Public Law 111-320. S. 3817. An Act to amend the Child Abuse Prevention and Treatment Act, the Family Violence Prevention and Services Act, the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978, and the Abandoned Infants Assistance Act of 1988 to reauthorize the Acts. Signed on December 20, 2010.
The basis for government's intervention in child maltreatment is grounded in the concept of parens patriae—a legal term that asserts that government has a role in protecting the interests of children and in intervening when parents fail to provide proper care. Beginning in the late 19th century, States and local jurisdictions started initiating mechanisms to assist and protect children. Then in 1912, the Federal Government established the Children's Bureau to guide Federal programs that were designed to support State child welfare programs as well as to direct Federal aid to families, which began with the passage of the Social Security Act (SSA) in 1935. The child welfare policy of the SSA layered Federal funds over existing State-supervised and administered programs that were already in place. Over the past several decades, Congress has passed significant pieces of legislation that support the States' duty and power to act on behalf of children when parents are unable or unwilling to do so.
The Child Abuse Prevention and Treatment Act (CAPTA) is one of the key pieces of legislation that guides child protection. CAPTA, in its original inception, was signed into law on January 31, 1974 (P.L. 93-247). It was reauthorized in 1978, 1984, 1988, 1992, 1996, and 2003, and with each reauthorization, amendments have been made to CAPTA that have expanded and refined the scope of the law.
Table of Contents:
1. Introduction. 3
2. Summary. 4
SECTION I:
CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 1 Short title. 5
Sec. 2 Congressional findings. 5
Sec. 3 General definitions. 6
Title I—GENERAL PROGRAM
Sec. 101 Office on Child Abuse and Neglect. 7
Sec. 102 Advisory board on child abuse and neglect. 7
Sec. 103 National clearinghouse for information relating to child abuse. 8
Sec. 104 Research and assistance activities and demonstrations. 9
Sec. 105 Grants to States, Indian tribes or tribal organizations, and public or private
agencies and organizations.
14
Sec. 106 Grants to States for child abuse or neglect prevention and treatment programs. 17
Sec. 107 Grants to States for programs relating to investigation and prosecution of child
abuse and neglect cases.
27
Sec. 108 Miscellaneous requirements relating to assistance. 29
Sec. 109 Coordination of child abuse and neglect programs. 29
Sec. 110 Reports. 30
Sec. 111 Definitions. 31
Sec. 112 Authorization of appropriations. 32
Sec. 113 Rule of construction. 32
2
Title II—COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
OR NEGLECT
Sec. 201 Purpose and authority. 32
Sec. 202 Eligibility. 34
Sec. 203 Amount of grant. 35
Sec. 204 Application. 36
Sec. 205 Local program requirements. 37
Sec. 206 Performance measures. 38
Sec. 207 National network for community-based family resource programs. 38
Sec. 208 Definitions. 39
Sec. 209 Authorization of appropriations. 39
SECTION II:
ADOPTION OPPORTUNITIES
(Section numbers reflect the Child Abuse Prevention and Adoption Reform Act of 1978)
Sec. 201 Congressional findings and declaration of purpose. 39
Sec. 203 Information and services. 41
Sec. 204 Study and report of unlicensed or unregulated adoption placements. 44
Sec. 205 Authorization of appropriations. 45
SECTION III:
THE ABANDONED INFANTS ASSISTANCE ACT (AIAA)
Sec. 1 Short title. 45
Sec. 2 Findings. 45
Sec. 101 Establishment of local projects. 46
Sec. 102 Evaluations, studies, and reports by secretary. 48
Sec. 201 Definitions. 48
Sec. 302 Authorization of appropriations. 48
Policymakers, lawyers, children's rights advocates and children's rights organizations, and members of the general public interested in the law as it applies to preventing and treating child abuse will find this document important.
