be provided “to the extent practicable,” along with initial core services such
as parent education, mutual support, self help, outreach and referral services.
Performance Measures:
- deletes reference to report on “establishment of
respite care and other specific family resource services, and the expansion of
existing services” and replaces with report on how unmet needs identified by
the inventory have been addressed
- adds reference to “parents with disabilities” in
reporting on families served
Definitions:
- updates definition of “children with disabilities” to
conform with IDEA definition
- replaces definition of “family resource and support
program” and “outreach services” with definition of “community-based and
prevention focused programs and activities to prevent child abuse and neglect”
as follows:
“organizations such as family resource
programs, family support programs, voluntary home visiting program,
respite care programs, parenting education, mutual support programs, and
other community programs or networks of such programs that provide
activities that are designed to prevent or respond to child abuse
and neglect”
Authorization of Appropriations: authorizes
$80 million for FY 2003 and such sums each year thereafter through FY 2008