History
Examining the Child Abuse Protection and Treatment Act’s (CAPTA) historical context is essential to understanding the legislation’s strategic disregard of the realities of systemic racism and poverty.
As part of the broader movement to reject welfare and anti-poverty measures in the 1960s and 70s, federal legislators ignored available research highlighting the integral connection between social inequities and the conditions and circumstances categorized as child maltreatment or abuse. Instead of pursuing anti-poverty approaches, the federal government passed CAPTA, signed by Richard Nixon in 1974, codifying a national "child protective services" or CPS system. CAPTA strategically framed child abuse and “neglect,” broadly and amorphously defined, as an individual issue—rather than a societal one. Having targeted "deficient" or "unfit" parents as the problem, Congress explicitly grounded the design of the CPS system in carceral principles of reporting, investigation, prosecution, and "treatment" in the form of coerced and mandated "services." This operational framework has facilitated a vast expansion of surveillance and criminalization of disproportionately Black, Latine, Indigenous, and low-income white families.
Reauthorized every few years since 1974, CAPTA has served as the foundation of the modern family policing system for almost half a century.
Historical Timeline
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Modern Child Welfare Movement Begins
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1852–Establishment of the Children’s Aid Society
Deeming impoverished New York City parents dangerous and their children genetically inferior, Charles Loring Brace establishes the “Children’s Aid Society.” In the late 19th century, the Children’s Aid Society forced impoverished children onto “orphan trains,” where they are shipped into indentured servitude in the South and Midwest. While some children had been orphaned, many were forcefully torn from their families.
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1912—Establishment of U.S. Children's Bureau
U.S. Congress established a federal agency to address the needs of children and youth, marking the federal government’s entrance into the social welfare arena.
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1935—Enactment of the Social Security Act
The Social Security Act established federal funding for the care of homeless, dependent, and neglected children, but states had enormous leeway to exclude Black families from receiving benefits.
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1954 to 1968—Civil Rights Movement
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1960—The “Louisiana Incident”
Using a so-called “morality clause,” allowing the expulsion of families from the welfare rolls if their homes were deemed “unsuitable,” 22,500 children in Louisiana are expelled from welfare rolls. 98% of them were Black.
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1961—Enactment of the Flemming Rule
The Flemming Rule prohibited states from applying morality clauses to deny aid. However, states l could still deem homes “unsuitable,” and if they did, they then had to “protect” the children—by placing them in the foster system. This resulted in a large increase of Black children in the foster system.
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1962— Amendments Made to the Social Security Act
The federal government allowed cash assistance for families experiencing poverty to follow a child into the foster system, effectively incentivizing states to remove children from their homes for issues largely associated with poverty.
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1962—Publication of “The Battered Child Syndrome"
Dr. C. Henry Kempe published an article defining severe physical child abuse as a medical problem, rather than a societal problem. This prevalent article failed to address the ways that structural inequities contribute to child abuse.
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1963—Children’s Bureau Publishes Model Statutes
The Children's Bureau publishes model statutes to help inform states’ initial mandated reporting requirements, which would legally require certain professionals to report “reasonable suspicion” of child abuse. These early mandated reporting initiatives focused primarily on physicians.
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1964 – President Johnson Declared a “War on Poverty”
In his first State of the Union address, London B. Johnson announces the “war on poverty,” recognizing poverty as a societal failure, rather than an individual one. Reflecting this perspective, new laws passed to expand anti-poverty programs to support children and families. The “War on Poverty” initiatives received immense conservative backlash.
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1965— Publication of the “Moynihan Report”
The “Moynihan Report” fueled rhetoric about supposed deviance in the Black family structure, tying it to growing anti-welfare rhetoric.
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1966 – Rise in Mandated Reporting Laws
All states (except Hawaii, which later followed) enact laws mandating physicians to report suspected child abuse.
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1971—President Nixon Vetoed the Comprehensive Child Development Act
The Comprehensive Child Development Act, which aimed to provide federally subsidized child care, was vetoed by President Nixon.
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1973—Social Workers Become Mandated Reporters and Definitions of Abuse are Broadened
32 states identify social workers as mandated reporters. Definitions of abuse are broadened to include emotional and nutritional abuse, as well as sexual abuse and exploitation.
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1974—Enactment of the Child Abuse Prevention and Treatment Act (CAPTA)
Weary of the Nixon administration’s hostility towards anti-poverty measures, federal legislators designed CAPTA to avoid recognizing the links between child abuse and poverty and structural inequities.
In order to receive grants under CAPTA, states were required to establish a system of mandated reporting. States make significant, punitive changes to their child abuse and neglect laws to comply.
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1977– 75% Increase in Reports of Child Abuse
Between 1977 and 1978, national reports of child abuse increased from 110,265 to 191,739, reflecting a 75% increase.
In 1978, only 13.4% of these reports were revealed a finding of child abuse. Data shows racial disparities in reporting; Black families were subject to 19 percent of reports, but only 11% of the national population.
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1988—Expansion of CAPTA
CAPTA is expanded in order to more broadly define child maltreatment and expands the list of professionals required to report.
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1994—Enactment of the Violent Crime Control and Law Enforcement Act
The largest crime bill in the history of the US encouraged even more punitive laws, fueling the harmful use of criminalization, incarceration, and family separation as a response to structural inequities.
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1997—Enactment of the Adoption and Safe Families Act (ASFA)
With the stated purpose of promoting “child safety and permanency,” ASFA establishes stricter timelines for terminating children’s rights to their parents (a more accurate term than termination of parental rights.) The rush to terminate these rights creates a generation of legal orphans, who “age out” of the system with no home at all. ASFA also falsely equated child safety with child removal, leading to a sharp increase in needless removals of children.
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2003 – Amendments Made to CAPTA, “Plans of Safe Care” Requirement
CAPTA is amended to require that any parent of a newborn born “affected” by an illegal substance must be turned in to the family police, after which, someone, - it’s not clear who - must draw up a so-called “plan of safe care.” Taking their cues from this CAPTA amendment, many states go further and deem a parent who gives birth to a substance “affected” newborn automatically guilty of neglect.
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2015—Black Lives Matter Movement
The Black Lives Matter movement gains prominence in the United States, drawing attention to police brutality and systemic racism.
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2016 – Enactment of the Comprehensive Addiction and Recovery Act
This law further amended CAPTA to require “plans of safe care” for newborns affected by not only illegal, but also legal substances–including medication-assisted treatment. This deters more pregnant and parenting people from accessing prenatal care and puts more newborns at risk of needless separation.
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2020–George Floyd Uprisings
The murders of George Floyd, Breonna Taylor, and Tony McDade by police spark widespread protests against police violence and racial injustice.
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2021–Police Killing of Ma'Khia Bryant
Ma’Khia Bryant, a 16-year-old Black girl who was forced to live in a group home after her grandmother’s poverty was treated as neglect, was fatally shot by a police officer in Columbus, Ohio. This tragic incident illuminated the relationship between the family policing and criminal legal systems.
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