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Child Welfare Policy Manual

Also see “Components of a Caseworker File

From Administration for Children & Families:  http://www.acf.hhs.gov/j2ee/programs/cb/laws_policies/laws/cwpm/index.jsp?idFlag=0http://www.acf.hhs.gov/j2ee/programs/cb/laws_policies/laws/cwpm/index.jsp?idFlag=0

This manual replaces the Children's Bureau's former policy issuance system. This Child Welfare Policy Manual updates and reformats all of the existing relevant policy issuances (Policy Announcements and Policy Interpretation Questions) into an easy to use question and answer format. This manual is broken down into nine main policy areas (with detailed subsections): AFCARS, CAPTA, Independent Living, MEPA/IEAP, Monitoring, SACWIS, Title IV-B, Title IV-E, Tribes/Indian Tribal Organizations. Future policy guidance will be disseminated in this format and announced as "Updates!" to the manual. This web-based manual ensures that the most current policy information is available to the States in the quickest and most accurate way. All questions/comments should be directed to the ACF Regional Offices.

Click here to see or print either the full table of contents, or the table of contents for just one section.

Table of Contents (full text)
1. AFCARS
2. CAPTA
3. INDEPENDENT LIVING
4. MEPA/IEAP
5. MONITORING
6. SACWIS
7. TITLE IV-B
8. TITLE IV-E
9. TRIBES/INDIAN TRIBAL ORGANIZATIONS

User's Guide
Withdrawn Child Welfare Policies
References
Print the Manual
Additions to the Manual
Deletions to the Manual
Modifications to the Manual
Cumulative Change History of Questions & Answers

 

1.2B.3  AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Episode and removal circumstances

 

4. Please clarify the meaning of the terms removal, placement, episode, and discharge.

 

Answer:  A Removal is either the physical act of a child being taken from his or her normal place of residence, by court order or a voluntary placement agreement and placed in a substitute care setting, or the removal of custody from the parent or relative guardian pursuant to a court order or voluntary placement agreement which permits the child to remain in a substitute care setting. Placement occurs after removal and is the physical setting in which a child finds himself or herself, that is, the resultant foster care setting. A new Placement setting results when the foster care setting changes, for example, when a child moves from one foster family home to another or to a group home or institution. An Episode is a removal with one or more placement settings. A previous episode is one that has been completed by a discharge. A current episode is a removal and one or more placement settings without a discharge. A Discharge represents that point in time when the child is no longer in foster care under the care and responsibility or supervision of the State agency. For AFCARS purposes, situations in which the State retains supervision of a child and the child returns home on a trial basis, for an unspecified period of time, are considered a discharge from foster care after a six month period. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral III, Questions A and B. Also see: Appendix D, Detailed Foster Care, Element Numbers 18, 20, and 23.))

Source:  ACYF-CB-PIQ-94-01 (7/8/94); Final Rule (65 FR 4020) (1/25/00)

Legal Reference:  Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

 

 

Search Results

1.1 AFCARS, Compliance and Penalties

 

1.   How are the penalties calculated for a submission (e.g., the 90% accuracy requirement)?   (Deleted 07/05/2002)

 

 

1.2 AFCARS, Data Elements and Definitions

 

1.   What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults?

 

 

1.2A AFCARS, Data Elements and Definitions, Adoption Specific Elements

 

1.   In terms of reporting adoptions it is not clear whether States are required to submit data on adoptions for which an agency may have limited involvement, such as only performing a home study. The agency's data on these adoptions may be very limited. Does the Department want information on such adoptions submitted to AFCARS?

 

2.   What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults?

 

 

1.2A.1 AFCARS, Data Elements and Definitions, Adoption Specific Elements, Adoptive parents

 

1.   What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults?

 

 

1.2A.2 AFCARS, Data Elements and Definitions, Adoption Specific Elements, Birth parents

 

1.   When an adoption is dissolved and the child is then re-adopted, should the State submit the information on the first adoptive (legal) parents or the birth parents?

 

2.   What if a State has information on both the legal as well as one or more putative fathers? For whom should information be provided?

 

 

1.2A.3 AFCARS, Data Elements and Definitions, Adoption Specific Elements, Child's demographics

 

1.   AFCARS reporting requires all data submissions to be in numeric format, however, the data element definitions, both for foster care and adoption, indicate the use of the U.S. Postal Service's two letter State abbreviation. What should be used?

 

2.   What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults?

 

 

1.2B AFCARS, Data Elements and Definitions, Foster Care Specific Elements

 

1.   What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults?

 

 

1.2B.1 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Case plan goal

 

1.   Some States require that parental rights must be terminated before a child's case plan can reflect a goal of adoption. What should be indicated as a goal, if this is a State's policy?

 

2.   If a child's case plan goal is Independent Living how is it indicated on the AFCARS questionnaire?

 

 

1.2B.2 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Child's demographics

 

1.   What if a parent refuses to disclose whether or not a child has been previously adopted?

 

2.   AFCARS requires race/ethnicity information on all children. But if a child is identified as Hispanic, what information is entered for the race question?

 

3.   Should the FIPS code be that of the child's place of residence or that of the agency responsible for the case?

 

4.   AFCARS reporting requires all data submissions to be in numeric format, however, the data element definitions, both for foster care and adoption, indicate the use of the U.S. Postal Service's two letter State abbreviation. What should be used?

 

5.   In the AFCARS regulation at section 1355.40 (b)(2) there is a reference to the most recent date of a periodic review (either administrative or court) being entered for children who have been in foster care for nine months or more and other references indicate seven months. Is this a typographical error?

 

6.   What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults?

 

 

1.2B.3 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Episode and removal circumstances

 

1.   Following a trial home visit which extends beyond six months and where the child is considered "discharged," what happens if the child returns to a group home? Is this a new placement, a new episode, or an entirely new removal?

 

2.   If a child is removed from a home in which a sibling was alleged to have been abused, but the child being removed from the home was not abused, should physical abuse (alleged/reported) be marked as a condition associated with the child's removal?

 

3.   What if the only reason for a child's removal from home is mental abuse? How do you code this for AFCARS?

 

4.   Please clarify the meaning of the terms removal, placement, episode, and discharge.

 

5.   Does the definition of Neglect include cases of failure to provide supervision (non-supervision)?

 

6.   For both of the computer-generated transaction dates: should the date be generated on the date that the data was first entered or the date that the data was last updated?

 

7.   For a child who is in and out of the foster care system over a period of several years, what does the State report for foster care element 18 "Date of first removal from home" if it does not have the date of the first removal?

 

8.   A State title IV-E agency has an agreement in effect pursuant to section 472(a)(2)(B)(ii) of the Social Security Act with the State juvenile justice agency. As such, the State reports to AFCARS children who are in the placement and care responsibility of the State juvenile justice agency and receiving title IV-E foster care maintenance payments in a foster family home or child care institution. When such a child is no longer receiving title IV-E foster care maintenance payments because the child is placed in an unallowable facility (e.g., in detention), should the State stop reporting the child to AFCARS?

 

 

1.2B.4 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Financial elements

 

1.   Should a State report that a child is eligible for, but not actually receiving title IV-E foster care maintenance payments in foster care element 59, "Sources of Federal Financial Support/Assistance for Child?"

 

 

1.2B.5 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Foster family home

 

1.   What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults?

 

 

1.2B.6 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Outcome information

 

1.   Some States do not capture information about outcomes except when the children not only are discharged from agency custody, but also the case is closed and the agency is no longer providing any type of services to the family. If this is the case for a particular State, how will penalties be assessed for lack of information?   (Deleted 07/05/2002)

 

 

1.2B.7 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Placements

 

1.   How does a State code a record where the status of the placement changes? For example, if a child is in a foster family home placement setting and that family decides to adopt the child, thus becoming a pre-adoptive home placement setting, how do States record the placement setting, the date of placement, and the number of placements?

 

2.   The internal consistency check for date of placement in current foster care setting states that it must be later than the date of latest removal from home. Can't it also be equal to the date of latest removal?

 

3.   If a child is on a trial home visit or has run away as of the end of the reporting period, what is to be reported in the "Date of placement in current foster care setting" field?   (Deleted 07/05/2002)

 

4.   How do States indicate emergency shelter care - as "institution" or "group home?"

 

5.   Please provide a more inclusive definition of Pre-Adoptive Home, Foster Family Home (Non-Relative), Institution and Trial Home Visit.

 

6.   "Group homes" as they are called in some States may more closely match the AFCARS definition of "institutions" by their size, so the data reported may look like the State has foster homes and institutions as placements, and nothing much else. Won't this be a problem?

 

7.   Please clarify the meaning of the terms removal, placement, episode, and discharge.

 

8.   For AFCARS reporting purposes what information is entered for a child who returns to a placement setting different than the placement setting from which he/she ran away or left for a trial home visit?

 

9.   Why are trial home visits (which count as placements for element 41 and may last up to 6 months or more) not counted as placements for element 24 - number of placements?

 

10.   "Runaway" is an option for a child's "Current Placement Setting"; should it be counted when calculating the answer to, "Number of Previous Placements During This Removal Episode"?

 

11.   For AFCARS reporting purposes what information is entered for a child who returns to the same placement setting from which he/she ran away or left for a trial home visit?

 

12.   The data element, "Number of Previous Placement Settings During This Removal Episode" clearly indictes previous placement settings; however, the definition in the regulation says to include the current placement setting in this count. This seems to be contradictory. Which is correct?

 

13.   Mental health institutions and jails are not normally considered to be the same type of facility. Some States expressed concern with counting them as the same for AFCARS. Why are they counted all the same as "institutions?"

 

14.   If a child goes home on a regular basis (e.g., the child is placed in an institution, but goes home to his or her family on weekends), is this considered two placements each week?   (Deleted 07/05/2002)

 

15.   Occasionally a child may be placed in the home of a neighbor or family friend who is in the process of being licensed but is not licensed at the end of the reporting period. In this case, how should that placement setting be coded?

 

16.   How are children in shelter care indicated on the AFCARS questionnaire?   (Deleted 07/05/2002)

 

17.   If the provider changes status (e.g. was a county service foster home and changes to a child placement service) and the child remains with the same family is this 1 placement setting or 2 placement settings?

 

18.   If a child is in a foster family home and then goes to a different foster family home, is this one placement or two placements?

 

19.   If a foster family moves to another city or county or State, is the move considered to be a new placement for the child living with the family?

 

20.   The AFCARS definition of "institution" seems different from the definition used for IV-E and adoption programs. Why?

 

21.   How should the State count brief periods spent away from the child's foster care provider in foster care element 24, " Number of previous placement settings during the removal episode"?

 

22.   How should a State count a child's placement back into a previous foster home in foster care element 24, "Number of previous placement settings during the removal episode"? Should a State only increase the number of previous placement settings if the child is placed in a foster care setting in which he has not been placed before?

 

23.   If a child is on a trial home visit or has run away how should the State report this child in AFCARS?

 

24.   Should a State report in AFCARS a child who is under the placement and care responsibility of the State title IV-B/IV-E agency but who has not yet been placed in a foster care setting because the child ran away prior to placement?

 

25.   If a child in foster care moves within a child care institution at a single location (e.g., from one building, dorm, cottage, or wing to another within the institution) should a State report this to AFCARS as a change in placement? Is it relevant whether the child is moving within the institution because of a change in the level of care necessary?

 

 

1.2B.8 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Principal caretaker

 

1.   When an adoption is dissolved and the child is then re-adopted, should the State submit the information on the first adoptive (legal) parents or the birth parents?

 

2.   What if a State has information on both the legal as well as one or more putative fathers? For whom should information be provided?

 

3.   If a child's principal caretakers are a same sex couple how is it indicated for AFCARS reporting?

 

 

1.3 AFCARS, Reporting Population

 

1.   Please clarify the definition of the AFCARS foster care reporting population, that is, the children States are to submit AFCARS data on.

 

2.   Should children who are still receiving funding from the State agency be reported on in AFCARS even if they are age 18 or over?

 

3.   Are past placement histories to be included or only current active cases?

 

4.   Do States report on the children in State custody even though the State has no placement or financial responsibility?

 

5.   Do States report on children whose care is in the control of tribal courts?

 

6.   What guidelines or qualifiers, if any, exist as to the inclusion of American Indian children in the AFCARS reporting population?

 

7.   Do States report on children in private agency care?

 

8.   What is the relationship between State and tribal organizations to access client data, especially non-IV-E funded clients?

 

9.   What agency submits data on adoption for children placed out of State (i.e., cooperative placement agreements)?

 

10.   Under what circumstances, if any, should children in emergency care be included in the AFCARS reporting population?

 

11.   Are children at home (i.e., trial home visits) to be included in the AFCARS reporting population?

 

12.   Are children in juvenile justice facilities included in AFCARS reporting?

 

13.   What if a child in care is known to two different State agencies? Which agency should report on the child?

 

14.   If the State has placement and financial payment responsibility for some children, but the State does not have custody, do we report them?

 

 

1.4 AFCARS, Technical Requirements

 

1.   For programming purposes, are "6 months" and "180 days" supposed to be literally the same? Automated systems must be programmed precisely as to what date to use.

 

2.   What links are States to maintain between children in the AFCARS foster care data transmission and the AFCARS adoption data transmission? If the State uses encrypted numbers, the child's number will appear the same on both the foster care and the adoption reports. Does this violate confidentiality?

 

 

2.1 CAPTA, Assurances and Requirements

 

1.   Must the policies that are the subject of the CAPTA assurances, be embodied in State statutes?

 

2.   Does the Administration on Children, Youth and Families (ACYF) intend to do in-depth reviews of State statutes and policies to determine State eligibility under the CAPTA Amendments of 1996?

 

 

2.1A.1 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Confidentiality

 

1.   What are the Child Abuse Prevention and Treatment Act (CAPTA) confidentiality requirements?

 

2.   Would legislation that protects the identity of the reporter, but would otherwise open child abuse and neglect reports and records to the public, meet the confidentiality provisions in section 106 (b)(2)(A)(viii) of the Child Abuse Prevention and Treatment Act (CAPTA)?

 

3.   Do States have the authority to release otherwise confidential child abuse and neglect information to researchers for the purpose of child abuse and neglect research?

 

4.   The confidentiality provision at section 106(b)(2)(A)(viii) of the Child Abuse Prevention and Treatment Act (CAPTA) requires that States have a State law or operate a statewide program that includes methods to preserve the confidentiality of all child abuse and neglect records and reports and provides for exceptions in certain circumstances. The statutory language states that such records "shall only be made available to" a specified list of persons and entities. Are States required to disclose child abuse and neglect records to the persons and entities enumerated in subsections (I)-(VI) under section (viii)?

 

5.   Is there a prohibition against redisclosure of confidential child abuse and neglect information?

 

6.   Will States compromise compliance with titles IV-B and IV-E of the Social Security Act if they comply with the confidentiality requirements in sections 106 (b)(2)(v) and (vi) of CAPTA?

 

7.   Do the confidentiality requirements in the Child Abuse Prevention and Treatment Act apply to the members of citizen review panels?

 

8.   Is it permissible under the Child Abuse Prevention and Treatment Act (CAPTA) for the State to disclose to the public information in the child abuse and neglect record that does not pertain to the case of child abuse and neglect that results in a child fatality or near fatality?

 

 

2.1A.2 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Expungement

 

1.   How will States be able to determine whether a pattern of abuse or neglect exists if unsubstantiated records must be expunged? While the statute allows these records to be kept in casework files, if the files are not maintained in a central location, previous unsubstantiated report(s) may go undetected if a subsequent report comes into another office, or even another worker.

 

2.   How does the CAPTA expungement requirement affect States that have a three-tier system which includes a middle category that indicates a reasonable basis for concern?

 

 

2.1A.3 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Open courts

 

1.   Would there be a conflict with the Child Abuse Prevention and Treatment Act (CAPTA) confidentiality requirements if a State chooses to open proceedings relating to child abuse and neglect to the public?

 

2.   Some States have enacted laws that allow open courts for juvenile protection proceedings, including child in need of protection or services hearings, termination of parental rights hearings, long-term foster care hearings and in courts where dependency petitions are heard. Questions have arisen about whether courts that are open to the public and allow a verbal exchange of confidential information meet the confidentiality requirements under CAPTA. Do the confidentiality provisions in CAPTA restrict the information that can be discussed in open court?   (Deleted 04/17/2006)

 

3.   How widely should the "open courts" provision in the last paragraph of section 106(b)(2) of the Child Abuse Prevention and Treatment Act (CAPTA) be applied considering the "open courts" provision in title IV-E of the Social Security Act?

 

 

2.1A.4 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Public disclosure

 

1.   Section 106(b)92)(A)(x) of CAPTA requires States to provide for the public disclosure of findings or information about a case of child abuse or neglect which results in a child fatality or near fatality. For the purposes of this requirement, what is considered a "near fatality"?

 

2.   The requirement for public disclosure states that "findings or information" about a case must be disclosed. Does this mean that States have the option to disclose either the findings of the case, or information which may be general in nature and address such things as practice issues rather than provide case-specific information?

 

3.   One State has child fatality review panels that are charged with the review and evaluation of child fatalities and near fatalities in the State. In this process, they evaluate the extent to which the agency is effectively discharging its child protection responsibilities. The child fatality review panels publish an annual report that includes information, findings and recommendations on each case, and this report is made public. Would this process meet the requirement in section 106(b)(2)(A)(x) for public disclosure of findings or information about cases of child abuse or neglect that result in child fatality or near fatality?

 

4.   Section 106(b)(2)(A)(x) of the Child Abuse Prevention and Treatment Act (CAPTA) requires a State to provide an assurance that it will have provisions which "allow" for public disclosure in the case of child abuse or neglect that results in a child fatality or near fatality. Section 2.1A.1, Q/A #1 of the Child Welfare Policy Manual (CWPM) "requires" public disclosure in such cases. Does a State have the option of disclosing information on these child fatalities and near fatalities, for example, when full disclosure may be contrary to the best interests of the child, the child's siblings, or other children in the household?

 

5.   Section 106(b)(2)(A)(x) of the Child Abuse Prevention and Treatment Act (CAPTA) requires a State to have provisions that allow for public disclosure of the findings or information about the case of child abuse or neglect that results in a child's fatality or near fatality. Is the State required to turn over all of the information in the entire case record, when requested

 

6.   In a case of child abuse or neglect that results in a child fatality or near fatality, is the State required by Federal law to disclose to the public personal information about the child, including name, date of birth and date of death?

 

7.   In a case of child abuse or neglect that results in a child fatality or near fatality, is the State required to provide information on the child's siblings, or other children in the household?

 

 

2.1B CAPTA, Assurances and Requirements, Appeals

 

1.   Please explain the requirements in the Child Abuse Prevention and Treatment Act (CAPTA) for appealing findings of child abuse or neglect.

 

2.   To whom does the appeals process under section 106(b)(2)(xi)(II) 106(b)(2)(A)(xv)(II) apply?

 

3.   The Department has stated that an appeals process under CAPTA should include steps to assure that individuals with appeal rights receive timely notification of the right to appeal a finding of child abuse and neglect. What is considered timely notification (e.g., at the time individuals come to the attention of the agency or after the finding of abuse and/or neglect)?

 

4.   Must States set up an administrative appeals process if they do not maintain a central registry?

 

 

2.1C CAPTA, Assurances and Requirements, Expedited Termination of Parental Rights

 

1.   The provision at section 106(b)(2)(A)(xv)(II) of CAPTA requires that States provide for expedited termination of parental rights for abandoned infants. What is considered "expedited" for this purpose?

 

 

2.1D CAPTA, Assurances and Requirements, Guardian Ad Litems

 

1.   What is the meaning of the requirement in section 106 (b)(2)(ix) of CAPTA for guardians ad litem, including the requirement that they obtain a first-hand understanding of the situation and needs of the child?

 

2.   The Child Abuse Prevention and Treatment Act (CAPTA) provision at section 106(b)(2)(A)(xiii) requires that attorneys or court-appointed special advocates who are appointed as guardians ad litem (GAL) receive training appropriate to their role. What are the minimum conditions for this requirement?

 

 

2.1E CAPTA, Assurances and Requirements, Reunification

 

1.   If a State does not "require" reunification, in general, must it do anything further regarding the mandate in section 106(b)(2)(A)(xvi) which requires that provisions, procedures, and mechanisms be implemented to assure that the State does not require reunification with a parent who has been convicted of murder, manslaughter or felonious assault of a child?

 

2.   Section 106(b)(A)(xvi) of CAPTA requires that provisions, procedures, and mechanisms be implemented to assure that a State does not require reunification with a parent who has been convicted of certain felonious acts. On the other hand, the Indian Child Welfare Act (ICWA) requires that "any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under State law shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have been unsuccessful" (section 102 (d)). Does a conflict exist between the two statutes?

 

3.   Does section 106 (b)(2)(A)(xvii) of CAPTA, which requires States to have provisions for termination of parental rights in cases where a parent has been convicted of murder, manslaughter or felonious assault of a child, mean that children cannot be reunified with a parent that has committed such a crime?

 

 

2.1F CAPTA, Assurances and Requirements, Infants Affected by Illegal Substance Abuse

 

1.   We understand section 106(b)(2)(A)(ii) of the Child Abuse Prevention and Treatment Act (CAPTA) to mean that health care providers must notify Child Protective Services (CPS) of all infants born and identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. We do not believe that this provision requires the health care provider to refer such children and families to CPS as a report of suspected child abuse or neglect. Is this interpretation accurate?

 

2.   If drug-exposure is not defined as child abuse or neglect in the State's reporting statute, are health care providers still required to "notify" child protective services under section 106(b)(2)(A)(ii) of the Child Abuse Prevention and Treatment Act (CAPTA)?

 

3.   The Child Abuse Prevention and Treatment Act (CAPTA) provision at section 106(b)(2)(A)(ii) requires States to adopt policies and procedures to address the needs of infants identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. Does this requirement include an infant who is affected by prenatal exposure to alcohol?

 

 

2.1F.1 CAPTA, Assurances and Requirements, Infants Affected by Illegal Substance Abuse, Plan of Safe Care

 

1.   Which agency is responsible for developing the plan of safe care and what is a plan of safe care, as required by section 106(b)(2)(A)(iii) of the Child Abuse Prevention and Treatment Act (CAPTA)?

 

 

2.1G CAPTA, Assurances and Requirements, Triage

 

1.   Section 106(b)(2)(A)(v) of the Child Abuse Prevention and Treatment Act (CAPTA) requires the State to have triage procedures for the appropriate referral of a child not at risk of imminent harm to a community organization or voluntary protective service. At what point must the State Child Protective Services (CPS) agency refer a child – at the point there is a report of abuse or neglect on a child; at the point the child is screened out of CPS; or after the results of the investigation determine that there is no imminent risk of harm to the child?

 

2.   What is the expected scope of public outreach the citizen review panels are supposed to undertake per the Child Abuse Prevention and Treatment Act (CAPTA) provision at section 106(c)(4)(C)? In one State, one panel is interested in surveying foster parents while another is interested in surveying some of their local community service providers. Is either of these too narrow?

 

 

2.1H CAPTA, Assurances and Requirements, Notification of Allegations

 

1.   The provision at section 106(b)(2)(A)(xviii) of the Child Abuse Prevention and Treatment Act (CAPTA) requires the State to have provisions or procedures to advise the individual subject to a child abuse or neglect investigation of the complaints or allegations made against him or her at the time of the initial contact. Would a State be out of compliance with CAPTA if it implemented a rule to specify that "initial contact" in the CAPTA provision at section 106(b)(2)(A)(xviii) meant "face-to-face" contact only?

 

2.   The provision at section 106(b)(2)(A)(xviii) of the Child Abuse Prevention and Treatment Act (CAPTA) requires the State to have provisions or procedures to advise the individual subject to a child abuse or neglect investigation of the complaints or allegations made against him or her at the time of the initial contact. One State employs an alternative response system, which is a non-adversarial approach to assess low- and moderate-risk level reports of child abuse and neglect. Does the Federal requirement at section 106(b)(2)(A)(xviii) of CAPTA apply only to child maltreatment investigations or does it also apply to child maltreatment alternative response assessments?

 

3.   The provision at section 106(b)(2)(A)(xviii) of the Child Abuse Prevention and Treatment Act (CAPTA) requires the State to have provisions or procedures to advise the individual subject to a child abuse or neglect investigation of the complaints or allegations made against him or her at the time of the initial contact. Would a State be out of compliance with CAPTA if it provided notification only to parents who have an allegation of child abuse or neglect?

 

 

2.1I CAPTA, Assurances and Requirements, Referrals to IDEA, Part C

 

1.   Must a State refer every child under the age of three in a substantiated case of child abuse or neglect to the Individuals with Disabilities Education Act (IDEA) Part C agency, or may the State first screen these children to determine whether such a referral is needed?

 

2.   Can the provision at section 106(b)(2)(A)(xxi) of the Child Abuse Prevention and Treatment Act (CAPTA), which requires referral of a child under the age of three who is involved in a substantiated case of child abuse or neglect to early intervention services, be read to mean that children who are wards of the State must be so referred?

 

3.   Does the "child" as mentioned in section 106(b)(2)(A)(xxi) of the Child Abuse Prevention and Treatment Act (CAPTA) include only those children under the age of three who are involved in a substantiated case of child abuse or neglect or does this include any child in the family or household who is under the age of three?

 

 

2.1J CAPTA, Assurances and Requirements, Criminal Background Checks

 

1.   Are fingerprints required as part of the criminal background check requirement in section 106(b)(2)(A)(xxii) of CAPTA?

 

2.   Does the requirement at section 106(b)(2)(A)(xxii) of the Child Abuse Prevention and Treatment Act (CAPTA) for criminal background checks for prospective foster and adoptive parents and other adults living in the household apply if no title IV-E foster care or adoption assistance payments are made?

 

 

2.2 CAPTA, Citizen Review Panels

 

1.   How will States know how many citizen review panels they must establish to meet the requirements of section 106(c)(1)(A)-(B) since that number is dependent upon the amount of funds received by the State under the Community-Based Grants for the Prevention of Child Abuse and Neglect Program under Title II of CAPTA?

 

2.   Do States have the flexibility to determine how to implement the citizen review panels requirement in section 106(b)(2)(xiv) of CAPTA?

 

3.   What are the functions that citizen review panels must perform?

 

4.   Section 106 (c)(5) of CAPTA requires States to provide citizen review panels with access to information on cases that the panel wants to review "if such information is necessary for the panel to carry out its functions". Who determines what confidential information is necessary for these functions?

 

5.   Do the confidentiality requirements in the Child Abuse Prevention and Treatment Act apply to the members of citizen review panels?

 

6.   Must a State include families who are involved with the Child Protective Services (CPS) agency as members of its citizen review panels?

 

 

2.3 CAPTA, Definitions

 

1.   We find the "rape" and "statutory rape" language in the definition of sexual abuse found at section 111 (4)(B) of CAPTA confusing, especially within the context of the general definition of child abuse and neglect at section 111 (2). Please clarify.

 

2.   Definitions are found in sections 106 (b)(4), as well as in sections 111 (2) and (4). What is the difference between the definitions found in these sections?

 

3.   Section 106(b)(2)(A)(x) of CAPTA requires a State to provide for the public disclosure of findings or information about a case of child abuse or neglect which results in a child fatality or near fatality. For the purposes of this requirement, what is considered a "near fatality"?

 

 

3. INDEPENDENT LIVING

 

1.   Does title IV-E preclude a State agency from passing on to the child title IV-E funds for his use for his maintenance in an independent living program?

 

 

3.1 INDEPENDENT LIVING, Certifications and Requirements

 

1.   Will States need to make any specific changes in their legislation and policy to comply with the Chafee Foster Care Independence Program (CFCIP)?