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2.1A.3 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Open courts

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

Question Number 1:
04/17/2006 - Current
Question*Would there be a conflict with the Child Abuse Prevention and Treatment Act (CAPTA) confidentiality requirements if a State chooses to open proceedings relating to child abuse and neglect to the public?
Answer*No. The 2003 amendments to CAPTA specifically give States the flexibility to determine State policies with respect to open courts, so long as such policies ensure the safety and well-being of the child, parents and families (last paragraph of section 106(b)(2)). There may be other Federal confidentiality restrictions for the State to consider when implementing this CAPTA provision.
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); Titles IV-E and IV-B of the Social Security Act

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08/07/2000 - 04/17/2006 (Original Record)
QuestionWould there be a conflict with the CAPTA confidentiality requirements if a State chooses to open proceedings relating to child abuse and neglect to the public?
AnswerJuvenile courts were set up separately from adult court proceedings in order to have non-criminal civil proceedings that would create an environment to assist in family problem-solving while protecting the privacy rights of the child and family. The opening of these proceedings would not in itself be in conflict with the statute in that the statute requires confidentiality for "reports and records". However, to the extent that the proceedings involve CPS reports and records which are otherwise confidential, there would be a conflict unless there are provisions to maintain the confidentiality of these records vis-a-vis the public.
Source/DateACYF-NCCAN-PIQ-97-01 (3/4/97)
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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