Child Abuse Prevention and Treatment Act (CAPTA)
The key Federal legislation addressing child abuse and neglect is the Child Abuse Prevention and Treatment Act (CAPTA), originally enacted in 1974. 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.
CAPTA 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. CAPTA also sets forth a minimum definition of child abuse and neglect for states.
New Concerns: Prenatal Exposure
In addition, the 2003 amendments mandate that:
- States certify that there is operational or State legislative support for new requirements in the areas of infants who are born and determined to be affected by illegal substance abuse or withdrawal symptoms as a result of prenatal exposure;
- States have referral procedures for children at risk of imminent harm; and
- States disclose confidential information to government entities when such information is necessary for these agencies to meet their legal mandate to protect children from abuse and neglect.
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 at http://www.acf.hhs.gov/programs/cb/laws_policies/cblaws/capta03/capta_manual.pdf.
