Assignment - HSM Law Profile Paper
Assignment - HSM Law Profile Paper
CSU - Dominguez hills
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Date Created: 11/16/15
CAPTA Profile 1 CAPTA Profile UOP STUDENT Axia College of University of Phoenix CAPTA Profile 2 CAPTA Profile According to Yen (2009) an instance of child abuse is reported in the United States once every 10 seconds. Children who are abused may walk away from their abuse with little visible scarring, but every day in the United States four children die as a result of injuries suffered from child abuse (Yen, 2009). What is being done to protect these young and innocent individuals? In 1974 legislation was passed and the Child Abuse Prevention and Treatment Act (CAPTA) was born. The goal of CAPTA is to reduce the instances of child abuse in the United States by creating treatment programs for those who engage in child abuse, educating individuals to prevent child abuse, and mandating that certain professions report suspected child abuse (U.S. Department of Health and Human Services, 2009). Purpose of CAPTA Under CAPTA, the Secretary of the Health and Human Services Department `created an office called The Office on Child Abuse and Neglect. The purpose of this office is to oversee the organizations and individuals affected by CAPTA. This office has a board of advisors that is made up of individuals who interact with children on a professional basis including doctors, social workers, teachers, psychologists, and law enforcement. This advisory board makes recommendations on preventing family violence, proposes changes that are needed in Federal and State laws, and facilitates a program for data collection to coordinate information at national, state, and local levels (U.S. Department of Health and Human Services, 2009). CAPTA provides grants to states to help with the prevention of child abuse. According to Cornell University Law School (2009), monies are granted to states based on the number of CAPTA Profile 3 children residing within said state. These funds are then used to improve the Child Protective Service agencies handling of abuse and neglect cases including creating protocols that will be used to investigate cases of abuse, improving legal representation of the abused, and improving the system by setting up strict guidelines for ongoing case management. The grants that are provided to states can be revoked if a state does not comply with the requirements of the grant, including giving reports to the Secretary of Health and Human Services detailing just how the funds will be used by the State. CAPTA does not just grant money to public organizations who deal with abused and neglected children. Because of CAPTA, certain professionals are considered mandatory reporters of suspected child abuse. These professions include, but are not limited to, doctors, psychologists, teachers, day care providers, law enforcement officers, and social workers. These individuals are frequently the ones who will prompt an investigation. CAPTA also offers grants to organizations who assist individuals with adoption and individuals who adopt. Specifics are also set requiring background checks for certain individuals who will be working with children. Information Individuals who are seeking more information on CAPTA and its implications are lucky to have many resources to turn to. The first place an individual can find assistance is with his or her Department of Job and Family Services. This is a government agency in place in every county in every state. Human service professionals will gain the most information from turning to the management within his or her organization. Because those in the human services field deal with this legislation on a daily basis, the management team should be well versed in CAPTA. Individuals can also use the internet to obtain information, being cautious of the sources of CAPTA Profile 4 information. The most accurate information will come from a state’s own Department of Health and Human Services website. Links can also be found to many law schools where more credible information can be found. DaytoDay Implementation The most common daily implication of CAPTA for human service professionals is mandatory reporting. Individuals who interact with families due to their professions may be the first people to see that there is a problem within a family. Catching child abuse at its start can be a deterrent to future abuse. Oftentimes, families who need assistance from human service organizations are under stress and stress is one of the leading causes of child abuse. Stepping in to protect a child is not only ethical, but for certain professions it is the law. For those who work within the Department of Job and Family Services, it is imperative that they know the basic requirements of CAPTA. Children who are victims of child abuse are required by CAPTA to have the services of an advocate whose sole allegiance is to the child. In Clark County, Nevada, the citizens are suffering from loss of funds due to their government’s nonadherence to CAPTA guidelines. According to the National Center for Youth Law (NCYL) (2008), in Clark County alone over 1,000 children who are subjects of child protection proceedings have not been appointed an attorney or Court Appointed Special Advocate. This is a clear violation of CAPTA and leaves these children without appropriate legal counsel and protection. Nevada has received hundreds of thousands of dollars from CAPTA grants, and because of this violation will lose future funding. Consequences CAPTA Profile 5 For those organizations that choose to ignore CAPTA regulations, the ramifications can be far reaching. Organizations that protect children from abuse and neglect and try to prevent future cases of abuse rely on the government to provide funding for programs that will help obtain their goals. When these organizations lose their funding, their programs to prevent abuse must be abandoned. This could cause an increase in the number of abuse cases the state sees because there is no education on prevention for its citizenry. Shelters that provide emergency sanctuaries to those individuals needing a break from parenting can be shut down, leaving a stressed parent nowhere to turn. This becomes a problem not only for the organization, but for the community as well. Individuals begin to lose faith in an organization that cannot protect the people it is supposed to. This lack of faith leads to individuals not reporting instances of child abuse for fear that their concerns will not be taken seriously, the child will not be fully protected, or that there will be no funding to help the family needing intervention. Opposition Surprisingly, some individuals and organizations do not support CAPTA and would like to see an end to Child Protective Services as a whole. The chief complaint of these individuals is that abused children are exploited for a state to get funding. Coffman (2008) states that because of the grants provided to states when a child is adopted, states will be more apt to adopt a child out than to work on solving the problems that brought the abuse on and reunite the family. In 1999, the first year statistics are available after the 1997 implementation of adoption incentives, California reported a 59% increase in the number of children adopted resulting in an additional $4, 377,740 in bonuses from the federal government (Coffman, 2008). This is one of the reasons some have a strong opposition to CAPTA. Another reason some do not agree with CAPTA is CAPTA Profile 6 their belief that the system rewards states for keeping children in foster care rather than working on reuniting the family. Sigmund Freud’s daughter, Anna, a child psychologist, is one who subscribes to this line of thinking. Anna’s belief is that the family unit needs to be intact for a child to be emotionally healthy; foster care should be limited to short periods of time required for a parent to seek assistance in resolving the issues that led to abuse. CAPTA may not be the perfect solution to a growing problem, but it is a place to start. Educating parents on abuse and how to prevent it is key. Emergency nurseries where atwits end parents could leave their children for a few hours may help to prevent some instances of abuse. The funding provided by CAPTA can help to put these two suggestions into place if states follow the requirements of the legislation and are held accountable when they do not. CAPTA Profile 7 References Coffman, Damon. (2008). Fight CPS. Fight CPS. Retrieved January 10, 209, from http://fightcps.blogspot.com/2005/05/whywhatismotivationpart1.html Cornell University Law School (2009). U.S. code collection. Retrieved January 9, 2009, from http://www4.law.cornell.edu/uscode/42/usc_sec_42_00005106a000.html National Center for Youth Law (2008). NCYL fights for changes in Nevada child welfare system. Retrieved January 11, 2009, from http://www.youthlaw.org/policy/advocacy/ncyl_fights_for_changes_in_nevada_child_we lfare_system/ U.S. Department of Health and Human Services (2009). Child abuse prevention and treatment act. Retrieved January 9, 2009, from http://www.acf.hhs.gov/programs/cb/laws_policies/cblaws/capta/index.htm Yen, Daniel. (2009). The latest child abuse statistics. EzineArticles. Retrieved January 10, 2009, from http://ezinearticles.com/?TheLatestChildAbuseStatistics&id=441580
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