[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17045-17046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07390]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Notice for Public Comment on the Child Abuse Prevention and 
Treatment Act (CAPTA)

AGENCY: Children's Bureau; Administration on Children, Youth and 
Families; ACF, HHS.

ACTION: Notice.

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SUMMARY: Pursuant to 42 U.S.C. 5106a, the Children's Bureau (CB) 
announces the opportunity for public comment on the policy 
interpretation of section 106(b)(2)(B)(x) articulated in question 
2.1A.4 #8 of the Child Welfare Policy Manual (CWPM), which concerns the 
public disclosure of findings or information about a case of child 
abuse or neglect which results in a child fatality or near fatality.

DATES: Submit written or electronic comments on or before June 29, 
2015.

ADDRESSES: Interested persons may submit comments to http://www.regulations.gov/. We urge you to submit comments electronically to 
ensure they are received in a timely manner. Written comments may also 
be submitted to Kathleen McHugh, United States Department of Health and 
Human Services, Administration for Children and Families, Policy 
Division, 8th Floor, 1250 Maryland Avenue, SW., Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Kathleen McHugh, United States 
Department of Health and Human Services, Administration for Children 
and Families, Policy Division, 8th Floor, 1250 Maryland Avenue, SW., 
Washington, DC 20024. Email address: [email protected].

[[Page 17046]]


SUPPLEMENTARY INFORMATION: Section 106(b)(2)(B)(x) of CAPTA requires a 
certification by the State Governor that the State has in effect and is 
enforcing a State law, or has in effect and is operating a statewide 
program, relating to child abuse and neglect that includes ``provisions 
which allow for public disclosure of the findings or information about 
the case of child abuse or neglect which has resulted in a child 
fatality or near fatality.'' We revised our policy interpretation of 
the statutory provision regarding public disclosure of information in 
cases of child abuse or neglect which have resulted in a child fatality 
or near fatality found in section 106(b)(2)(B)(x) of CAPTA in September 
2012 with the addition of CWPM question 2.1A.4 #8. This interpretation 
requires States to develop procedures for the release of information 
including, but not limited to: the cause of and circumstances regarding 
the fatality or near fatality; the age and gender of the child; 
information describing any previous reports or child abuse or neglect 
investigations that are pertinent to the child abuse or neglect that 
led to the fatality or near fatality; the result of any such 
investigations; and the services provided by and actions of the State 
on behalf of the child that are pertinent to the child abuse or neglect 
that led to the fatality or near fatality. States may allow exceptions 
to the release of information in order to ensure the safety and well-
being of the child, parents and family or when releasing the 
information would jeopardize a criminal investigation, interfere with 
the protection of those who report child abuse or neglect or harm the 
child or the child's family. States must also ensure compliance with 
other federal confidentiality restrictions when implementing the 
confidentiality provisions under CAPTA, including the confidentiality 
requirements applicable to titles IV-B and IV-E of the Social Security 
Act (the Act) and in accordance with 45 CFR 1355.30, which requires 
that records maintained under title IV-E and IV-B of the Act are 
subject to the confidentiality provisions in 45 CFR 205.50. Among other 
things, 45 CFR 205.50 restricts the release or use of information 
concerning individuals receiving financial assistance under these 
programs to certain persons or agencies that require the information 
for specified purposes.
    We also revised several CWPM answers in section 2.1A to bring them 
in line with the policy as outlined in the new question and answer (Q/
A). CWPM section 2.1A.1, questions 1, 2, 6, and 8; and CWPM section 
2.1A.4, questions 3, 4, 5, 6, and 7 were all revised. At that time, Q/A 
2.1A.4 #2, was deleted, but it was updated and reissued in August 2013. 
This Q/A clarifies that when child abuse or neglect results in the 
death or near death of a child, the State must provide for the 
disclosure of the information required by section 2.1A.4, Q/A #8 of the 
CWPM, but that the provision should not be interpreted to require 
disclosure of information which would fall within the specific 
exceptions that states are allowed to establish under section 2.1A.4, 
Q/A #8 of the CWPM. The full Q/A 2.1A.4 #2 can be found at: http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=68#320. The history of the modified Q/A's is also 
available in the CWPM at: http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=68#2561).
    We seek comment from state agencies and other stakeholders about 
the revised policy interpretation at CWPM, section 2.1A.4, Q/A #8, or 
any other revised policies in section 2.1A of the CWPM noted above.
    We encourage stakeholder respondents to address the following 
questions:
    (1) Please describe any challenges you've had obtaining information 
about child fatalities and near fatalities which resulted from child 
abuse and neglect from a state. Have there been improvements in 
obtaining the information since CB revised the policy in CWPM section 
2.1.A in September 2012?
    (2) What concerns, if any, do you have with the definition of near 
fatalities in a state?
    (3) Has a state responded that the state cannot disclose 
information due to confidentiality protections? If so, describe the 
information requested and the confidentiality provision cited by the 
state.
    (4) Does your state offer a public report of the child fatalities 
review panel/commission? If so, does the report contain the required 
disclosure of information? Is the report a barrier to obtaining 
information?
    We encourage state agency respondents to address the following 
questions:
    (1) What challenges, if any, have you faced implementing the 
revised policy? Has the revised policy improved your disclosure process 
and policies?
    (2) Are there challenges in applying the disclosure policy while 
also ensuring that you adhere to confidentiality protections?

     Dated: March 24, 2015.
Mark H. Greenberg,
Acting Assistant Secretary for Children and Families.
[FR Doc. 2015-07390 Filed 3-30-15; 8:45 am]
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