Referral Requirements under CAPTA and IDEA
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NECTAC CAPTA topic editor: Evelyn Shaw Most recent additions to this page: Child Maltreatment 2010 (December 2011), Children's Bureau - This annual report provides data collected from the States' child protective services (CPS) agencies via the National Child Abuse and Neglect Data System. See also, past Child Maltreatment reports
Who Are the Infants in Out-of-Home Care? An Epidemiological and Developmental Snapshot (May 2011)
(See also, our Disaster Response Web page, which contains resources to assist individuals working with families and children who have experienced traumatic events.) |
CAPTA and IDEA Laws
The Child Abuse Prevention and Treatment Act Reauthorization Act of 2010 (CAPTA) was signed into law on December 20, 2010, as Public Law 111-320. An Information Memorandum on CAPTA from the Children's Bureau summarizes some of the 2010 changes to the law. See also, Congress Reauthorizes CAPTA. Since 2003, CAPTA has required states that receive CAPTA funds to develop provisions and procedures for the referral of a child under the age of 3 who is involved in a substantiated case of abuse or neglect to Early Intervention Services funded under Part C of IDEA.
The Individuals with Disabilities Education Act (IDEA) 2004, Part C, Section 637(a)(6)(A&B) (State Application and Assurances) has complementary language, requiring states participating in Part C to refer for early intervention services any child under the age of 3 who is involved in a substantiated case of child abuse or neglect; or is identified as affected by illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure.
Resources from NECTAC and Other OSEP-Funded Projects
NECTAC
Fact Sheet: Vulnerable Young Children (May 2008)
NECTAC
(PDF: 253kb)
Conference Calls on Vulnerable Young Children (2007), hosted by OSEP's Part C Identification Community of Practice and the NECTAC Vulnerable Populations Initiative.
Enrolling Young Children Who Have Been Maltreated into Part C (December 2005), Presentation at the 2005 Annual OSEP National Early Childhood Conference.
Minibibliography:
Impact of Abuse, Neglect and Foster Care Placement on Infants, Toddlers and
Young Children (2005) NECTAC
(PDF: 131kb)
Minibibliography: Policy
Issues and Intervention Strategies for Young Children Prenatally Exposed to
Drugs or Alcohol: Selected Resources (2005), NECTAC
(PDF: 108kb)
Implications of the Referral of Children Under the Child Abuse Prevention and Treatment Act (CAPTA) (2004), Conference Call Series hosted by the OSEP Part C Identification Community of Practice.
Project Forum at NASDSE
Implications of the CAPTA Requirement for Referrals from Child Welfare to Part C (January 2007)
Brief Policy Analysis, Project Forum
(PDF: 128kb)
Fetal Alcohol Spectrum Disorder: Several State Initiatives (January 2007), Brief Policy Analysis,
Project Forum
(PDF: 156kb)
Foster Care and Children with Disabilities (February 2005), Quick Turn Around (QTA) Brief,
Project Forum
(PDF: 177kb)
Resources from Initiatives Funded by the U.S. Department of Health and Human Services
Children's Bureau
Child Maltreatment 2010 (December 2011), Children's Bureau - This annual report provides data collected from the States' child protective services (CPS) agencies via the National Child Abuse and Neglect Data System. See also, past Child Maltreatment reports
The Child Welfare Information Gateway, a service of the Children's Bureau, provides access to information and resources on a wide range of topics to help protect children and strengthen families. Some of these include:
- Child Welfare & IDEA Part C (various dates)
- Long Term Consequences of Child Abuse and Neglect (2008)
- Addressing the Needs of Young Children in Child Welfare: Part C - Early Intervention Services (2007)
Information Memorandum on Modifications to the CAPTA State Grant Program by the Keeping Children and Families Safe Act of 2003 (Public Law 108-36) (2003) and Child Welfare Policy Manual, Section 2.1I on CAPTA, Assurances and Requirements, Referrals to IDEA, Part C, for questions and answers related to this policy.
In 2005, the Children's Bureau awarded four 5-year grants to develop model policies and procedures on the provisions of CAPTA related to substance-exposed infants. To learn more, see:
- Collaborative Approaches to Identifying and Serving Substance Exposed Newborns: Lessons Learned from Four Demonstration Projects (September 15, 2009) - A webcast hosted by the National Abandoned Infants Assistance (AIA) Resource Center
- Implementing CAPTA Requirements to Help Substance-Exposed Newborns (2008)
See also, Other National Resource Centers funded by the Children's Bureau with resources relevant to this topic.
National Survey of Child and Adolescent Well-Being (NSCAW)
NSCAW is a multi-year national study of children who are at risk of abuse or neglect or are in the child welfare system. NSCAW reports provide nationally representative longitudinal data from first-hand reports on children, parents, other caregivers, caseworkers and teachers involved with the child welfare system.
National Technical Assistance Center for Children's Mental Health
The National Technical Assistance Center for Children’s Mental Health (NTAC) addresses the mental health needs of children, youth and their families at the policy, research, training/consultation and direct service levels. Some of their publications include:
Office of Planning, Research and Evaluation (OPRE)
Children at Risk in the Child Welfare System:
Collaborations to Promote School Readiness Final Report (2009). Cutler Institute and Oldham Innovative Research.
(PDF: 1187kb) - This report
summarizes findings from a 3 year study funded by the Office of Policy, Research and Evaluation of the
Administration on Children and Families, U.S. Department of Health and Human Services,
to examine the degree to which child welfare agencies,
early intervention/preschool special education programs under IDEA, and early care
and education programs are collaborating to meet the developmental and educational
needs of children ages 0 to 5 who are in the child welfare system.
Substance Abuse and Mental Health Services Administration's (SAMHSA)
The National Center on Substance Abuse and Child Welfare (NCSACW) is jointly funded by SAMHSA and the Children's Bureau. Some resources of interest include:
- Substance-Exposed Infants: State Responses to the Problem. (2009) - Provides an analysis of States’ policies regarding issues such as prevention, intervention, identification, and treatment of prenatal substance exposure, including services for the infant, the mother, and the family.
Fetal Alcohol Spectrum Disorders Center for Excellence - This Web site has a large collection of resources on fetal alcohol spectrum disorders (FASD).
Resources from National Centers
American Academy of Pediatrics (AAP)
AAP policy statements related to child abuse and neglect and children in foster care:
- Maltreatment of Children with Disabilities (2007) AAP
- Evaluation of Suspected Child Physical Abuse (2007) AAP
- Health Care of Young Children in Foster Care (2002) AAP
- Developmental Issues for Young Children in Foster Care (2000) AAP
10 Things Every Pediatrician Should Know
About Children In Foster Care (2009) AAP
(PDF: 400kb)
See also, the AAP's Web page on Child Abuse and Neglect.
Center on the Developing Child at Harvard University
The Center on the Developing Child at Harvard University has published numerous resources on how adversity in early childhood can impact early childhood development. Some of these include:
- Online webcasts and presentations from the National Symposium on Early Childhood Science and Policy, held on June 26-27, 2008. Topics addressed included: the impact of adverse early experiences on brain development, the characteristics of effective early childhood programs, delivering high-value services to vulnerable young children, and more.
- Reports, working papers and briefs on the science of early childhood, which examine the critical impact of a child's environment and relationships during the first months and years of life on the developing brain.
Chapin Hall at the University of Chicago
Who Are the Infants in Out-of-Home Care? An Epidemiological and Developmental Snapshot (May 2011)
(PDF: 528kb) ,
by Fred Wulczyn, Michelle Ernst, and Philip Fisher. This report discusses the characteristics of infants in foster care,
focusing on key findings across five domains,
including: incidence of first-time placements, duration in care, experiences in care, characteristics, and vulnerability for delayed
development. Although infants in foster care face a number of challenges, the researchers found that early intervention programs,
appropriate therapeutic responses, and caregiver training and support can reduce the harmful effects of stress that these children
experience and improve the odds for better cognitive outcomes.
Institute for Social and Economic Development (ISED)
Developmental Status and Early Intervention Service Needs of Maltreated Children: Final Report (April 2008) - This report provides information on the developmental status and early intervention service needs of children under age three who are substantiated for maltreatment. It is based on an analysis of the National Early Intervention Longitudinal Study (NEILS) and the National Survey of Child and Adolescent Well-Being (NSCAW).
National Indian Child Welfare Association (NICWA)
The National Indian Child Welfare Association provides public policy, research, and advocacy information and training on Indian child welfare and community development services to a broad national audience It is the only national Indian organization focused on child abuse and neglect issues that impact Indian children and families. NICWA also works to support compliance with the Indian Child Welfare Act of 1978 and other key legislation to support American Indian children and families.
Urban Institute
Vulnerable Infants and Toddlers in Four Service Systems (2007) - This report examines the characteristics of vulnerable young children in four service systems: Early Head Start; the Special Supplemental Nutrition Program for Women, Infants, and Children; the Child Welfare System; and the IDEA Part C Early Intervention Program. Data suggest that the children and families in these systems have notable similarities. The authors suggest that policy initiatives to support young children’s development might benefit from integrating common lessons from the different systems' research findings.
ZERO TO THREE: the National Center for Infants, Toddlers and Families
Healthy Beginnings, Healthy Futures: A Judge’s
Guide (October 2009)
(PDF: 2,781kb) - Provides information on child development, attachment, physical health, infant mental health, and early
care and education. Produced by the American Bar Association's Center on Children and the Law, in collaboration with the National
Council of Juvenile and Family Court Judges and the ZERO TO THREE National Policy Center.
Developmental Problems of Maltreated Children and Early Intervention Options for Maltreated Children (2007) - Developed by ZERO TO THREE in collaboration with the Institute for Social and Economic Development (ISED), this literature review examines common developmental problems that occur as a result of maltreatment in infants and toddlers under the age of 3 and the positive impact of early intervention for these vulnerable young children.
From Science to Public Policy: Early Intervention for Abused and Neglected Infants and Toddlers (2006)
See also, ZERO TO THREE's Web page on Child Maltreatment.
