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2.1B CAPTA, Assurances and Requirements, Appeals

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Question Number 1:
09/27/2011 - Current
QuestionPlease explain the requirements in the Child Abuse Prevention and Treatment Act (CAPTA) for appealing findings of child abuse or neglect.
AnswerStates are required to have in place an appeals process by which an individual who is officially found to have committed child abuse or neglect can appeal such a finding. States have some flexibility in determining the type of appeals process that best meets their needs. For example, the appeals process can be established through the courts, through some other external appeals process, or through an internal appeals process.

The appeals process, however, must meet the following minimum conditions in order to satisfy the CAPTA requirements:

1) The process must afford the individual with a finding of child abuse or neglect an opportunity for due process.

2) The office or individual(s) hearing such appeals cannot be involved in any other stage of the case.

3) The office or individual(s) established to hear such appeals must have the authority to overturn a previous finding of child abuse or neglect.

4) Individuals must be given written notification of their right to appeal, and the method by which they may appeal, at the time they are notified of the official finding of child abuse or neglect.

Source/Date*ACYF-CB-PI-98-08 (6/29/98); updated 9/27/11
Legal and Related References*Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106(b)(2)(B)(xv)

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02/25/2009 - 09/27/2011
QuestionPlease explain the requirements in the Child Abuse Prevention and Treatment Act (CAPTA) for appealing findings of child abuse or neglect.
AnswerStates are required to have in place an appeals process by which an individual who is officially found to have committed child abuse or neglect can appeal such a finding. States have some flexibility in determining the type of appeals process that best meets their needs. For example, the appeals process can be established through the courts, through some other external appeals process, or through an internal appeals process.

The appeals process, however, must meet the following minimum conditions in order to satisfy the CAPTA requirements:

1) The process must afford the individual with a finding of child abuse or neglect an opportunity for due process.

2) The office or individual(s) hearing such appeals cannot be involved in any other stage of the case.

3) The office or individual(s) established to hear such appeals must have the authority to overturn a previous finding of child abuse or neglect.

4) Individuals must be given written notification of their right to appeal, and the method by which they may appeal, at the time they are notified of the official finding of child abuse or neglect.

Source/DateACYF-CB-PI-98-08 (6/29/98); updated 2/3/05
Legal and Related References*Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106(b)(2)(A)(xv)

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04/17/2006 - 02/25/2009
QuestionPlease explain the requirements in the Child Abuse Prevention and Treatment Act (CAPTA) for appealing findings of child abuse or neglect.
Answer*States are required to have in place an appeals process by which an individual who is officially found to have committed child abuse or neglect can appeal such a finding. States have some flexibility in determining the type of appeals process that best meets their needs. For example, the appeals process can be established through the courts, through some other external appeals process, or through an internal appeals process.

The appeals process, however, must meet the following minimum conditions in order to satisfy the CAPTA requirements:

1) The process must afford the individual with a finding of child abuse or neglect an opportunity for due process.

2) The office or individual(s) hearing such appeals cannot be involved in any other stage of the case.

3) The office or individual(s) established to hear such appeals must have the authority to overturn a previous finding of child abuse or neglect.

4) Individuals must be given written notification of their right to appeal, and the method by which they may appeal, at the time they are notified of the official finding of child abuse or neglect.

Source/Date*ACYF-CB-PI-98-08 (6/29/98); updated 2/3/05
Legal and Related References*Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106(b)(2)(A)(x)

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02/03/2005 - 04/17/2006
QuestionPlease explain the requirements in the Child Abuse Prevention and Treatment Act (CAPTA) for appealing findings of child abuse or neglect.
AnswerBy October 3, 1998, States were required to have in place an appeals process by which an individual who is officially found to have committed child abuse or neglect can appeal such a finding. States have some flexibility in determining the type of appeals process that best meets their needs. For example, the appeals process can be established through the courts, through some other external appeals process, or through an internal appeals process.

The appeals process, however, must meet the following minimum conditions in order to satisfy the CAPTA requirements:

1) The process must afford the individual with a finding of child abuse or neglect an opportunity for due process.

2) The office or individual(s) hearing such appeals cannot be involved in any other stage of the case.

3) The office or individual(s) established to hear such appeals must have the authority to overturn a previous finding of child abuse or neglect.

4) Individuals must be given written notification of their right to appeal, and the method by which they may appeal, at the time they are notified of the official finding of child abuse or neglect.

Source/Date*ACYF-CB-PI-98-08 (6/29/98) (updated 2/3/05)
Legal and Related ReferencesChild Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106 (b)(2)(A)(xi)(II)

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02/19/2001 - 02/03/2005 (Original Record)
QuestionPlease explain the requirements in the Child Abuse Prevention and Treatment Act (CAPTA) for appealing findings of child abuse or neglect.
AnswerBy October 3, 1998, States were required to have in place an appeals process by which an individual who is officially found to have committed child abuse or neglect can appeal such a finding. States have some flexibility in determining the type of appeals process that best meets their needs. For example, the appeals process can be established through the courts, through some other external appeals process, or through an internal appeals process.

The appeals process, however, must meet the following minimum conditions in order to satisfy the CAPTA requirements:

1) The process must afford the individual with a finding of child abuse or neglect an opportunity for due process.

2) The office or individual(s) hearing such appeals cannot be involved in any other stage of the case.

3) The office or individual(s) established to hear such appeals must have the authority to overturn a previous finding of child abuse or neglect.

4) Individuals must be given written notification of their right to appeal, and the method by which they may appeal, at the time they are notified of the official finding of child abuse or neglect.

Source/DateACYF-CB-PI-98-08 (6/29/98)
Legal and Related ReferencesChild Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106 (b)(2)(A)(xi)(II)

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