Policy Analysis Paper

Policy Analysis Paper

Sarah Dubicki

SW 4710

Wayne State University

Due 10/23/2013

Policy Analysis Paper

Social issues are problems that we are faced with every single day, even when we are not aware of it. Someone who has never heard the term Social Problem or Social Issue would still be able to name a few issues that are commonly agreed to be a social problem. The concept of "social problem" is a claim that some condition, set of events, or group of persons constitutes a troublesome situation that needs to be changed or ameliorated. Having defined a condition, as a social problem there then is a legitimate basis for bringing public resources to bear upon it. (Gusfield) Social problems can be anything from academic freedom, to environmental justice, to child welfare, to gay and lesbian rights (Ciment, 2006). This paper will focus on child welfare, and some of the policies that have been set in place to attempt to alleviate some of the concerns and commonly found issues surrounding child welfare. Child welfare is a pivotal social problem in that it is a global issue, which needs constant vigilance and advocacy for the children involved. It is important to remember, that because childhood is such an important time in a persons life, that whatever happens to the child during the developmental process is of concern as it may promote, interfere with or adversely affect the kind of development which is considered desirable. Moreover, the community or state has a real stake in this, in his becoming the kind of person whom it needs or wants, who will perpetuate its traditions, values and ideals. . . . (Herman) Not only is it important for the child themselves, but for the community around them. If society wants moral, upstanding citizens, then it needs to look out for its children when they are developing. If a child cannot thrive due to neglect or abuse, and has a warped view of right and wrong, than how can that child be expected to be the citizen that society wishes? Simply put, they cannot. How child welfare is dealt with depends on where in the world the situation occurs. In developing countries, child welfare and its practices are limited to survival of the child. Things

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like clean water, food, medicine for existing conditions and vaccines when available and appropriate. This occurs in countries that have been heavily affected by war as well. In those places, the main focus is to assist children in surviving long enough to reach adulthood, and there simply isnt enough manpower, money, or resources to worry about other issues with children. Whereas in developed countries (like America), child welfare includes a great deal of services that are not limited to simply surviving, and can include issues such as personality development, vocational guidance, and use of leisure time (Dictionary.com) Child abuse comes in various forms including sexual, physical, mental, emotional abuse, or neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA), which was amended by the CAPTA Reauthorization Act of 2010, defines both child abuse and neglect as: Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act which presents an imminent risk of serious harm. (Child Welfare Information Gateway, 2013). Who is expected to spot and put a stop to neglect and abuse? Ideally anyone who knew of abuse, or even suspects abuse, would report said abuse to the proper authorities. In some states, this is the case as anyone with information regarding abuse or possible abuse is required by law to report to the proper authorities (Child Welfare Information Gateway, 2012). Unfortunately this is not always how events transpire. To try and make up for this lacking, it is the responsibility of various professionals to report abuse; even if they are not one hundred percent sure that said abuse is happening. These individuals are called mandatory reporters. Healthcare professionals, school professionals (principals, teachers, etc), social workers, child care providers, and law enforcement professionals are all mandatory reporters (Child Welfare Information Gateway, 2012), and can be punished by law if they are aware of abuse and do not report it. Some of these

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penalties for not reporting can include: a felony, a misdemeanor, a fine, etc. (Child Welfare Information Gateway, 2012). The penalty depends on the state one resides, and their specific laws pertaining to reporting. There are more than just a few policies set in place for the management of child welfare. First, there is the Child Abuse Prevention and Treatment Act (also known as CAPTA) which was established in 1974. CAPTA is an act on the federal level, and its purpose is to provide financial assistance for a demonstration program for the prevention, identification, and treatment of child abuse and neglect ("Child Abuse Prevention and Treatment Act (CAPTA) of 1974 - P.L. 93247", 1974). Being one of the first policies established for child welfare, it set the standard and the tone for future policies. Each state was provided with funds thanks to CAPTA, to use in carrying out its terms. CAPTA provided a standard definition to what exactly child abuse and neglect is, as well as defining the proper methods for reporting and investigating abuse & neglect, establishing immunity for those who do report, and attempting to provide prevention & public education to reduce the very instances of abuse and neglect (Karger & Stoesz, 2012, p. 335). Due to the immunity defined in CAPTA, one could not be held criminally responsible if abuse was not discovered after reported. According to Trost in 1998 CAPTA brought the immunity protections of reporting suspected abuse to the attention to the everyday public, and actually increased the number of reports coming in. CAPTAs express purpose was to help states implement programs to deal with the problem of child abuse (Trost, 1998, p. 183-215). Establishing immunity is not all that CAPTA does. Thanks to an amendment in 2003, states are required to have "provisions and procedures for referral of a child under the age of 3

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who is involved in a substantiated case of child abuse or neglect to early intervention services. (Stahmer, Sutton, Fox, & Leslie, 2008, p. 99-108) And according to Stahmer, Sutton, Fox, & Leslie in 2008 it has been estimated that more than 40% of children under age 3 with substantiated cases of maltreatment have significant developmental concerns making this amendment even more important. There are even more amendments that have been added in the over 40 years since CAPTA was established, that have not been listed above. These are just some of the ways that CAPTA has influenced child welfare policy. Although CAPTA is not the first law pertaining to child welfare, and not the first act that established immunity to reporters of abuse, it is the first that has managed to make a lasting impression on our society, shaping policy that was to come. Secondly, there is the Adoption and Safe Families act (also known as ASFA). The ASFA placed legislative emphasis on child safety by indicating that safety takes precedence over other social policy interests such as family preservation (Fuller, 2005, p. 1293-1306). This act provided steps with redefining the foster care process, making the process more focused on safety of the child and how to best eliminate risk of continued abuse. The ASFA specifically defines circumstances under which states are not obligated to make reasonable efforts to preserve or reunify families because of an assumed threat to child safety (McGowan & Walsh, 2000, p. 11-27). This is a newer concept, as in the past the goal was usually reunification and family preservation, when sometimes this was not in the best interest of the child involved. This just speaks to the changing attitude towards child welfare and what how society is expected to partake in the betterment of children. One such circumstance in this is that if the child has been in foster care for 15 of the last 22 months, to terminate parental rights (and there are provisions that this may not be necessary) ("Adoption and Safe Families Act of 1997 - P.L. 105-89", 1997).

Policy Analysis Paper

The act also states that cases in which the biological parent has committed murder, voluntary manslaughter, had parental rights terminated, or found guilty of neglect, sexual abuse, etc. would all be considered the kinds of cases where workers are not obligated to preserve or reunify the family (McGowan & Walsh, 2000, p. 11-27). In these cases the biological parent(s) have already proven that they are not fit to be appropriate parents, and the workers must focus on the child and their best interests. Thirdly, the Adam Walsh Child Protection and Safety Act is an act that aims to protect children from sexual exploitation and violence. It is a federal law, and individual states were expected to enact the practices set down in the act, by 2009. The act organizes sexual offenders into three tiers, with the third being the most severe. Offenders on the 3rd level must update their whereabouts every three months, and must do so for their lifetime. This includes individuals who were juveniles and adults at the time of the offence. The second tier offenders must update their whereabouts every 6 months, for twenty-five years for adult offenders, and 20 for juveniles. Offenders on tier one must update their whereabouts once a year for both juveniles and adults (Office of the Ohio Public Defender). The information updated is entered into a national registry, which even includes the use of DNA. Thanks to this information, those on the registry are unable to adopt children. Not only that, but the act also increases federal fines for those who commit crimes against children, and it even establishes minimums for those who commit crimes. (Office of the Press Secretary, 2006). These are not the only policies in existence for the betterment of child welfare. These are just three very different federal policies that exist. And just because they have been around for a while, does not mean they are perfect and infallible. There are positives and negatives to each of these policies. It is reported that the Adam Walsh is too far reaching, and very difficult to

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maintain. It has also been mentioned that the Adam Walsh act focuses on recognizing threats after the fact, and therefore does little to protect children before abuse occurs. With the Adoption and Safe families act, it stops short of defining safety or outlining the steps states should take to ensure safety (Fuller, 2005, p. 1293-1306). Not only that, but McGowan and Walsh reported in 2000 that it is noted that with the fact that a parents rights are terminated after 15 months in placement, it may mean that a biological parent is unable to solve the issues that led to the placement. Specifically, this refers to substance abusers that may be involved in programs that last eighteen months. In those cases, the parents rights may be terminated, when they are still in the process of meeting requirements to clean up and reunify with their child(ren). Karger and Stoesz report that CAPTA may have been a good premise, and one that was designed to ameliorate the problem of child abuse, however due to a lack of budgeting, it left those who were to carry its terms stretched thin and unable to properly and efficiently investigate child abuse reports. They continue further to state that agencies had inadequate staff resources to deal with the skyrocketing complaintsmany CPS workers were unable to properly investigate allegations of abuse, resulting in many children dying or undergoing serious injury (Karger & Stoesz, 2012, p. 4) Also thanks to CAPTA, it brought sharp focus on the on inadequacies of the child welfare system, including limitations in caseworkers' knowledge and skills, mishaps in child welfare cases, and the out-of-control caseload growth (Zell, 2006, p. 83103). So not only were workers overwhelmed, but undertrained and left out to dry. Personally, I think that each of the above laws is a step in the right direction. When doing my research, I found that there are many articles that tore apart the policies mentioned above. And while it is easy to see where the issues and shortcomings are, where would we be without these laws? These are guidelines, and if we properly train agencies, and provide them with the

Policy Analysis Paper

funding needed to implement these laws to their full capacity, then we do even more, and better work for the children that we are trying to protect. At the same time, I think that all three are very optimistic, and unrealistic in certain aspects. I dont personally like the fact that under the ASFA someone who is cleaning up from substance abuse, and making all the right steps and is meeting the guidelines provided to them, runs the risk that their children could still be removed because they were in foster care too long. Although I know there are exceptions to this (as there always seems to be), I find that it could be discouraging for someone who is trying to get clean. Why should they, if they will lose their child anyway? When it comes to the Adam Walsh Child Protection and Safety Act, I personally agree with the critiques that it is far reaching. Although it provides the policy that protects children from child pornography, and sexual abuse, it only registers the offenders after the fact. It doesnt stop the actual abuse from happening. I know that that is not possible, but I dont think that someone who was considering, or partaking in abuse would see this act as a deterrent from abuse. So while it may discourage someone from offending again, it may not stop them in the first place which is what we should be trying to do. As for CAPTA, I find the immunity spelled out to be an effective concept. In todays society of self-preservation, the attitude is often live and let live. So I can see why someone might not want to report suspected abuse, when they arent even sure, if they can be persecuted and possibly in danger due to their report. Thanks to it being anonymous (to the family it concerns) and there being immunity, it allows people to do what they have to in order to possibly save a childs life and/or wellbeing. I do see the limitations, in that CPS could be more than a little overwhelmed with reports and investigations, and that does not do any children any good either. Again, I see both sides.

Policy Analysis Paper

Ultimately, someone who is abusing their child will not be looking up the laws to dissuade them from abuse. Simply knowing why they shouldnt is not a good enough way to let adults know that they need to treat children with respect and honor, and not abuse. None of these laws would stop an abuser from hurting their children. Period. It may stop them in the future (like with the Adam Walsh act), but it wont protect the children in the first place.

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References

Adoption and Safe Families Act of 1997 - P.L. 105-89. (1997). Retrieved from https://www.childwelfare.gov/systemwide/laws_policies/federal/index.cfm?event=federalLe gislation.viewLegis&id=4 Child Abuse Prevention and Treatment Act (CAPTA) of 1974 - P.L. 93-247. (1974). Retrieved from https://www.childwelfare.gov/systemwide/laws_policies/federal/index.cfm?event=federalLe gislation.viewLegis&id=2 Child Welfare Information Gateway (2013). Definitions of Child Abuse and Neglect in Federal Law. Retrieved from https://www.childwelfare.gov/can/defining/federal.cfm Child Welfare Information Gateway (2012). Mandatory Reporters of Child Abuse and Neglect. Retrieved from https://www.childwelfare.gov/systemwide/laws_policies/statutes/manda.pdf Child Welfare Information Gateway (2012). Penalties for Failure to Report and False Reporting of Child Abuse and Neglect. Retrieved from https://www.childwelfare.gov/systemwide/laws_policies/statutes/report.pdf#Page=2&view= Fit Ciment, J. (2006). Table of contents for Social issues in America. Retrieved from http://catdir.loc.gov/catdir/toc/ecip0516/2005018778.html Dictionary.com (n.d.). Child welfare | Define Child welfare at Dictionary.com. Retrieved from http://dictionary.reference.com/browse/child+welfare

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Fuller, T. L. (2005). Child safety at reunification: A case-control study of maltreatment recurrence following return home from substitute care. Children and Youth Services Review, 27, 1293-1306. Retrieved from www.sciencedirect.com Gusfield, J. (n.d.). How Do We Decide What are Social Problems? Retrieved October 20, 2013, from http://www.soc.iastate.edu/sapp/soc235ch02.html Herman, E. (n.d.). Adoption History: CWLA, "Definition of Child Welfare," 1957. Retrieved October 21, 2013, from http://pages.uoregon.edu/adoption/archive/CwlaDCW.htm Karger, H., & Stoesz, D. (2012). American Social Welfare Policy + Mysearchlab With Etext: A Pluralist Approach. Pearson College Div. McGowan, B. G., & Walsh, E. M. (2000). Policy Changes for Child Welfare in the New Century. Child Welfare, 79(1), 11-27. Office of the Ohio Public Defender (n.d.). Adam Walsh Act - Main Page. Retrieved from http://www.opd.ohio.gov/AWA_Information/Adam_Walsh.htm Office of the Press Secretary (2006, July 27). President Signs H.R. 4472, the Adam Walsh Child Protection and Safety Act of 2006. Retrieved from http://georgewbushwhitehouse.archives.gov/news/releases/2006/07/20060727-6.html Stahmer, A. C., Sutton, D. T., Fox, L., & Leslie, L. K. (2008). State Part C Agency Practices and the Child Abuse Prevention and Treatment Act (CAPTA). Topics in Early Childhood Special Education, 28(2), 99-108. Retrieved from http://search.proquest.com.proxy.lib.wayne.edu/pqrl/docview/233599994/1415240A6C262 BF8769/6?accountid=14925

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Trost, C. (1998). Chilling child abuse reporting: Rethinking the CAPTA amendments. Vanderbilt Law Review, 51(1), 183-215. Retrieved from http://search.proquest.com.proxy.lib.wayne.edu/pqrl/docview/198902573/abstract?accountid =14925 Zell, M. C. (2006). Child Welfare Workers: Who They Are and How They View the Child Welfare System. Child Welfare, 85(1), 83-103. Retrieved from http://search.proquest.com.proxy.lib.wayne.edu/docview/213808700/1415325AD8E512577 BE/1?accountid=14925