CAPTA and IDEA 2004 Laws

The Child Abuse Prevention and Treatment Act (CAPTA) originally was enacted in 1974. (see About CAPTA: A Legislative History) CAPTA provides federal funding to states in support of Child Protective Service Agencies. In June 2003, the Child Abuse Prevention and Treatment Act (CAPTA) provisions were amended by the Keeping Children and Families Safe Act (PDF: 102kb) of 2003. In fiscal year 2003, there were 178,384 children under the age of 3 who were involved in substantiated cases of abuse or neglect. CAPTA requires that states that receive CAPTA funds develop provisions and procedures (by June 2004) 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.

On Friday, November 19, 2004, both houses of Congress passed legislation to reauthorize IDEA. On December 3, 2004, President Bush signed H.R. 1350 into law. It is now known as the Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446. Under Part C, Section 637(a)(6)(A&B)of the Act (State Application and Assurances) a State application for funds shall contain "a description of the State policies and procedures that require the referral for early intervention services under this part of a 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."