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Running Head: CHILD ABUSE PROTECTION & TREATMENT ACT POLICY 1

CHILD ABUSE PROTECTION AND TREATMENT ACT POLICY ANALYSIS 2

Child Abuse Protection and Treatment Act Policy Analysis

Child Abuse Protection and Treatment Act Policy Analysis

I. Introduction

Basic Information about Child Abuse Prevention and Treatment Act (CAPTA)

Child Abuse Prevention and Treatment Act” (CAPTA P.L. 93-247)) was first formed by the Congress in 1974 to promote the safety of those children who become victims of neglect or abuse. In other words, it was formed to create a solitary federal focus for averting as well as responding to child abuse and neglect. This policy has since been revised in various occasions. As a stipulation of acquiring state contribution funds based on that policy, every state is needed to have measures ready for obtaining and reacting to claims of abuse or neglect and for making sure of children’s wellbeing. According to Child Welfare Information Gateway, (2019), the policy has been amended numerous times, the last time it was amended was on 20th December 2010, by the CAPTA Reauthorization Act of 2010 (P.L. 111-320).

Reasons for Selecting the Policy

There are several reasons as to why Child Abuse Prevention and Treatment Act” (CAPTA) has been selected. Among them is that, this policy addresses numerous social issues that impact health and lives of children. In other words, this policy intends to provide broad care to children who have experienced abuse as well as those who are likely to experience the issue with the inclusion of services given by different agencies; consisting of lawful, didactic, as well as mental wellbeing together with collective service organizations (McClennen, Keys, & Day, 2016). Additionally, the policy was formed to promote federal focus to averting as well as reacting to problem in America by giving funds to states as well as non-profit companies for programs handling the issue of child abuse and neglect.

Significance to Social Workers and Consumers

Child Abuse Prevention and Treatment Act” (CAPTA) is significant to social workers as well as our clients due to the fact that, it enables the social workers to assess as well as intervening where there are problems linked to child protection mainly in families. Moreover, this policy ensures the safety and protection of the clients as it ensures that, they are able to meet their basic needs without violation by promoting social support as well as paying for their basic needs (Mason, & Evans, 2020). CAPTA is of importance to the social worker due to the fact that, social workers can apply the policy to contribute in a child’s development by assisting families which experience problems or conflicts to handle them as a result it would help in preventing an instance of child abuse and neglect brought about by family conflicts.

It is important to note that, based on CAPTA, the social workers for instance can work primarily to assess as well as intervene where child protection worries might be within a family. In other words, this policy is considered significant in the sense that, it assists the consumers to stay safe free from abuse and neglect (McClennen, Keys, & Day, 2016). Based on the fact that, the roles of social workers involves representing as well as empowering the populations that are disempowered including vulnerable children, the regulation will be of significance to them since they can apply it to enhance the lives of abused and neglected children investigating allegations associated with child neglect, physical, sexual as well as emotional abuse so as to safeguard the child from harm.

II. Background and description of the Problem/Issue

Importance and Relevance of the Issue to the Development of Social Welfare Policy

As Farrell et al. (2017), denote, the aforementioned issue is grouped among the primary social problems in the United States of America. This problem appears to make children to be mistreated as they not able to acquire their basic needs. It is vital to note the significance as well as relevance in creation of social welfare policy. This is due to the fact that, social welfare policy will reduce or get rid of the issue through fulfilling the basic needs of the children by promoting social support to abused children as well as paying for their basic needs.

Nature and Scope of Problem/Issue

According to Wolf, Baiocchi, & Argüello, (2018), since 1976, when the initial nationwide statistics based on child maltreatment were established, to 1990, the data records of child abuse and maltreatment were viewed to have surged from 416,033 to 1,700,000 yearly with approximately 2,712,917 children impacted. It is also important to note that, Wolf, Baiocchi, & Argüello further goes on to assert that, prominent agencies such as the “American Advisory Board on Child Abuse and Neglect”, have distinguished the surge in documented cases as wave” of child maltreatment in America, portraying the issue as nationwide emergency.

Consequences of the Social Condition

According to Wolf, Baiocchi, & Argüello, (2018), among the people affected by this issue are the abused children together with their parents. For example, a variety of the key impacts of the social condition established to the abused and neglected children consist of poor academic performance due to the fact that their brain development is affected by psychological abuse which in turn prevents them from excellent academic performance. These children also experience depression brought about by emotional abuse. Notably, parents of the abused children also become victims of the issue in the sense that, when a parent learns that his or her child has been sexually abused by a stranger, the parent will be depressed which can in turn affect his or her job performance.

Known or Suspected Causes of the Problem/Issue

Among the suspected in addition to known causes of child abuse and neglect comprise of financial stress, or poverty, and drug abuse. Notably, the preponderance of children coming from poor families can be easily neglected with their parents since the parents are could be unable to provide for their children’s basic needs as a result of insufficient funds. Moreover, parents who excessively abuse drugs and alcohol can physically abuse their children (McClennen, Keys, & Day, 2016). Alcohol and drug use is also considered as a known cause of child abuse in the sense that, when people consume alcohol excessively, they can be tempted to abuse children either sexually or physically.

III. Historical background of the Policy

Historical Roots of the Problem/Issue

According to Farrell et al. (2017), there is an extensive history concerning the issue of child abuse and neglect. It is important to note that, this issue dates back to the 1800s when the laws created were unable to protect kids from abuse. Children have become subjects to abuse by other people or their own parents since apparently the start of time. For several centuries policies have been unable to safeguard children from abuse. For example, the children under the English common regulation were considered as their parents’ properties especially their fathers, while the women were viewed as their husband’s possessions, up to the late 1800s.

Key Events in History that Have Had an Impact on the Problem

There are various historical events that have created various impacts on the aforementioned problem of child abuse and neglect. One of them is both first and second world wars. During these wars, parents were forced to run away leaving their children behind. Children were also abused physically and sexually during war periods. Another event was slave trade whereby, especially individuals of color were forcefully taken while others were sold and used as slaves to work for the Caucasian farmers (Farrell et al. 2017). This created an impact on the issue as it gave way for the Caucasians to get children from black regions to work for them.

Origin of the Policy

The origin of the policy came to light from the 1980, inform of the Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272). However, it was first enacted on January 31, 1974 as (P.L. 93-247).

Major Legislation Passed to Address the Problem/Issue over Time

According to Child Welfare Information Gateway, (2019), over time, various legislations were passed to address the issue of child abuse and neglect. According to Child Welfare Information Gateway, (2019), the policies include, Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (P.L. 95-266, 4/24/1978), Child Abuse Amendments of 1984 (P.L. 98-457, 10/9/1984), Children’s Justice and Assistance Act of 1986 (P.L. 99-401, 8/27/1986),The Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 (P.L. 101-126), Child Abuse Prevention, Adoption, and Family Services Act of 1988 (P.L. 100-294, 4/25/1988), Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 (P.L. 101-126, 10/25/1989), Drug Free School Amendments of 1989 (P.L. 101-226, 12/12/1989) as well as “The Child Abuse Prevention and Treatment Act” (CAPTA), and “Adoption and Safe Families Act of 1997”.

III. Description of current policy (attempting to address the problem)

Overview of the Policy

The present policy attempting to handle this issue is “Child Abuse Prevention and Treatment Act of 1988” (CAPTA). 

Short and Long Term Goals for Outcomes

According to Child Welfare Information Gateway, (2019), the short as well as the long term goals for results comprise of promoting safety and protection of children, and to provide educational services. It gives financial support for manifestation plans for the hindrance, uncovering, and treatment of “child abuse and neglect”.

What does it Provides?

The types of services it offers include, Federal funding as well as guidance to States to aid prevention, evaluation, investigation, trial, and treatment actions (Poffenberger, 2018). It also gives allowances to the public companies and those granted tax exempt, inclusive of Indian Tribes as well as Tribal companies, for the manifestation plans and projects. It as well expounds a Federal description of child abuse and neglect issue.

Who are covered by it?

According to Child Welfare Information Gateway, (2019), the individuals, who are covered by this policy, include people with disability (or disabled children), abused and neglected children, below the age of 18years.

How is it Implemented?

According to Child Welfare Information Gateway, (2019), the policy is implemented based on amending family violence impediment as well as services program to give assistance or services for the children, who experience domestic abuse.

Where is it to be seated administratively?

Notably, this policy is administratively seated at the United States Department of Health and Human Services also referred to as (HHS).

Funding Mechanisms

According to Child Welfare Information Gateway, (2019), the funding mechanisms for CAPTA include CAPTA grants, the congress as well as the States.

How is it evaluated for its Efficacy?

The efficacy of CAPTA policy is evaluated in regards to its long list of reporting as well as procedure necessities that it has for states to be eligible. It is important to note that, because no state has ever recorded any complain based on the demands created by the policy, it has since been considered effective and is expected to improve.

Length of time it is expected to Run

According to Poffenberger, (2018), the policy is expected to run for as long as the issue of child abuse and neglect still exists or occurs in the society. In words, since the problem of child abuse and neglect is still present in many parts America, the regulation is therefore expected to last until the time when the issue will be no longer recorded.

What is the Scientific Knowledge Base it is grounded in?

Notably, the scientific knowledge that is associated with this policy is that, child hood experiences of a child are significant determinants in his or her adulthood life.

IV. Analysis of the policy

Policy Goals

The field of social work has a long history of collaborating with the child welfare system, working to help thousands of children and their families who every year are victims of child abuse and neglect. For more than 100 years, social workers have fought child abuse, by recognizing and solving the client, family, and community problems they face. Social workers and other professionals support families as well as identify preventions that should be at the forefront of all initiatives (National Association of Social Workers policy statement, 2009-2012 8th ed., pp. 42-48).

The Child Abuse Prevention and Treatment Act (CAPTA) was intended and is a measured social policy function developed for the benefit of society to deter child abuse. In 1974 the passage of CAPTA’s, set the framework for addressing concerns related to child abuse, regulation, and practice around the nation to tackle key issues at the federal, state, and local levels. CAPTA’s mission was to provide comprehensive services for victims or future victims of child abuse incorporating programs offered by a multitude of agencies in support of child abuse prevention, including legal, educational, mental health, and social service agencies.

The Secretary of Health and Human Services publishes and finalizes regulations for implementing the amendments made by this Act (Child Welfare Information Gateway, 2015). The Secretary may appoint an advisory board to make recommendations to the secretary and the appropriate committees of congress concerning specific issues relating to child abuse and neglect (Child Welfare Information Gateway, 2019).

The secretary shall publish a notice in the federal register soliciting nominations for the appointment of members of the advisory board. The secretary shall appoint members from the general public who are individuals knowledgeable in child abuse and neglect prevention, intervention, treatment, or research, and with due consideration to representation of ethnic or racial minorities and diverse geographic areas (Child Welfare Information Gateway, 2019). The secretary shall promulgate regulations and make such arrangements as may be necessary or appropriate to ensure that there is effective coordination between programs related to child abuse and neglect under this act and other such programs which are as by federal funds. (Child Welfare Information Gateway, 2019). Assist organizations to develop child abuse and neglect awareness and prevention services. Approve limited government studies on the prevention and treatment of child abuse and founded the National Center on Child Abuse and Neglect. Manage grant programs within the department of health, education, and welfare; recognize problems and areas that require special attention for new research and demonstration project activities. Create the National Clearinghouse of Developed grants from basic state and demonstration grants (Child Welfare Information Gateway, 2012).

Political and Economic and Administrative Feasibility

Initially, the federal government was not actively interested in child safety. The White House Conference on the Treatment of Dependent Children in 1909 proposed the creation of the Federal Bureau of Children, which was carried out in 1912. A very broad mandate was given to the children’s bureau to investigate and report on all issues relating to children’s health and life across all groups of persons and discuss the issues of infant mortality, birth rate, orphanages, juvenile courts, desertion, hazardous jobs, children’s accidents, and diseases, employment and child-related legislation in several states and territories. Most importantly, in creating the children’s bureau, for the first time, congress acknowledged that the federal government had some responsibility for children’s health. (National Child Abuse and Neglect Training and Publications Project, 2014). In addition, the sector has seen a dramatic rise in the number of advocacy groups for child welfare. (National Child Abuse and Neglect Training and Publications Initiative 2014) And the fight over CAPTA and the federal position in combating child abuse began.

On January 31, 1974, President Nixon signed the Prevention and Treatment of Child Abuse Act (CAPTA) into law. CAPTA marked the federal government’s first major attempt to strengthen the response to physical violence, neglect, and sexual abuse. The 1980s also represented a time of considerable philosophical debate between those who called for an increased position and those who wanted to limit its position over the role of the federal government in child welfare services.

The Reagan administration intended to let CAPTA expire, in 1981 when Ronald Reagan announced his intention to revoke rather than reauthorizing the act (National Child Abuse and Neglect Training and Publications Initiative, 2014). The sector was mobilized by fear over the planned abolition of CAPTA and other regulations on child welfare. The National Child Abuse Coalition, a community dedicated to improving the federal response to child safety, was banded together by a variety of organizations. As the field prepared for what would be a fight over the future of CAPTA and federal participation in child welfare services, other advocacy organizations were either enhanced or newly created (National Child Abuse and Neglect Training and Publications Initiative, 2014). The reauthorization was sponsored by republican senators Robert Stafford of Vermont and Lowell Weicker of Connecticut, which meant that there would be no majority vote in the Senate to abolish the CAPTA law. (National Child Abuse and Neglect Training and Publications Project, 2014).

Nonetheless, there were many vocal opponents of CAPTA, who found that the act was not adequate to resolve the issue of child abuse in America. The new Director of the Child Welfare League of America, Bill Lunsford, criticized the narrow path taken by the bill, because he felt, the country could never deal adequately or appropriately with child abuse unless we discuss parenting practices, corporal punishment, income inequalities, and the kinds of challenges that confront low-income families (National Child Abuse and Neglect Training and Publications Initiative 2014). Edward Zigler, who was appointed by President Nixon as the first Director of the Office of Child Development, called the legislation “a token effort,” because he felt it did not begin to address the depth and complexity of the issue (National Child Abuse and Neglect Training and Publications Initiative 2014). Senator Mondale acknowledged the modest scope of the bill, but believed strongly that the current political climate would not support the passage of more expansive legislation. Instead, Mondale described child abuse as an individual issue that could affect any American parent; met with opposition from the Nixon administration, and resistance from other members of congress whom viewed CAPTA as another poverty initiative (National Child Abuse and Neglect Training and Publications Initiative, 2014). Many politicians and advocates claimed that the legislative process may have promoted the separation of poverty and class problems from child maltreatment, but it served to minimize the effect of these factors on the issue. Tension in this sector remains to this day regarding the relation of social-ecological variables to child maltreatment. (National Child Abuse and Neglect Training and Publications Project, 2014).

To help states improve child abuse and neglect detection and prevention programs, CAPTA provided unparalleled financial assistance. These grants played an important role in promoting the creation of systems to combat child abuse and the criteria that went with them. In 1974 CAPTA provided financial assistance at $15,000,000 at the federal level (National Child Abuse and Neglect Training and Publications Project, 2014). Each of the 50 states, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S. are granted CAPTA state grants by HHS (Stoltzfus, Emilie, 2012). A base allocation of $50,000 is awarded to each of these 56 jurisdictions, in which the remaining funds are allocated to each jurisdiction based on the proportional proportion of children under the age of 18 populations across all of those jurisdictions. To receive this grant, no matching funds are needed. (Stoltzfus, Emilie, 2012). State and territorial funds help strengthen their child protection service programs, in return for which states must comply with different standards relating to the monitoring, review, and care of cases of child abuse. (Stoltzfus, Emilie, 2012).

States have to meet some requirements, including stricter regulations governing the reporting of suspected child abuse and neglect, as well as guidelines relating to investigation and collaboration between law enforcement, courts, and social service agencies, to be eligible for basic state grants. The sum of the award was based on a formula; hence the basic grants from the state were often referred to as formula grants. Federal initiative disseminate and provide technical assistance relating to the prevention and treatment of child abuse, as well as competitive grants to a variety of qualifying agencies for study and demonstration projects or other activities relating to the detection, prevention, and treatment of neglect or child abuse. (Stoltzfus, Emilie, 2012). Requiring the Secretary of Health, Education, and Welfare to implement and make provisions as required or reasonable to ensure efficient coordination between child abuse and neglect-related services under this act and other services supported by federal and state funds (Child Abuse Prevention and Treatment Act, 1974).

V. Policy recommendations

Recommendation

The recommendations regarding this policy issue addressed by the following advocacy group and enactments are driven to improve the lives of children affected by child abuse and neglect. The National Association of Counsel for Children advocates for laws and policies advancing the rights of children, including the right to counsel (Scott, 2019). NACC supports a robust reauthorization of CAPTA and advocates for changes in the law to mandate party status for children and a right to legal representation for children (Scott, 2019). The Stronger Child Abuse Prevention and Treatment Act, H.R. 2480, was introduced to reauthorize CAPTA. As written CAPTA does not contain a clause requiring the legal representation of children, nor does it make it clear that children are parties to their proceedings (Scott, 2019). The bill also proposes critical increases in support for this chronically underfunded rule (Scott, 2019). These provided recommendations can enhance the weaknesses of CAPTA to apply modifications that meet the needs of children in the future.

Rationale

The primary mission of the social work profession is to enhance human well-being and help meet the basic human needs of all people, with particular attention to the needs and empowerment of people who are vulnerable, oppressed, and living in poverty. A historic and defining feature of social work is the profession’s focus on individual well-being in a social context and the well-being of society. Fundamental to social work is attention to the environmental forces that create, contribute to, and address problems in living (National Association of Social Workers 2009). The National Association of Social Workers (NASW) is the largest membership group for licensed social workers that supports, develops, and safeguards the practice of social work and social workers. Through its advocacy, NASW aims to improve the well-being of people, families, and communities. By offering care as well as counseling for traumatized children, social workers can intervene in child abuse problems; they can also provide education on the effects of child abuse (Advocate for Children 2018). To enable states to counter the recent increase in child abuse and neglect: by providing strategic family-building networks of preventive services and enhance the quality of child protection services (Scott, 2019).

Strategy

Social workers will address policy issues that promote social justice as well as the dignity of workers. Provide appropriate resources and best practice models for the workplace, strengthen inconsistent hiring skills, intervene and refer to community-based programs, and encourage the implementation of policies. Addresses systemic bias in the child welfare system to ensure families have access to preventive services. Provide resources for research and technical assistance programs aimed at improving awareness of successful child abuse and neglect prevention and care interventions by clinicians and administrators (Scott, 2019).

VI. Conclusion

In summary, the essential federal legislation addressing child abuse and neglect is the Child Abuse Prevention and Treatment Act (CAPTA), originally enacted on January 31, 1974. This act has been amended several times and was last reauthorized on December 20, 2010, by the CAPTA Reauthorization Act of 2010 (Child Abuse Prevention and Treatment Act, 1974).Child Abuse Prevention and Treatment Act” (CAPTA) facilitates federal focus to avert as well as respond to child abuse and neglect in America by giving funds to states together with non-profit firms for programs that deal with the issue of child abuse and neglect. Child abuse and neglect are defined as the physical or mental injury, sexual abuse, negligent treatment, or maltreatment of a child under the age of eighteen by a person who is responsible for the child’s welfare; under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby, as determined by regulations prescribed by the Secretary (Child Abuse Prevention and Treatment Act, 1974). Since the introduction of this policy, there has been a reduction in cases of child abuse and oppression of women in the U.S as they are all protected under CAPTA.

References

Child Abuse Prevention and Treatment Act, 93 P.L. 247, 88 Stat. 4 (January 31, 1974).

Retrieved from

https://advance-lexis-com.ezproxy.fhsu.edu/api/document?collection=statutes-legislation&id=urn:contentItem:5CD7-HSF0-01XN-S390-00000-00&context=1516831

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Child Welfare Information Gateway. (2012). Major Federal Legislation Concerned With Child

Protection, Child Welfare, and Adoption. Washington, DC: U.S. Department of Health

and Human Services,

Children’s Bureau.

Child Welfare Information Gateway. (2015). How Federal legislation impacts child welfare

service delivery. Washington, DC: U.S. Department of Health and Human Services,

Children’s Bureau.

Child Welfare Information Gateway. (2019). About CAPTA: A legislative history. Washington,

DC: U.S. Department of Health and Human Services, Children’s Bureau.

https://www.childwelfare.gov/pubPDFs/about

Farrell, C. A., Fleegler, E. W., Monuteaux, M. C., Wilson, C. R., Christian, C. W., & Lee, L. K. (2017). Community poverty and child abuse fatalities in the United States. Pediatrics, 139(5).

Mason, K., & Evans, T. (2020). Social Work, Inter-Disciplinary Cooperation and Self-Neglect:

Exploring Logics of Appropriateness. The British Journal of Social Work, 50(3), 664-681.

McClennen, J., Keys, A. M., & Day, M. (2016). Social work and family violence: theories, assessment, and intervention. Springer Publishing Company.

National Association of Social Workers. (2009). Child Abuse and Neglect. Social work speaks:

National Association of Social Workers policy statement, 2009-2012 (8th ed., pp. 42-48).

Washington, DC: NASW Press.

https://www.socialworkers.org/LinkClick.aspx?fileticket=W13Tn7j7O1A%3D&portalid=0

National Child Abuse and Neglect Training and Publications Project (2014). The Child Abuse

Prevention and Treatment Act: 40 years of safeguarding America’s children. Washington,

DC: U.S. Department of Health and Human Services, Children’s Bureau

Poffenberger, T. (2018). of Child Abuse and Neglect. Child Abuse and Neglect: Cross-Cultural Perspectives, 71.

Scott, Bobby. (2019). The Stronger Child Abuse Prevention and Treatment Act

https://edlabor.house.gov/imo/media/doc/Fact%20Sheet_CAPTA_20190502_v08_FINA

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Stoltzfus, Emilie. (2012). Child abuse prevention and treatment act (CAPTA): Background,

programs, and funding. 1-69.

Willis, N. G., & Molina, V. (2019). Self-care and the social worker: Taking our place in the code. Social work, 64(1), 83-86.

Wolf, J. P., Baiocchi, A., & Argüello, T. (2018). Child maltreatment reporting in the general population: Examining the roles of community, collective efficacy, and adverse childhood experiences. Child abuse & neglect, 82, 201-209.

Policy Brief Instruction

Now that you and your group have analyzed a policy, create a policy that would address the issues you have uncovered. For this assignment, students are to write a policy brief derived from your group’s policy analysis.

What is a policy brief?

A policy brief presents a concise summary of information that can help readers understand, and likely make decisions about, government policies. Policy briefs may give objective summaries of relevant research, suggest possible policy options, or go even further and argue for particular courses of action.

· 2 to 4 pages

· Easy to understand

· Goal is to prompt change

What is the format?

· Informative & Engaging Title

· Executive Summary. 1-2 paragraphs, overview of problem and proposed policy action

· Problem Statement. Why should the audience care? Define the scope of the problem.

· Policy Alternatives. Describe current and proposed policy options.

· Policy Recommendations. Explain what steps must be taken.

· Sources Consulted or Recommended.

How is it organized?

· Start with your conclusions

· Keep a logical flow

· Give visual cues (Headings, bullet points, highlight key points, white space, charts, graphics)

More resources

· Click through IDRC’s simple power point on how to write an effective brief

https://www.idrc.ca/sites/default/files/idrcpolicybrieftoolkit

· Use this thorough 15 page guide from Research to Action to write your first policy brief

https://www.researchtoaction.org/wp-content/uploads/2014/10/PBWeekLauraFCfinal

1. Grading: 100 points

1.

Lengths: 2~3 pages (single space) * No APA format.

1. Due date: W12 Sunday (11/8) midnight (Submit AND post – Policy Group Project Forum)