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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key Federal Legislation addressing Child Abuse and Neglect is the Child Abuse Prevention and Treatment Act (CAPTA), originally enacted in 1974 ( Public Law 93-247 ).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 June 25 , 2003 , by the Keeping Children And Families Safe Act of 2003 ( P.L. 108-36 ).



The complete text of the law is listed under of 2003, including the Adoption Opportunities program and Abandoned Infants Assistance Act , as amended, is available on the Children's Bureau website .




DETAILS

  • Establishes a program of demonstration Grants to be used in training personnel in the field of Medicine , Law and Social Work and to support innovative projects aimed at preventing or treating Child Abuse or Neglect . Provides that not less than 50 Percent of the Funds appropriated under the Act for any Fiscal Year must be reserved for demonstration programs and projects authorized under this Act.


  • States that of the sums appropriated under the Act, not less than 5 percent and not more than 20 percent may be used for grants to the States for programs authorized by the Act.


  • Makes provisions for a State to qualify for assistance under the Act.


  • Provides authorizations for Fiscal Year s 1974 through 1977 of, respectively, $ 15,000,000; $20,000,000 $25,000,000 and $25,000,000.


  • Directs to be made a complete and full study and investigation of the national incidence of child abuse and neglect, including a determination of the extent to which incidents of child abuse and neglect are increasing in number or severity.




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The Child Abuse Prevention and Treatment Act (CAPTA) was originally enacted in Public Law 93-247 .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 Neglect Prevention and 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).

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.


CONTROVERSY


Although the intended purpose of CAPTA may seem benevolent, it is not without its opponents, and there are growing numbers who charge that abuses are being funded by it, and by other programs, such as those that fund juvenile detention and protective orders in domestic violence cases. With government funding comes corruption, and with enough funding the abuses can mount to serious levels that undo much of the intended good.

Critics charge that, in effect, the federal government pays state agencies and their personnel and contractors, to take children away from their parents, often without good reason, or even as retaliation or threats against critics and political opponents. Some have estimated that as much as $35,000 for each child whose parents' rights are terminated is divided among lawyers, judges, medical workers, social workers, and foster caregivers. That can drive some corrupt practices, and have led some to characterize some child protective systems as "rackets". There are even accusations that some such situations have been infiltrated by pedophiles who become foster caregivers with the complicity of others in the CPS system.

Remedies that have been proposed are to reduce or eliminate funding, and to require jury trials in family courts.


REFERENCE