| ACF Administration for Children and Families |
U.S. DEPARTMENT
OF HEALTH AND HUMAN SERVICES Administration for Children, Youth and Families |
|
| 1. Log No.: ACYF-CB-PI-03-08 | 2. Issuance Date: November 26, 2003 | |
| 3. Originating Office: Children's Bureau | ||
| 4. Key Words: Child Abuse Prevention and Treatment Act (CAPTA); Keeping Children and Families Safe Act of 2003 | ||
PROGRAM INSTRUCTION
|
To: |
The State Office, Agency or Organization Designated by the Governor to Apply for a Child Abuse and Neglect State Grant |
|
Subject: |
Modifications to the CAPTA State Grant Program by the Keeping Children and Families Safe Act of 2003 (Public Law 108-36) |
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Legal and Related References: |
Section 106 of the Child Abuse Prevention and Treatment Act, as amended by Public Law 108-36, enacted June 25, 2003 (42 U.S.C. 5106) |
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Purpose: |
To require States to submit an update to the Annual Progress and Services Report for FY 2003. |
Instruction:
The President signed the Keeping Children and Families Safe Act of 2003, Public Law 108-36, into law on June 25, 2003. In part, the law reauthorizes and amends the Child Abuse Prevention and Treatment Act through FY 2008.1 The major changes in the CAPTA State Grant Program are discussed below.
Purposes of the State Grants
Public Law 108-36 revises, redesignates and adds several purposes for the CAPTA State Grant. The purposes, as amended, are listed in Attachment A.
States with an existing Child and Family Services Plan (CFSP) were required to include information about CAPTA State Grants in the Annual Progress and Services Report (APSR) submitted to ACF in June 2003 (ACYF-CB-PI-03-05). Due to the recent changes in CAPTA, we are requiring States to submit updates to their APSR in the following areas:
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the program areas selected for improvement from the fourteen areas enumerated in section 106(a)(1) through (14) of CAPTA; and
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the activities that the State intends to implement with its CAPTA State grant funds including any changes in activities planned for FY 2004.
If there is no change to the program areas selected for improvement or activities reported in the June 2003 APSR submission, the State must submit to ACF a simple statement to that effect. Please submit this information by December 31, 2003 to the ACF Regional Office for approval and incorporation into the State's APSR.
Eligibility Requirements
Public Law 108-36 also amends the eligibility requirements for the CAPTA State grant. The eligibility requirements, as amended, are listed in Attachment B. The new eligibility requirements will be included in the State Chief Executive Officer's Assurance Statement for the Child Abuse and Neglect State Plan requested for FYs 2004-2009.
States have until June 25, 2005 (two years after the enactment of Public Law 108-36) to comply with the requirement relating to criminal background checks.2 For all other new or revised eligibility requirements, States are expected to be in compliance by June 25, 2004 (one year after the enactment of Public Law 108-36). States are urged to begin immediately the policy and legislative deliberations needed to comply with these new eligibility requirements. If there is a specific reason why the State cannot be in compliance by June 25, 2004, please contact the ACF Regional Office.
Citizen Review Panel Requirements
Public Law 108-36 revises the citizen review panel requirements by:
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requiring each citizen review panel to examine the practices (in addition to policies and procedures) of State and local agencies to evaluate the extent to which the agencies are effectively discharging their child protection responsibilities (section 106(c)(4)(A));
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requiring each panel to provide for public outreach and comment in order to assess the impact of current procedures and practices upon children and families in the community (section 106(c)(4)(C)); and
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requiring each panel to make recommendations to the State and public on improving the child protective services system at the State and local levels. The appropriate State agency is to respond to the panel and State and local child protective services agencies in writing no later than six months after the panel recommendations are submitted. The State agency's response must include a description of whether or how the State will incorporate the recommendations of the panel (where appropriate) to make measurable progress in improving the State and local CPS systems (section 106(c)(6)).
States are expected to be in compliance with these requirements by June 25, 2004 (one year after the enactment of Public Law 108-36). States are urged to begin immediately the policy and legislative deliberations needed to comply with these new eligibility requirements. If there is a specific reason why the State cannot be in compliance by June 25, 2004, please contact the ACF Regional Office.
Inquiries To: Regional Administrators, ACF Regions I-X
|
/s/ Joan E. Ohl Commissioner Administration on Children, Youth and Families |
1 The law amends
other provisions of CAPTA including the authority for the National
Clearinghouse on Child Abuse and Neglect, research and technical
assistance, grants for demonstration programs and projects,
Children's Justice Act grants, and Community-Based Grants for the
Prevention of Child Abuse and Neglect (formerly known as the
Community-Based Family Resource and Support Grants). The law also
amends the Adoption Opportunities and Abandoned Infants Assistance
programs. back
2 See section
106(b)(2)(A)(xxii) of the Child Abuse Prevention and Treatment Act.
back
Attachments
| Attachment A | Purposes of the CAPTA
State Grants HTML or PDF (85 KB) |
| Attachment B | New or Revised Eligibility
Requirements HTML or PDF (81 KB) |
