Public Policy

Prevention and Protection expanded in new
Child Abuse Prevention and Treatment Act

The legislation includes enhancing language to the GAL (guardian ad litem) mandate that National CASA has proposed for several years – namely that the GAL, who may be an attorney or a CASA, has “training appropriate to the role”. Additionally, the bill specifies that CASA training is an appropriate activity for CAPTA State funding. National CASA is grateful to Senators Patty Murray (D-WA), Judd Gregg (R-MH) and Mike DeWine (R-OH) for assuring the language was included in the Committee mark-up in each of the past two years.

Howard Davidson, J.D., Director of the ABA Center on Children and the Law, notes that prior to CAPTA thirty years ago, many states did not require the appointment of a GAL in abuse or neglect cases. When enacted, CAPTA provided funding to states that met certain eligibility criteria, which included the appointment of a GAL in all dependency proceedings. That grant condition resulted in nearly all states imposing this requirement in their state law.

The newly-reauthorized CAPTA includes even more state grant eligibility requirements, which take effect immediately.
 

• A compromise between the Senate and House is a requirement for hospitals to notify CPS of all children born drug-impacted or exhibiting withdrawal symptoms, and for CPS to develop a plan of “safe care” for each reported infant.
   
• CPS must have procedures in place for referrals of every substantiated child victim under age three to the “early intervention services” provided for in Part C of the Individuals with Disabilities Education Act (IDEA). Part C is a $400 million federal program available for evaluation and treatment services.
   
• Confidentiality restrictions have been eased up slightly to assure sharing of necessary information. CPS is required to disclose information to other government entities, or their agents, who have a need for such information in order to fulfill their responsibilities under law.
   
• Public access to child protective court proceedings is now allowed, when consistent with state policies, and does not risk the “safety and well-being of the child, parents and families.” Formerly, CAPTA’s rules on confidentiality precluded open court sessions, even though nearly half of the states constitutionally allow for open courts, according to Tom Birch of the National Child Abuse Coalition.
   
• States will now be required to conduct criminal background record checks for all adults residing in prospective foster and adoptive households. States have until June 2005 to comply with this provision.
   

Parental rights are addressed in new provisions. CPS caseworkers are required to inform parents of allegations made against them at the initial point of contact, without jeopardizing reporter’s anonymity. CPS caseworkers should receive training on their legal duties, as well as protecting parents’ rights and children’s safety, from initial contact, through investigation and treatment.

The full version of the Keeping Families and Safe Act can be viewed at http://thomas.loc.gov/cgi-bin/query/C?c108:./temp/~c108D1tBIw

M. Carmela Welte
Deputy Chief Executive Officer