Home > Laws & Policies > Policy/Program Issuances > Program Instructions > PI-99-07

Attachment B

State Chief Executive Officer's Assurance Statement For The Child Abuse And Neglect State Plan

As Chief Executive Officer of the State of ___________________________________, I certify that the State:

1. has in effect and is enforcing a State law, or has in effect and is operating a Statewide program, relating to child abuse and neglect in the following areas; or

2. will implement such changes as necessary to assure that such laws or programs are in place as soon as possible, but no later than June 30, 1999, or the date mandated by CAPTA as noted on the assurance.

These areas are (please check each item, as appropriate):

1. Provisions or procedures for reporting known or suspected instances of child abuse and neglect (Section 106(b)(2)(A)(i));

   This requirement is currently in place:_____

2. Procedures for the immediate screening, safety assessment, and prompt investigation of such reports (Section 106() (2) (A) (II));

   This requirement is currently in place:_____

3. Procedures for immediate steps to be taken to ensure and protect the safety of the abused or neglected child, and of any other child under the same care who may also be in danger of abuse or neglect; and ensuring their placement in a safe environment (Section 106(b)(2)(A)(iii));

   This requirement is currently in place:_____

4. Provisions for immunity from prosecution under State and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect (Section 106(b)(2)(A)(iv));

   This requirement is currently in place:_____

5. Methods to preserve the confidentiality of all records in order to protect the rights of the child and of the child's parents or guardians, including requirements ensuring that reports and records made and maintained pursuant to the purposes of CAPTA shall only be made available to--

   1. individuals who are the subject of the report (Section 106(b)(2)(v)(I));

   2. Federal, State, or local government entities, or any agent of such entities, having a need for such information in order to carry out its responsibilities under law to protect children (Section 106(b)(2)(v)(II));

   3. child abuse citizen review panels (Section 106(b)(2)(v)(III));

   4. child fatality review panels (Section 106(b)(2)(v)(IV));

   5. a grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury (Section 106(b)(2)(v)(V)); and

   6. other entities or classes of individuals statutorily authorized by the State to receive such information pursuant to a legitimate State purpose (Section 106(b)(2)(v)(VI));

   This requirement is currently in place:_____

6. Provisions which allow for public disclosure of the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality (Section 106(b)(2)(vi);

   This requirement is currently in place:_____

7. The cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate State agencies providing human services in the investigation, assessment, prosecution, and treatment of child abuse or neglect (Section 106(b)(2)(vii));

   This requirement is currently in place:_____

8. Provisions requiring, and procedures in place that facilitate the prompt expungement of any records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated or false, except that nothing in this section shall prevent State child protective services agencies from keeping information on unsubstantiated reports in their casework files to assist in future risk and safety assessment (Section 106(b)(2)(viii));

   This requirement is currently in place:_____

9. Provisions and procedures requiring that in every case involving an abused or neglected child which results in a judicial proceeding, a guardian ad litem, who may be an attorney or a court appointed special advocate (or both), shall be appointed to represent the child in such proceedings--

   1. to obtain first-hand, a clear understanding of the situation and needs of the child (Section 106(b)(2)(ix)(I)); and

   2. to make recommendations to the court concerning the best interests of the child (Section 106(b)(2)(ix)(II));

   This requirement is currently in place:_____

10. The establishment of citizen review panels in accordance with Subsection 106(c) (Section 106(b)(2)(x));

    This requirement is currently in place:_____

11. Provisions, procedures, and mechanisms to be effective not later than two years after the date of the enactment of this section (10/3/98)--

    1. for the expedited termination of parental rights in the case of any infant determined to be abandoned under State law (Section 106(b)(2)(xi)(I)); and

    2. by which individuals who disagree with an official finding of abuse or neglect can appeal such finding (Section 106(b)(2)(xi)(II));

    This requirement is currently in place:_____

12. Provisions, procedures, and mechanisms to be effective not later than two years after the date of the enactment of this section (by 10/3/98) that assure that the State does not require reunification of a surviving child with a parent who has been found by a court of competent jurisdiction--

    1. to have committed a murder (which would have been an offense under section 1111(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child or such parent (Section 106(b)(2)(xii)(I));

    2. to have committed voluntary manslaughter (which would have been an offense under section 1112(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the Unites States) or another child or such parent (Section 106(b)(2)(xii)(II));

    3. to have aided or abetted, attempted, conspired, or solicited to commit such murder or voluntary manslaughter (Section 106(b)(2)(xii)(III)); or

    4. to have committed a felony assault that results in the serious bodily injury to the surviving child or another child of such parent (Section 106(b)(2)(xii)(IV));

    This requirement is currently in place:_____

13. an assurance that, upon the implementation by the State of the provisions, procedures, and mechanisms under number 12 above, conviction of any one of the felonies listed in number 12 above constitute grounds under State law for the termination of parental rights of the convicted parent as to the surviving children (although case-by-case determinations of whether or not to seek termination of parental rights shall be within the sole discretion of the State) (Section 106(b)(2)(xiii)); and

    This requirement is currently in place:_____

14. An assurance that the State has in place procedures for responding to the reporting of medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions), procedures or programs, or both (within the State child protective services system), to provide for--

    1. coordination and consultation with individuals designated by and within appropriate health care facilities (Section 106(b)(2)(B)(i));

    2. prompt notification by individuals designated by and within appropriate health-care facilities of cases of suspected medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions) (Section 106(b)(2)(B)(ii)); and

    3. authority, under State law, for the State child protective services system to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may be necessary to prevent the withholding of medically indicated treatment from disabled infants with life-threatening conditions (Section 106(b)(2)(B)(iii));

    This requirement is currently in place:_____

15. An assurance or certification that the programs or projects relating to child abuse and neglect carried out under part B of title IV of the Social Security Act comply with the requirements set forth in paragraph (b)(1) of section 106 and this paragraph (Section 106(b)(2)(D); and

    This requirement is currently in place:_____

16. An assurance that the State has in place authority under State law to permit the child protective services system of the State to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, to provide medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated treatments from disabled infants with life-threatening conditions (Section 113).

This requirement is currently in place:_____

Signature of Chief Executive Officer: ______________________________________

Date: ___________________________

---

ATTACHMENTS

Attachment A-    Title IV-B Child And Family Services Plan: Assurances
Attachment C-   Certifications    (Note: This link will open up another window)

Attachment D: CFS 101

Part I CFS-101 Instructions CFS-101 Part I: Instructions Part I, Annual Budget Request Part II Part II, Instructions Part II, Annual Summary of Child and Family Services Title IV-B, Sub-part 1 Child Welfare Services FY 1999 Child Welfare Services Funds for Indian Tribes Title IV-B, Sub-part 2 -- Promoting Safe and Stable Families: FY 2000 Estimated Allotment at $295,000,000 Estimated FY 2000 Funds for Indian Tribes FY 1999 Funds for States FY 1999 Funds for Eligible Indian Tribes Independent Living Program CAPTA

Attachment E:   ACYF-PI-93-16, December 10, 1993
Attachment F:   ACYF-PI-CB-98-05, April 28, 1998
Attachment G:   ACF Regional Administrators