On January 7, Public Law 115-424, the Victims of Child Abuse Act Reauthorization Act of 2018, was enacted.
The Victims of Child Abuse Act Reauthorization Act of 2018 was enacted in January 2019. The law amends the Child Abuse Prevention and Treatment Act. CAPTA was created in 1974 and is the only piece of federal legislation that targets prevention, assessment, identification and treatment of child abuse and neglect. CAPTA provides states with grants for primary prevention and capacity-building related to child abuse and neglect.
Among other themes, the reauthorization of CAPTA includes amendments and stipulations about grants for states and provisions for immunity for people who report, in good faith, about child abuse/neglect. The law amends the provision to provide immunity from civil and criminal liability (it previously provided immunity from only prosecution) for people who report child abuse/neglect or who provide information/assistance, including medical evaluations or consultations, in connection with a report, investigation or legal intervention. Previous iterations of CAPTA already provide immunity from federal law for the same people/circumstances.
Another amendment allows the court to award attorney’s costs incurred by the defendant if the defendant wins in a federal civil action. The law is effective upon enactment.
This change has also been reflected in the Child Welfare Policy Manual at Section 2.1, Question 1, which asks, “Must the policies that are the subject of the CAPTA assurances be embodied in State statutes?” As of Jan. 29, 2019, this question now states five assurances in CAPTA that requires provisions in state law. These are:
- A law for mandatory reporting by individuals required to report child abuse and neglect (section 106(b)(2)(B)(i)).
- Provisions for immunity from civil or criminal liability under state and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect, or who otherwise provide information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect (section 106(b)(2)(B)(vii)).
- Upon implementation of provisions, procedures or mechanisms to assure that the state does not require reunification of a surviving child with a parent who has committed certain felonies, that conviction of any one of those felonies constitute grounds under state law for the termination of parental rights of the convicted parent as to the surviving children (section 106(b)(2)(B)(xvii)).
- Authority under state law for the state CPS 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)(C)(iii)).
- Authority under state law to permit the state's CPS system 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(b)).
New guidance from the Children’s Bureau on Family First Prevention Services Act (FFPSA) Clearinghouse released
A letter was sent to state child welfare directors in January 2019 that highlights and clarifies requirements state title IV-E agencies must meet related to the prevention program: ACYF-CB- PI-18-09 program instruction.
The letter also discusses establishing the Title IV-E Prevention Services Clearinghouse by the Children’s Bureau and Office of Planning, Research and Evaluation (OPRE). Additional information, including a more detailed description of the revised initial criteria, procedures for systematic review and re-review, and definitions of key terminology in the forthcoming Prevention Services Clearinghouse Handbook of Standards and Procedures, which will be issued in early April 2019.
Updated National Model Foster Family Home Licensing Standards released by the Children’s Bureau
On February 4, the Administration for Children, Youth and Families (ACYF) released an information memorandum, ACYF-CB-IM-19-01opens in new window regarding National Model Foster Family Home Licensing Standards.
Table 1. Summary of the National Model Foster Family Home Licensing Standards
|
Subject Standards |
Standards and Summary |
|
Summary – Foster Family Home Eligibility – Threshold Requirements |
The foster family home eligibility standards provide threshold requirements for licensing a foster family home to assess the applicant's:
The minimum age for applicants is 18. Applicants must be financially stable to meet their family's needs prior to placing a foster child in the home. The communication standards are flexible in that applicants must be able to communicate with the title IV-E agency, service providers, and a child in foster care. At least one applicant in the home must have functional literacy to ensure at least one applicant reads and writes at the level necessary to participate effectively in the community in which they live. |
|
Summary - Foster Family Home Eligibility - Physical and Mental Health |
A. The physical and mental health standards ensure each applicant is physically, mentally, and emotionally capable of caring for an additional child or children through a required physical exam from a licensed healthcare professional conducted within the prior 12 months. a. Household members must provide: i. health history, including ii. any history of drug or alcohol abuse or treatment, and must disclose any current mental health or substance abuse issues. B. The model also includes language clarifying that the title IV-E agency may require additional documentation or evaluation in this area to determine whether the home is suitable (as may be necessary to fully understand whether the mental or physical health of an applicant or household member would be relevant to licensing). C. Physical and mental health standards also include immunization requirements to prevent exposing children in foster care to potentially-life threatening communicable diseases. These requirements apply unless the immunization is contrary to the individual’s health as documented by a licensed healthcare professional. For children who are household members, the model requires that they be up to date on immunizations consistent with the recommendations of the AAP, the ACIP, and the AAFP. D. Consistent with the recommendations of the ACIP, all household members who will be caregivers of infants must have an up-to-date pertussis (whooping cough) vaccine and annual influenza vaccine, and all household members who will be caregivers of children with special medical needs must have an up-to-date annual influenza vaccine. |
|
Summary – Foster Family Home Eligibility - Background Checks |
A. The background check standards mirror the requirements under section 471(a)(20)(A) and (B)(i) of the Act which requires title IV-E agencies: a. to perform criminal record checks (fingerprint-based checks of national crime information databases (as defined in section 534(f)(3)(A) of title 28, United States Code) for any prospective foster parent b. to check any child abuse and neglect registry maintained by a state or tribe for information on any applicant and on any other adult living in the prospective foster family home c. to request a check of any other child abuse or neglect registry in a state or tribe in which any such applicant or other household adult has resided in the preceding five years. B. In accordance with section 471(a)(20)(A)(i) and (ii) of the Act, the title IV-E agency must not grant final approval to the applicant if a criminal record check reveals a felony conviction for: Child abuse or neglect a. Spousal abuse b. A crime against children (including child pornography) c. A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery d. Physical assault, battery, or a drug-related offense within the last five years. |
|
Summary - Foster Home Eligibility - Home Study |
A. Broad home study standards that requires the title IV-E agency to conduct in-person and on-site interviews and obtain references for all applicants were proposed. a. An applicant must have completed an agency home study, including: i. at least one scheduled on-site visit to the home ii. at least one scheduled in-home interview for each household member iii. multiple applicant references (including at least one from a relative and one from a non-relative). B. The model standards specify that the title IV-E agency has discretion on whether to interview or observe each household member based on his or her age and development. For example, if a title IV-E agency were to adopt this model standards as written, this would give the title IV-E agency flexibility to observe rather than interview an infant or severely developmentally disabled child. |
|
Summary – Foster Family Home Health and Safety – Living Space & Condition of the Home |
A. These standards apply to the foster family home itself, which includes the grounds and all structures found on the grounds. a. These standards are written broadly to: i. address the large amount of variance in home hazards across jurisdictions ii. prevent potential biases against rural or urban families. B. These standards are divided into two sections: Living Space and Condition of the Home. . Living Space . The living space standards are flexible in order to determine that the applicant’s dwelling (house, mobile home, housing unit, or apartment) includes basic essentials such as: 1. adequate safe drinking water (which may include water from a municipal drinking source, a private well, or other source) 2. properly operating kitchen facilities 3. a properly operating toilet, sink, and tub or shower 4. heating and/or cooling 5. a working phone (or access to a working phone in walking distance). a. Condition of the Home . The condition of the home standards address the overall condition and safety of the home to ensure it is safe and in a reasonable state of repair considering the community where the home is located. 1. Housing must be safe and clean 2. The interior and exterior must be free from dangerous objects and conditions, and from hazardous materials (meaning that any danger presented by these objects, conditions or materials must be mitigated) 3. The home must have adequate lighting, ventilation, proper water temperature, and proper trash and recycling disposal (if recycling is available where the home is located) 4. The home must be free from rodents and insect infestations, and pets must be vaccinated in accordance with state, tribal and local law. 5. The standards include specific safety requirements for weapons, pools, hot tubs and spas as these pose a particular preventable danger to children. a. Weapons and ammunition must be (separately) stored, locked, unloaded, and inaccessible to children. 6. Swimming pools, hot tubs, and spas must meet the listed requirements to ensure they are safe and hazard free (and additionally must meet all state, tribal and/or local safety requirements). 7. The home must have conditions which prevent the child’s access to all medications, poisonous materials, cleaning supplies, other hazardous materials, and alcoholic beverages as appropriate for his or her age and development. |
|
Summary - Foster Family Home Capacity |
A. The foster family home capacity standards mirror the requirements at section 472(c)(1)(A)(ii)(III) of the Act that the total number of children in foster care in a foster family home, must not exceed six, unless an exception outlined in section 472(c)(1)(B) of the Act applies. |
|
Summary - Foster Family Home Sleeping Arrangements |
A. Applicants must provide a safe sleeping space including sleeping supplies, such as a mattress and linens, for each individual child, as appropriate for the child’s needs and age and similar to other household members. Foster parents must not co-sleep or bed-share with infants. |
|
Summary - Emergency Preparedness, Fire Safety, and Evacuation Plans |
A. The standards help protect children and household members from harm in the event of an emergency, a fire, or a need to evacuate. a. The applicant’s home must have i. at least one smoke detector and one carbon monoxide detector on each level of occupancy of the home and at least one of each near all sleeping areas ii. an operable fire extinguisher. iii. free of obvious fire hazards iv. have first aid supplies. v. a written evacuation plan in a prominent place in the home (e.g., on a refrigerator or family bulletin board), and review it with the child. B. Safety procedures and emergency plans, and the communication thereof, increase the probability of safety and injury prevention for household members. Emergency readiness information provided by the Department of Homeland Security is available at https://www.ready.govopens in new window. |
|
Summary- Transportation |
A. The transportation standards focus broadly on the applicant having a reliable, legal, and safe mode of transportation for a child in foster care to attend appointments, visitation, and meetings. B. The standards allow for safe transportation arrangements with family friends, and teen household members as appropriate. |
|
Summary - Training |
A. The training standards include both pre-licensing and ongoing training and include mandatory pre-licensing training topics. B. The purpose of the pre-licensing training standards is to provide information to applicants so they can make an informed decision about their commitment to foster a child. In addition, the pre-service training is to prepare the applicant to be licensed as a foster parent. C. The ongoing training is to ensure the foster parents receive ongoing instruction to support their parental roles and remain up to date on policies, requirements, and services. |
|
Summary - Foster Parent Assurances |
A. There are four foster parent assurances broadly written to apply across title IV-E jurisdictions which cover corporal punishment, alcohol and drug use, the reasonable and prudent parent standard and smoking. a. Applicants will not use corporal or degrading punishment. b. Applicants will not use any illegal substances, abuse alcohol by consuming it in excess amounts, or abuse legal prescription and/or nonprescription drugs by consuming them in excess amounts or using them contrary to as indicated. c. Applicants and their guests will not smoke in the foster family home, in any vehicle used to transport the child, or in the presence of the child in foster care. d. Applicants will adhere to the title IV-E agency’s reasonable and prudent parent standard per section 472(c)(1)(A)(ii)(I) of the Act. B. Title IV-E agencies may wish to develop additional assurances as appropriate to their jurisdiction. |
Source: National Model Foster Family Home Liscensing Standards available: https://www.acf.hhs.gov/sites/default/files/cb/im1901.pdfopens in new window
New Child Welfare Bills introduced in the 116th Congress
The Trafficking Victims Housing Act (H.R. 508) has been introduced by Rep. Joyce Beatty, and referred to the House Committee on Financial Services. The Trafficking Victims Housing Act aims to study and report on the housing and service needs of victims of trafficking and individuals at risk for trafficking, including the families of those individuals who are minors and youth involved in the foster care system. The United States Interagency Council on Homelessness, in coordination with the United States Advisory Council on Human Trafficking, the Department of Housing and Urban Development, the Administration for Children and Families of the Department of Health and Human Services, and the Department of Justice, and in consultation with the National Advisory Committee on Sex Trafficking of Children and Youth in the United States and direct service providers and housing and homelessness practitioners, will conduct a study assessing the availability and accessibility of housing and services for individuals experiencing homelessness who are victims of trafficking, victims of severe forms of trafficking in persons, or at risk of being trafficked.
The Tribal Adoption Parity Act (S. 305) was introduced by Sen.Amy Klobuchar (D-MN) on Jan. 31, 2019, and referred to the Committee on Finance. This bill allows Indian tribal governments to determine whether a child has special needs for the purposes of the adoption tax credit. This is a practice that states have had for many years and just expands tribal governments the same abilities to make these determinations that state governments already have.
We would like to educate you about current events that are happening at the policy level. Should you decide to reach out to an elected official at some point, please do so as an individual and not as a representative of APA. To find out more information about your elected officials, please visit this websiteopens in new window.