Child Abuse Prevention and Treatment Act
The Child Abuse Prevention and Treatment Act (Public Law 93-247) provides federal funding to States in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations for demonstration programs and projects. Additionally, CAPTA identifies the Federal role in supporting research, evaluation, technical assistance, and data collection activities; establishes the Office on Child Abuse and Neglect; and mandates the National Clearinghouse on Child Abuse and Neglect Information. CAPTA also sets forth a minimum definition of child abuse and neglect.
The key Federal legislation addressing child abuse and neglect is the Child Abuse Prevention and Treatment Act (CAPTA), originally enacted in 1974 (Public Law 93-247). This Act was amended several times and was most recently amended and reauthorized on December 20, 2010, by the CAPTA Reauthorization Act of 2010.
The complete text of the law is listed under U.S. Code title 42, chapter 67 and can be seen here since it is lengthy. A booklet presenting CAPTA as amended by the Keeping Children and Families Safe Act of 2003, including the Adoption Opportunities program and Abandoned Infants Assistance Act, as amended, is available on the Children's Bureau website.
Summary of Legislative History
The Child Abuse Prevention and Treatment Act (CAPTA) was originally enacted in Public Law 93-247. The law was completely rewritten in the Child Abuse Prevention, Adoption and Family Services Act of 1988 (Public Law 100-294). It was further amended by the Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 (P.L. 101-126 and the Drug Free School Amendments of 1989 (Public Law 101-226).
The Community-Based Child Abuse and Neglect Prevention Grants program was originally authorized by sections 402 through 409 of the Continuing Appropriations Act for Fiscal Year 1985 (Public Law 98-473). The Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 (Public Law 101-126) transferred this program to the Child Abuse Prevention and Treatment Act, as it was amended.
A new Title III, Certain Preventive Services Regarding Children of Homeless Families or Families at Risk of Homelessness, was added to the Child Abuse and Neglecand Treatment Act by the Stewart B. McKinney Homeless Assistance Act Amendments of 1990 (Public Law 101-645).
The Child Abuse Prevention and Treatment Act was amended and reauthorized by the Child Abuse, Domestic Violence Adoption and Family Services Act of 1992 (Public Law 102-295), and amended by the Juvenile Justice and Delinquency Prevention Act Amendments of 1992 (Public Law 102-586).
The Act was amended by the Older American Act Technical Amendments of 1993 (P.L. 103-171, 12/2/93) and the Human Services Amendments of 1994 (P.L. 103-252, 5/19/94). t Prevention CAPTA was further amended by the Child Abuse Prevention and Treatment Act Amendments of 1996 (P.L. 104-235, 10/3/96), which amended Title I, replaced the Title II Community-Based Family Resource Centers program with a new Community-Based Family Resource and Support Program and repealed Title III, Certain Preventive Services Regarding Children of Homeless Families or Families at Risk of Homelessness.
CAPTA was most recently amended by the Keeping Children and Families Safe Act of 2003 (P.L. 108-36, 6/25/03), which amended Title I and replaced Title II, Community-Based Family Resource and Support Program with Community-Based Grants for the Prevention of Child Abuse and Neglect.
CAPTA was reauthorized in 2010 as the Child Abuse Prevention and Treatment Act of 2010 (P.L. 111-320)
- subpoena duces tecum
- subpoena ad testificandum
- Landeros v. Flood
- UN Convention on the Rights of the Child
CAPTA was Amended in 1995 such that federal authorization for Absolute Immunity for Mandated Reporters no longer exists. See http://www.jdsupra.com/post/documentViewer.aspx?fid=340f4da3-d8b2-4ade-9f3b-e7031f47da7c also see http://www.jdsupra.com/post/documentViewer.aspx?fid=c644a29e-e67d-40d6-91be-2fdea5312672
- U.S. D.H.H.S. Administration for Children and Families
- Library of Congress - Public law 93-247
- American Family Rights Association - Critics of CPS abuses.
- Fighting Child Protective Services False Accusations
- Foster Care Abuse Network
- 42 U.S. Code Chapter 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM | US Law | LII / Legal Information Institute
- Definitions of Child Abuse and Neglect in Federal Law U.S. Department of Health and Human Services