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Child Abuse Prevention and Treatment Act
as Amended by the
Keeping Children and Families Safe Act of 2003

1. Introduction

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.

It has long been recognized that parents have a fundamental liberty, protected by the Constitution, to raise their children as they choose. The legal framework regarding the parent-child relationship balances the rights and responsibilities among the parents, the child, and the State, as guided by Federal statutes. This parent-child relationship identifies certain rights, duties, and obligations, including the responsibility of the parents to protect the child's safety and well-being. If parents, however, are unable or unwilling to meet this responsibility, the State has the power and authority to take action to protect the child from harm. 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 in 1974 (P.L. 93-247). It was reauthorized in 1978, 1984, 1988, 1992, and 1996, and with each reauthorization, amendments have been made to CAPTA that have expanded and refined the scope of the law.

CAPTA was most recently reauthorized on June 25, 2003, by the Keeping Children and Families Safe Act of 2003 (P.L. 108-36).

This booklet presents CAPTA as amended by the Keeping Children and Families Safe Act of 2003. The booklet also contains the Adoption Opportunities program and Abandoned Infants Assistance Act, as amended. To view the full text of the Act, as well as other legislation relevant to child welfare policy and practice, visit http://thomas.loc.gov or the Web site of the National Clearinghouse on Child Abuse and Neglect at http://nccanch.acf.hhs.gov/general/legal/federal/federalchildlaws.cfm.

NOTE CAREFULLY: This compilation, dated February 2004, was prepared by the Administration for Children and Families/Children?s Bureau, and reviewed by the Office of General Counsel. While staff of the U.S. Department of Health and Human Services have striven to ensure that the compilation is accurate and complete, it is not guaranteed to be free from error. Users needing to know the precise text of the law (for example, for purposes of citation in a legal document) are advised to check the text of this compilation against the slip law or the published volumes of the United States Code.

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