Child Abuse Prevention and Treatment Act (CAPTA, 1974): The Federal Law Behind Child Abuse Reporting

This bill is law. It was approved January 31, 1974, as Public Law 93-247 Public Law 93-247, 88 Stat. 4 (1974).

The short answer

The Child Abuse Prevention and Treatment Act, often called CAPTA, is a federal law from 1974 Public Law 93-247, 88 Stat. 4 (1974). It set up a national center on child abuse and neglect. It also offered federal grants to states that met certain conditions, such as requiring reports of suspected abuse and starting investigations promptly Public Law 93-247, 88 Stat. 4 (1974). CAPTA works through grants: a state had to meet the Act's conditions to qualify Public Law 93-247, 88 Stat. 4 (1974).

Congress.gov lists the bill's final action as "Public law 93-247" Congress.gov, S. 1191 (93rd Congress), bill record.

What it changes

A national center. The Act told the Secretary of Health, Education, and Welfare to set up an office called the National Center on Child Abuse and Neglect Public Law 93-247, 88 Stat. 4 (1974). One of its jobs was to study how often child abuse and neglect happen across the country Public Law 93-247, 88 Stat. 4 (1974).

A federal definition. For this Act, "child abuse and neglect" meant physical or mental injury, sexual abuse, negligent treatment, or maltreatment of a child under 18. It had to be done by a person responsible for the child's welfare, in circumstances showing the child's health or welfare was harmed or threatened Public Law 93-247, 88 Stat. 4 (1974).

Grants. The Act paid for demonstration programs to prevent, identify, and treat child abuse and neglect Public Law 93-247, 88 Stat. 4 (1974). Between 5 and 20 percent of the money could go to grants to the states Public Law 93-247, 88 Stat. 4 (1974). It authorized $15,000,000 for the fiscal year ending June 30, 1974, and more in later years Public Law 93-247, 88 Stat. 4 (1974).

Conditions for state grants. The Congressional Research Service summary notes that the Act set out how a state could qualify Congress.gov, Congressional Research Service summaries of S. 1191 (93rd Congress). Among other things, a state had to:

• have a child abuse and neglect law giving people who report immunity from prosecution arising out of the report Public Law 93-247, 88 Stat. 4 (1974);
• provide for reporting known and suspected abuse and neglect Public Law 93-247, 88 Stat. 4 (1974);
• start an investigation promptly after a report "to substantiate the accuracy of the report" Public Law 93-247, 88 Stat. 4 (1974);
• take immediate steps to protect the child, and any other child in the same care who may be in danger, when abuse or neglect is found Public Law 93-247, 88 Stat. 4 (1974);
• keep all records confidential Public Law 93-247, 88 Stat. 4 (1974); and
• appoint a guardian ad litem (a person who represents the child's interests in court) for the child in every case that goes to court Public Law 93-247, 88 Stat. 4 (1974).

Congress has changed CAPTA since 1974, including in a 2010 law that amended and reauthorized it Congress.gov, S. 3817 (111th Congress), bill status. The 1974 text on this page shows where the law started. It is not the current version.

How it relates to Texas

Texas law names the Department of Family and Protective Services (DFPS) as "the state agency designated to cooperate with the federal government in the administration of programs under" a list of federal laws Tex. Hum. Res. Code §40.002. CAPTA, at 42 U.S.C. Section 5101 and following, is on that list Tex. Hum. Res. Code §40.002. DFPS must cooperate with federal agencies "to the extent necessary to qualify for federal assistance in the delivery of services" Tex. Hum. Res. Code §40.002.

Texas sets its own rules in its own statutes. Texas law requires DFPS to make "a prompt and thorough investigation" of a report of abuse or neglect by a person responsible for a child's care Tex. Fam. Code §261.301(a). Texas also has its own definition of neglect Tex. Fam. Code §261.001(4). If you are dealing with CPS in Texas, those Texas rules are the ones that apply to your case. See The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302).

Which laws it affects

• It created the Child Abuse Prevention and Treatment Act, now at 42 U.S.C. Section 5101 and following Tex. Hum. Res. Code §40.002.
• Texas Human Resources Code §40.002 names DFPS as the state agency that cooperates with the federal government on CAPTA programs Tex. Hum. Res. Code §40.002.
• Texas sets its own investigation rules in Tex. Fam. Code §261.301.

Related

• Keeping Children and Families Safe Act of 2003: CAPTA's Rule That CPS Tell You the Allegations
• CAPTA Reauthorization Act of 2010: Federal Child Abuse Grants Extended Through 2015
• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• Your Rights When Texas CPS Contacts You (Family Code §261.307)
• CPS Investigation Findings in Texas: Reason to Believe, Ruled Out and More