Re: changes to CAPTA

[Frank Vandervort <vort@xxxxxxxxx>]

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David,

This may be result from a rather broad reading of 42 USC 
5106a(b)(2)(A)(xix) which provides for training CPS personnel "regarding 
the legal duties of the representatives, which may consist of various 
methods of informing such representatives of such duties, in order to 
protect the legal rights and safety of children and families from the 
initial time of contact during investigation through treatment." For 
example, Michigan's Child Protection Law now mandates that workers be 
trained "in the legal duties to protect the state and federal 
constitutional and statutory rights of children and families from the 
initial contact of an investigation. . . . " MCL 722.628(17).

It is certainly possible that a state, a county or a particular worker has 
interpreted the rights of the family or the child to prohibit an interview 
without prior authorization from the parent.

Frank Vandervort



At 02:35 PM 9/16/2005, David Crampton wrote:
>Can anyone help me identify recent changes to CAPTA or in the
>interpretation of CAPTA that would suggest that intake workers must now
>seek parents' permission before interviewing their children during
>investigations of child maltreatment?
>
>Thanks, David
>
>
>David Crampton, Ph.D.
>Assistant Professor
>Mandel School of Applied Social Sciences
>Case Western Reserve University
>10900 Euclid Avenue
>Cleveland, OH  44106-7164
>216-368-6680

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