CHILD ABUSE PREVENTION & TREATMENT ACT 1974

Child Abuse Prevention & Treatment Act 1974

Child Abuse Prevention & Treatment Act 1974

Historical background of the policy

The Child Abuse Prevention and Treatment Act (CAPTA) were originally enacted in Public Law 93-247.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). (Karen, 2008)

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II Community-Based Family Resource Centers program with a new Community-Based Family Resource and Support Program and repealed Title III, Certain Preventive Services Regarding Children of Homeless Families or Families at Risk of Homelessness.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. (Karger, 2005)

Current problems

The problem of defining and identifying child abuse complicates the matter of reporting abuse. Some people who suspect that a child is being abused may not report the situation to authorities because they are not certain if the behavior in question is considered abuse under the law. Even people who are reasonably confident that they have witnessed child abuse may be reluctant to report it. Some may not want to become involved in what they consider a private family matter. Others may believe that reporting the problem will do no good. Still others may feel that the possible outcome of reporting the matter---the separation of a child from his or her parents or guardians---is worse than the abuse that is occurring. (Macdonald, 2007)

Once child abuse is reported, state-run child protection agencies must evaluate the evidence and decide whether or not to take ...