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New or Revised Eligibility Requirements

States will have to assure through a certification that the State is operating a statewide program relating to child abuse and neglect, or has in effect a State law that includes the following new or revised provisions:

• policies and procedures (including appropriate referrals to child protection service systems and for other appropriate services) to address the needs of infants born and identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, including a requirement that health care providers involved in the delivery or care of such infants notify the child protective services system of the occurrence of such condition in such infants, except that such notification shall not be construed to —(I) establish a definition under Federal law of what constitutes child abuse; or (II) require prosecution for any illegal action (section 106(b)(2)(A)(ii));

• the development of a plan of safe care for the infant born and identified as being affected by illegal substance abuse or withdrawal symptoms (section 106(b)(2)(A)(iii));

• procedures for the immediate screening, risk, and¹ safety assessment, and prompt investigation of such reports (section 106(b)(2)(A)(iv));

• triage procedures for the appropriate referral of a child not at risk of imminent harm to a community organization or voluntary preventive service (section 106(b)(2)(A)(v));

• provisions to require a State to disclose confidential information to any Federal, State, or local government entity, or any agent of such entity, that has a need for such information in order to carry out its responsibility under law to protect children from abuse and neglect (section 106(b)(2)(A)(ix));

• provisions and procedures for the appointment of a guardian ad litem who has received training appropriate to the role, to represent an abused or neglected child in a judicial proceeding (section 106(b)(2)(A)(xiii));

• provisions and procedures to require that a representative of the child protective services agency shall, at the initial time of contact with the individual subject to a child abuse and neglect investigation, advise the individual of the complaints or allegations made against the individual, in a manner that is consistent with laws protecting the rights of the reporter (section 106(b)(2)(A)(xviii));

• provisions addressing the training of representatives of the child protective services system regarding the legal duties of the representatives, which may consist of various methods of informing such representatives of such duties, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment (section 106(b)(2)(A)(xix));

• provisions and procedures for improving the training, retention and supervision of caseworkers (section 106(b)(2)(A)(xx));

• provisions and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services funded under part C of the Individuals with Disabilities Education Act (section 106(b)(2)(A))(xxi)), and;

• not later than June 25, 2005 (2 years after the enactment of Public Law 108-36), provisions and procedures for requiring criminal background checks for prospective foster and adoptive parents and other adult relatives and non-relatives residing in the household (section 106(b)(2)(A)(xxii)).

 

¹ Text in italics represents changes to an existing provision back

Attachments

ACYF-CB-PI-03-08
Attachment A	Purposes of the CAPTA State Grants HTML or PDF (85 KB)
Attachment B	New or Revised Eligibility Requirements HTML or PDF (81 KB)