Keeping Children and Families Safe Act of 2003: CAPTA's Rule That CPS Tell You the Allegations

This bill is law. It was approved June 25, 2003, as Public Law 108-36 Public Law 108-36, 117 Stat. 800 (2003).

The short answer

The Keeping Children and Families Safe Act of 2003 amended the Child Abuse Prevention and Treatment Act (CAPTA) Public Law 108-36, 117 Stat. 800 (2003). It added conditions a state must meet to qualify for CAPTA state grants Public Law 108-36, 117 Stat. 800 (2003). The best known: at the first contact, a CPS representative must tell the person being investigated about the complaints or allegations against them Public Law 108-36, 117 Stat. 800 (2003).

Congress.gov lists the bill's final action as "Became Public Law No: 108-36" Congress.gov bill status for S. 342 (108th Congress), including CRS summaries.

What it changes

The Act amended section 106(b) of CAPTA, which lists what a state's grant plan must include Public Law 108-36, 117 Stat. 800 (2003).

Telling you the allegations. A state must have procedures requiring that a CPS representative, "at the initial time of contact with the individual subject to a child abuse and neglect investigation, advise the individual of the complaints or allegations made against the individual". This must be done in a way that is consistent with laws protecting the rights of the person who made the report Public Law 108-36, 117 Stat. 800 (2003).

Training on legal rights. A state must address training CPS staff on their legal duties, "in order to protect the legal rights and safety of children and families" from the first contact through treatment Public Law 108-36, 117 Stat. 800 (2003). It must also have plans for better training, retention, and supervision of caseworkers Public Law 108-36, 117 Stat. 800 (2003). The Act also allowed grants for training staff on their legal duties and their responsibility to protect the legal rights of children and families Public Law 108-36, 117 Stat. 800 (2003).

Newborns affected by substances. A state must have policies to address the needs of infants identified as affected by illegal substance abuse or by withdrawal from prenatal drug exposure Public Law 108-36, 117 Stat. 800 (2003). It must also develop a plan of safe care for such an infant Public Law 108-36, 117 Stat. 800 (2003). The required notice from health care providers is not to be read as creating a federal definition of child abuse Public Law 108-36, 117 Stat. 800 (2003), or as requiring prosecution Public Law 108-36, 117 Stat. 800 (2003).

Other conditions. A state must also:

• have triage procedures to refer a child who is not at risk of imminent harm to a community organization or voluntary service Public Law 108-36, 117 Stat. 800 (2003);
• refer a child under age 3 in a substantiated case to early intervention services Public Law 108-36, 117 Stat. 800 (2003); and
• require criminal background checks for prospective foster and adoptive parents and other adults in the household Public Law 108-36, 117 Stat. 800 (2003).

According to the Congressional Research Service, the Act also requires a court appointed special advocate (CASA) and a guardian ad litem to receive appropriate training Congress.gov bill status for S. 342 (108th Congress), including CRS summaries. A state keeps flexibility over public access to child abuse and neglect court hearings, but its policies must ensure the safety and well-being of the child, parents, and families Public Law 108-36, 117 Stat. 800 (2003).

Citizen review panels. CAPTA's citizen review panels examine state and local child protection agencies Congress.gov bill status for S. 3817 (111th Congress), including CRS summaries. Each panel must provide for public outreach and comment to assess how current practices affect children and families Public Law 108-36, 117 Stat. 800 (2003). The state must give a written response to a panel's report Public Law 108-36, 117 Stat. 800 (2003).

How it relates to Texas

Texas law names DFPS as the state agency that cooperates with the federal government on programs under CAPTA Tex. Hum. Res. Code §40.002.

A Texas committee whose purpose includes understanding the causes and incidence of child deaths in Texas Tex. Fam. Code §264.503 is assigned "the functions and duties required of a citizen review panel" under CAPTA Tex. Fam. Code §264.503.

Texas has its own first-contact rule. When DFPS opens an investigation, it must give the parent or alleged perpetrator a written summary at first contact Tex. Fam. Code §261.307(a). That summary must include "the known allegations the department is investigating" and the person's right to seek legal counsel Tex. Fam. Code §261.307(a). See Your Rights When Texas CPS Contacts You (Family Code §261.307).

Which laws it affects

• Section 106 of the Child Abuse Prevention and Treatment Act, at 42 U.S.C. 5106a Public Law 108-36, 117 Stat. 800 (2003).
• In Texas: Human Resources Code §40.002 Tex. Hum. Res. Code §40.002 and Family Code §264.503(g) Tex. Fam. Code §264.503. Texas's own first-contact rule is Tex. Fam. Code §261.307.

Related

• Child Abuse Prevention and Treatment Act (CAPTA, 1974): The Federal Law Behind Child Abuse Reporting
• CAPTA Reauthorization Act of 2010: Federal Child Abuse Grants Extended Through 2015
• Your Rights When Texas CPS Contacts You (Family Code §261.307)
• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• CPS Drug Testing in Texas: What DFPS Policy Says