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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 4:
09/27/2011 - Current
Question
Must States set up an administrative appeals process if they do not maintain a central registry?
Answer
*Yes. Pursuant to section 106 (b)(2)(B)(xv)(II) of the Child Abuse Prevention and Treatment Act (CAPTA), States must have a process to hear appeals from individuals who disagree with an official finding of child abuse or neglect. There is nothing in the statutory language or legislative history that indicates that this requirement is limited to only those States with central registries. Additionally, in order for an appeals process to be complete, it must include steps to assure that individuals with such rights receive timely notification.
Source/Date
*ACYF-NCCAN-PIQ-97-01 (3/4/97); 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
Must States set up an administrative appeals process if they do not maintain a central registry?
Answer
*Yes. Pursuant to section 106 (b)(2)(B)(xv)(II) of the Child Abuse Prevention and Treatment Act (CAPTA), States must have a process to hear appeals from individuals who disagree with an official finding of child abuse or neglect. There is nothing in the statutory language or legislative history that indicates that this requirement is limited to only those States with central registries. Additionally, in order for an appeals process to be complete, it must include steps to assure that individuals with such rights receive timely notification.
Source/Date
*ACYF-NCCAN-PIQ-97-01 (3/4/97); updated 3/22/06
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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05/06/2001 - 04/17/2006 (Original Record)
Question
Must States set up an administrative appeals process if they do not maintain a central registry?
Answer
Yes. Pursuant to section 106 (b)(2)(xi)(II) of CAPTA, States had to have had an appeals process in place by October 3, 1998, to hear appeals from individuals who disagree with an official finding of child abuse or neglect. There is nothing in the statutory language or legislative history that indicates that this requirement is limited to only those States with central registries. Additionally, in order for an appeals process to be complete, it should include steps to assure that individuals with such rights receive timely notification.
Source/Date
ACYF-NCCAN-PIQ-97-01 (3/4/97)
Legal and Related References
Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106

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