Analyzing A Social Policy

Published Date: 02 Nov 2017

Ethics and Social Justice | HUM220 A04

Linda C Carlisle

Argosy University

Analyzing a Social Policy

When our level of poverty and need for assistance is so great, it is difficult to understand why individuals feel more at ease contributing funds to other countries when some of that funding could be utilized to alleviate a majority of our own country’s issues; even the untaxed wealthy effects both the poor and rich regions.

Child Abuse Prevention and Treatment Act (CAPTA)

The 1950s was an era that touched on the beginning of child maltreatment. After a medical journal was published an article, entitled "Battered-Child Syndrome," by Dr. C. Henry Kempe, and his colleagues, Americans, all across the United States felt the urgency in protecting and preventing child from being victims of maltreatment. The article by Dr. Kempe led millions of American to advocate against child maltreatment thus essentially leading all states in the United States to enact a form of legislation aimed at adopting mandatory laws intended to stop severe child abuse. The legislation, in essence, reshaped the American view of child abuse and also renamed public child welfare agencies Child Protective Service (CPS) agencies; the change in legislation led to the enactment of CAPTA (P.L. No. 93-247).

The Child Abuse Prevention and Treatment Act (CAPTA), established in 1974, was created to deter, evaluate, examine, prosecute and treat child maltreatment, to provide grants to public agencies and non-profit organizations, including Tribes and Tribal organizations. The National Center for Child Abuse and Neglect (NCCAN) within the Human Health Services (HHS) hold the responsibility of regulating guidelines toward reporting and investigating child abuse based on anonymity, while also developing preventive and educational awareness programs designed to reduce child maltreatment rates. However, since its enactment CAPTA has researched more increasing reports of child maltreatment over the last 30 years (Jiminez, 2010).

Problems to Solve

Funding designed to remove children from their homes and being placed in the foster care systems needs to be reevaluated. Although Congress initially denied funding to assist with families directly, incentives, like TANF, SNAP and Medicaid should reconsider other options to support families in need without removing children from their homes permanently. Allegations of maltreatment should be investigated thoroughly then followed up by a CPS lawyer, to ensure the safety of children are being met accordingly, without removing children from their homes, or denying families the assistance they need. Inadequate incentives will only increase the removal of children being placed in situations that could otherwise been alleviated. For example, providing better programs designed to assist families in need, upon maltreatment allegations, could possibly encourage single parents or families to do better at providing necessary essentials for their children, economically and educationally. Similar to the Adoptions and Safe Families Act (AFSA), except this policy is designed to support the termination of parental rights and adoptions. "Another concern with the ASFA is that family preservation programs and adoptions are funded from the same pool of money, which could result in one program receiving less financial support" (Perez, 2010).

Parenting programs are not always effective, so having a back-up available to assist families in their skills could prove to have better outcomes. Children should only be removed from homes in extreme cases of abuse, like physical and sexual maltreatment, exploitation, or drug abuse. Living in poverty does not necessarily grant CPS agencies or workers to remove a child from their without in-depth investigative efforts, and with caseworkers being overloaded with cases, it is unlikely that every case report will be investigated. Measures should be incorporated into the HHS to provide extra incentives for agencies to be able to conduct timely investigations.

Poverty guidelines for assistance in TANF, SNAP, Medicaid, and supplemental income need to be reconsidered to allow individuals a broader spectrum of allowance to ensure that all Americans are offered the same consideration of assistance where it is needed. Poverty level guidelines at unrealistic levels, based off income allowance, do not provide the same amount of equality to all Americans under the Supplemental Nutrition Assistance Program (SNAP) or Medicaid program.

History of Issues

Poverty is one of the biggest ongoing issues involving maltreatment to children. Poverty places single parents in situations that are often unavoidable under the statutes of abuse. Previous cases of child abandonment, although not intentional, have resulted in children being removed from parents for months, sometimes years. Individuals who have felt victimized by state laws have the impression that CAPTA rejects assisting the poor, that a public agency would rather circumvent measures of assistance just to receive state funding.

While this may ring true with others, it is not necessarily just. There are broad areas and levels of assistance available for the poor and needy. Programs like housing (e.g., Housing Assistance) and energy assistance (e.g., LIHEAP) is also available; however, it is the guidelines in which one is considered applicable of such grants that deem to be the biggest issue. For example, the poverty level for a family of four is $23, 050 for a year (HHS, 2012). Families that exceed that amount by just a few dollars is deemed unqualified, even though parents are struggling to maintain health care, food, housing and other needs. Not considering an overage allowance of a few dollars, like 20 or 30 dollars, is unjustified – refusing to incorporate or even consider minor overages into account has left our nation at a very high level of poverty.

Block grants issued to States for Social Services are designed to aid in providing services aimed at achieving or maintaining preventions, reductions, or eliminations of neglect, abuse, and exploitation of children and adults (e.g., elderly) while also providing assistance to institutions where other care is not appropriate (Social Security, 2013).

Various Theories and Important Causes

Theories, based on research, like rural areas and lack of education, are said to be large contributors to poverty.

Corruption:

Corruption is both a major problem and result of poverty within the United States and around the world. Occurring on "all levels of society, from local and national governments, civil society, judiciary functions, large and small businesses, military and other services and so on" (Shah, 2011). Nationwide, the active involvement and representation by Americans can be weakened by corruption; the standard of living for individuals gets worse from the influences of corruption. "…if governments need to, they tax the population further to try and make up for the lost revenues from businesses that have evaded taxes" (Shah, 2013). With the government taxing the population their actions will continue to deviate from utilizing funds for other programs (e.g., CPS agencies and non-profit organizations) intended to reduce and prevent poverty, maltreatment, and other issues connected to CAPTA.

Education:

Illiteracy has continually been linked to poverty, and has always been considered the pathway to economic and social failure. Individuals who come from a cultural background of illiteracy are twice as likely to become illiterate, as their parents, thus passing the same traits off to the next generation (MMBrico, 2006). Researchers believe that education provides a better ground essential for future success while also alleviating further outbreaks of poverty. Illiteracy issues lead to failure in areas of job employment and other fundamental social and personal attributes.

Inequality:

The gap between the rich and poor is overwhelmingly attributed to poverty. Tax breaks and loopholes spent on the poor do not include Social Security or Medicaid. Other areas of loophole issues include corruption between the Fortune 500 companies "collectively spending $476 million sucking up to Congress" (Parker, 2012). The funding that is used to fulfill mortgage interests, employer-paid health insurance, retirement plans, and Medicaid benefits could be cut back and used to aid programs designed to fight poverty. Ensuring a platform dedicated to using taxes from the wealthy could be implemented in a manner that is conducive to preventing further increases in poverty.

Marriage:

A two-income family gives a broader spectrum to combining income and preventing measures of illiteracy, education and fundamental necessities being provided to children. However, given the current economic deficit, combined incomes may not satisfy the overall factors contributing to poverty. Although the long-term projection of stability seems more plausible, poverty can still strike families that are doing well. For example, living beyond the gross-average mean, extravagant purchases (e.g., big houses, flat screen televisions) can lead to families having bigger financial shortfalls; bigger purchases by individuals is quickly becoming known as the "New ‘Poor.’" As stated by Robert Rector, "Changes in the new Obama reform, which changed the poverty standards for many families, like a family of four is now between $39,000 to $43,000; incentives of this sort keeps the huge disconnect between the way the government and society describes poverty and the way the media presents it" (The Heritage Foundation, 2012).

Migration:

"Media coverage has attributed the findings regarding poverty chiefly to the effects of a growing immigrant population composed of many low income families" (Chapman & Bernstein, 2003).

Rural poverty:

Rural poverty rates are usually much higher than suburban areas and nearly as high as inner city areas (Weber, 2008). Economically marginalized housing and communities pose a higher risk of child abuse because they "lack official status and have limited access to available services" (Unicef, 2012).

Unemployment:

During the years 1990 to 2008, "Each 1 percent increase in unemployment was associated with at least a 0.50 per 1,000 increases in confirmed child maltreatment, in 2009" (Science Daily, 2010). Increased rates of unemployment appear the raise rates of child abuse due to previous years of unemployment influencing child abuse.

According to Science Daily (2010), a study, conducted by the American Association of Pediatrics (AAP), states that:

"Prolonged rises in unemployment rates is not only detrimental to the economic health of the country but also to the physical and mental health of children. Maltreated children suffer the immediate physical consequences of abuse, including physical injury and even death, and are also at increased risk of physical and mental health effects, often lasting for decades."

Policy Objectives

Overt and Covert Objectives

Protect the best interests of children and adults in relation to all forms maltreatment and utilize measures designed for preempting abuse: sexual, mental, physical, and emotional exploitation, housing, food and clothing, education, and health care. Promote the stability and security of health and safety measures reflective upon foster or adoptive care. The beginning of the Act states (Child Welfare, 2010),

"Federal funding is provided to the States in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations, including Indian Tribes and Tribal organizations, for demonstration programs and projects and also identifies the role in supporting research, evaluation, technical assistance, and data collection activities; established the Office on Child Abuse and Neglect; and mandates Child Welfare Information Gateway. CAPTA also sets forth a minimum definition of child abuse and neglect."

Values

In 2010 CAPTA was reauthorized to amend the Child Abuse Prevention and Treatment Act, the Family Violence Prevention and Services Act, the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978, and the Abandoned Infants Assistance Act of 1988, to reauthorize the Acts, and for other purposes (Child Welfare, 2010). The result of the reauthorization did not implement changes to the attorney and Guardian Ad Litem areas because of state and local costs; however, the provisions were incorporated in the area of child representation within the courts.

The Act’s amendments encourage HHS to support activities that build and share knowledge, or support training, on issues related to:

Newborns with fetal alcohol spectrum disorder:

"Expect to see more newborns referred to CPS for prenatal drug and alcohol exposure. Intervening early through safety plans that promote the health and well-being of these children will be key" (ABA, 2013).

No reunification required for parents convicted of sexual misconduct:

 "States will bypass reunification efforts and proceed to alternative permanency planning when a parent has sexually abused a child" (ABA, 2013).

Criminal record and child abuse/neglect registry checks:

"If other adults live in the home of prospective foster or adoptive parents, efforts should be made to ensure criminal record checks are conducted on those adults before a placement is made or federal kinship guardian assistance is provided" (ABA, 2013).

CPS agencies to better track cases:

"Requires greater clarification on the specific requirements of the technology systems and their integration with other case tracking systems" (ABA, 2013).

Child welfare agency data:

"Enhancements in statewide data collection so that new statistical information is available on CPS staff individual workloads and training, number of referrals to CPS of newborns with drug exposure or FASD, and number of infants/toddlers who, after identification as a child maltreatment victim, receive IDEA Part C services" (ABA, 2013).

Promotion of family involvement, collaboration, and use of differential response:

"Encourages family participation in case planning and placement decisions, collaboration by child welfare agencies and domestic violence programs in cases involving family violence, and use of differential response in child maltreatment cases" (ABA, 2013).

Participation for former victims and homeless advocates in system reform:

"More participation by earlier foster children advocating to restructure state child protection systems" (ABA, 2013).

Development and training:

"Closer scrutiny of jurisdictional reasons for screening out child maltreatment reports should help resolve complications and inform future practice" (ABA, 2013).

HHS grant programs:

  "Prevention of child abuse and neglect, prevent and better respond to domestic violence, and promote adoption will continue for another five years; keeping adoptions intact as extensions of these programs" (ABA, 2013).

Populations Targeted (Size and Demographics)

"An expansion of Child Protection Services’ (CPS) target population to include infants who have Fetal Alcohol Spectrum Disorder (FASD). An additional requirement included in the law requires the Governor of the state to sign off that all the assurances are fulfilled statewide, and to increase collaboration between CPS, domestic violence, and other service" (Wendgrovius, 2011).

Intended and Unintended Effects of Policy

Intended Effects

"Congress does want HHS to issue regulations instructing states to comply with the CAPTA requirements concerning the release of public information in the cases of child fatalities or near fatalities as the result of child abuse, neglect or maltreatment. Additionally, the law directs HHS to make recommendations regarding regulatory or statutory changes to protect individuals who assist or cooperate with the filing of a mandatory report or provide consultation services to child welfare agencies, health care providers, law enforcement or investigators from law suits" (Wendgrovius, 2011).

Unintended Effects

"For state and local CPS agencies to utilize the practice of differential response to assess the needs of children or families without requiring a determination of risk or occurrence of maltreatment" (Wendgrovius, 2011).

Short-Range and Long-Range Effects

Implications of Policy

Changes in Resources

Article 612:

"If during the family assessment the department determines that a child is at immediate substantial risk of harm, the department must conduct an intensive investigation" (NCSL, 2012).

Changes in Services, Rights, and Statutes

16 Del. C. § 906 (b) (7):

"Allows cases assigned to one approach to be transferred to the other approach" (NCSL, 2012).

8:816H:

"Requires the provider to immediately report a case to the department or law enforcement if they determine that a child is in imminent danger of abuse or neglect" (NCSL, 2012).

625.556 Sub 10:

"Allows the local child welfare agency to conduct a family assessment on a report originally screened in as an investigation" (NCSL, 2012).

Section 7.4 (a-5) (5):

"In determining that a complete investigation is not required, the Department must document the reason for terminating the investigation and notify the local law enforcement agency or the Department of State Police if the local law enforcement agency or Department of State Police is conducting a joint investigation" (NCSL, 2012).

232.71C:

"Requires the department to initiate court action if it determines that it is in the best interest of the child to do so after the completion of the assessment" (NCSL, 2012).

R.S. Mo. 210.145:

"Allows the division to begin an investigation of an assessment family if the family continues to refuse services or if the child is in danger" (NCSL, 2012).

NRS 432B.260:

"Requires the agency providing services to a family to notify the child welfare agency if the child or family refuses services or if the agency determines there is a serious risk to the child" (NCSL, 2012).

Okl. St. 7106:

"If a family continues to refuse voluntary services and it is determined that the child needs to be protected, the department may conduct an investigation" (NCSL, 2012).

33 VSA § 4915e:

"Requires the department to conduct an immediate investigation at any time that it appears necessary" (NCSL, 2012).

Va. Code Ann. § 63.2-1505 & 1506:

"Family can decline services and the department can close the case unless it finds sufficient cause that the case needs to be investigated" (NCSL, 2012).

Alternative Policies

More Effective or Alternative Policies in Analysis Advancing Social Justice