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2.1B CAPTA, Assurances and Requirements, Appeals

Items with a star (*) and gray background have been modified from previous record.

Question Number 2:
09/27/2011 - Current
Question*To whom does the appeals process under 106(b)(2)(B)(xv)(II) apply?
Answer*CAPTA requires States to establish provisions, procedures and mechanisms by which individuals who disagree with an official finding of abuse and neglect can appeal such finding. We understand this provision to apply to the perpetrator; however, individuals with standing under State law are not precluded from participating in the appeals process should such individuals disagree with a finding of abuse or neglect.
Source/Date*ACYF-NCCAN-PIQ-97-03 (9/26/97); 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)(II)

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04/17/2006 - 09/27/2011
Question*To whom does the appeals process under section 106(b)(2)(xi)(II) 106(b)(2)(A)(xv)(II) apply?
AnswerCAPTA requires States to establish provisions, procedures and mechanisms by which individuals who disagree with an official finding of abuse and neglect can appeal such finding. We understand this provision to apply to the perpetrator; however, individuals with standing under State law are not precluded from participating in the appeals process should such individuals disagree with a finding of abuse or neglect.
Source/Date*ACYF-NCCAN-PIQ-97-03 (9/26/97); 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)(II)

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02/03/2005 - 04/17/2006
QuestionTo whom does the appeals process under section 106 (b)(2)(xi)(II) apply?
AnswerCAPTA requires States to establish provisions, procedures and mechanisms by which individuals who disagree with an official finding of abuse and neglect can appeal such finding. We understand this provision to apply to the perpetrator; however, individuals with standing under State law are not precluded from participating in the appeals process should such individuals disagree with a finding of abuse or neglect.
Source/Date*ACYF-NCCAN-PIQ-97-03 (9/26/97) (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

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05/06/2001 - 02/03/2005 (Original Record)
QuestionTo whom does the appeals process under section 106 (b)(2)(xi)(II) apply?
AnswerCAPTA requires States to establish provisions, procedures and mechanisms by which individuals who disagree with an official finding of abuse and neglect can appeal such finding. We understand this provision to apply to the perpetrator; however, individuals with standing under State law are not precluded from participating in the appeals process should such individuals disagree with a finding of abuse or neglect.
Source/DateACYF-NCCAN-PIQ-97-03 (9/26/97)
Legal and Related ReferencesChild Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106

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