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Zahra Riaz
UMBC at USG
Child abuse and neglect has been prevalent for centuries, but it was not until the 1800s
that action was taken to improve the lives of disadvantaged children in the US. Ideas such as
orphan trains and the Children’s Aid Society’s removal of children addressed the issue of child
abuse and neglect. Eventually, the New York Society for the Prevention of Cruelty to Children
was founded and lead to child welfare policies and government intervention. The Federal
Children’s Bureau gained traction and slowly lead to the enactment of the Child Abuse
Prevention and Treatment Act of 1974. This act paved the way for states to institute programs
and projects that would help prevent child abuse and neglect (National Child Abuse and Neglect
Training and Publications Project, 2014). The policy offered a comprehensive overview of the
proposed solutions, resources, funding, and implementation. A Time news article highlights a
child abuse case in 2013 which lead to the death of an eight-year old boy. Throughout history,
societal beliefs and responses impacted how cases of child and abuse neglect were dealt with.
Finally, two groups that were impacted by the policy were social organizations and clients.
Beginning in the 1800s, institutions such as almshouses, asylums, and orphanages helped
orphan children and paupers, excluding children who were being maltreated by their families
(Wells & Johnson, 2013). Since parents were responsible for nurturing and raising their children,
there was no government interference. In Meyer v. Nebraska (1923), the Supreme court, citing
the 14th amendment, clarified that “liberty” also includes an individual’s right to build a home
and raise children according to their own ethics. At the time, corporal punishment was more
common, so the government did not consider it dangerous to children (National Child Abuse and
Neglect Training and Publications Project, 2014). In the mid-to late 1800s, the case that began
comprehensive child welfare was that of Mary Ellen Wilson, who as a 10-year old girl was
THE CHILD ABUSE PREVENTION AND TREATMENT ACT OF 1974 3
removed from her abusive home in 1874 by Henry Bergh, founder of the New York chapter of
the American Society for the Prevention of Cruelty to Animals (NYSPCA). Shortly after the
removal, she was sent to live with a nurturing family. Mary Ellen’s story prompted the founding
of the New York Society for the Prevention of Cruelty to Children (NYSPCC) in December
1874, perhaps the first of many private child protection organizations in the world (Courtney,
2013, p. 2).
In 1853, the Children’s Aid Society (CAS) was founded by Charles Loring Brace, who
observed horrid living conditions in the Five Points neighborhood in New York City and created
an organization that would place disadvantaged children with Protestant families, who he
believed to be moral. The CAS began their work by bringing in orphan children, children with
single parents, and children whose parents submitted them to CAS. These children were then
sent on “orphan trains” out of the cities to rural areas and were fostered by families. In contrast
to the NYSPCC, CAS’s mission was to rescue and replace children living in adverse
environmental conditions in immigrant communities into more viable and healthy environments
Such charities and organizations were not government funded, so they relied on private
donations until the government intervened. Following the Great Depression, people expected the
government to get involved in issues previously conceived as private, such as child maltreatment
by parents. President Roosevelt hosted a meeting inviting social workers, educators, judges, and
labor leaders to create the first child welfare organization called the Federal Children’s Bureau in
1912 under the Department of Labor. The bureau’s general order was to investigate and report
issues of child welfare inclusive of all classes including juvenile courts, accidents, and diseases
of children, birthrate, and orphanages, and to support states in protecting disadvantaged children.
THE CHILD ABUSE PREVENTION AND TREATMENT ACT OF 1974 4
The Social Security Act of 1935 was created with the help of bureau members to strengthen and
focus on the programs outlined by the bureau. The bureau gave way for many state agencies to
promote child welfare until the Child Abuse and Prevention Act of 1974 (CAPTA of 1974) was
The 1970 White House Conference on Children and Youth eventually led to the
enactment of CAPTA of 1974. On January 31, 1974, President Nixon signed the CAPTA into
law. CAPTA is marked as the beginning effort on the behalf of the government to address issues
of child abuse and neglect (National Child Abuse and Neglect Training and Publications Project,
2014).
Policy Explanation
The definition of child abuse and neglect according to the CAPTA: a child under the age
of eighteen who is subjected to abuse, maltreatment, or neglect by their responsible party. The
first order of business of CAPTA of 1974 was charging the Secretary of Health, Education, and
Welfare (HEW) to instate the NCCAA which would implement and enforce CAPTA. The main
goals of the law are as follows: conduct research, analyze, and summarize findings on child
abuse and neglect; insure that all programs (private and public) show progress in addressing
child abuse and neglect; design training materials for workers who are directly addressing issues;
provide procedural support in designing projects and programs; conduct research to find causes
of child abuse and neglect to treat informatively and; show proof of the increasing cases or
severity of child abuse and neglect through examination. This law is intended to provide the
framework and resources needed to prevent and solve cases of child abuse in the US through the
NCCAA. Additionally, its purpose is to provide grants and funding so states can design effective
and comprehensive programs and centers, involve professionals from various disciplines,
THE CHILD ABUSE PREVENTION AND TREATMENT ACT OF 1974 5
provide teams to small communities who need more help, and layout innovative projects to
Fifty percent of state funds must be used as follows: Five to twenty percent for HEW to
award grants to states to pay for state-level child abuse and neglect prevention and treatment
programs. The state can qualify for such grants if they meet these requirements: The state must
create their own child abuse and neglect law which includes reporting and promise of
soon as a report is filed; demonstrate uniformity in law throughout the state; instill cooperation
of law enforcement and courts; provide children with a guardian to represent them in court;
prove that funds will be used fully and carefully and; promote the spread of social advocacy and
information on child abuse and neglect. An Advisory Board was to be established within two
months after the enactment of CAPTA and the Advisory Board was to provide the President and
Congress with a report on the progress made by the states to prevent and treat child abuse and
neglect. This progress would be made through programs and projects implemented through
federal agencies who are represented by the Advisory Board (CAPTA, 1974).
A recent Time USA news article highlights the failure of the Los Angeles Department of
Child and Family Services (DCFS) to remove an eight-year-old child from his abusive home.
(Gajanan, 2020). Pearl Fernandez, Gabriel’s mother, and her boyfriend, Isauro Aguirre abused
Gabriel for months and beat him unconscious. He died on May 24, 2013. In 2018, both Pearl
Fernandez and Isauro Aguirre were charged with first-degree murder. Four social workers were
THE CHILD ABUSE PREVENTION AND TREATMENT ACT OF 1974 6
charged with felony counts of child abuse and falsifying reports and were fired from DCFS
(Gajanan, 2020).
Currently, one societal belief regarding child abuse and neglect is that although
parents/guardians take the sole responsibility of caring for their children, if child abuse or neglect
is existent, appropriate societal action should be taken to help improve the situation (Demers et
al., 2019). Child maltreatment and neglect can lead to many issues, such as cognitive, emotional,
and behavioral problems, as well as inhibiting development in the long-term (Demers et al.,
2019).
Historically, the government was not concerned with child abuse reflecting the societal
attitudes that parents were responsible for looking after and disciplining their children as they
saw fit (Szymanski, 2019). When humane societies observed the increased amount of child
abuse and neglect in the late nineteenth century, more private societies were formed to protect
children. This was because the indenture system previously trusted with protecting children, did
not adequately protect children, thereby the American society stood up against it (Szymanski,
2019).
Behavioral responses to instances of child abuse and neglect now include government
interference and policy enforcement. The CAPTA of 1974 is framework that gave rise to state
non-profit organizations and public agencies as well as mandatory reporting in all fifty states.
Historically, behavioral responses to child abuse and neglect reflected privacy, therefore private
state-by-state societies or agencies, such as the SPCC and CAS were employed to deal with cases
(Szymanski, 2019).
Presently, cases of child abuse and neglect are not always properly attended to, due to
institutional and systematic oppression. Evidence shows that child maltreatment cases are not
continuously followed up with due to the amount of cases Child Protective Services (CPS) deals
with. The social workers at CPS must decide which cases to investigate and which to label as
unfounded (Schneiderman et al., 2012). This continuous inadequate response to child abuse and
neglect shows how institutional and systematic oppression plays a role in hindering a child’s
In the 1800s, before private societies were formed to help children escape abuse and
neglect, there was nothing substantial in place to address the issue. This gave unchecked power
to parents or guardians to treat their children however they wanted, regardless of the impact on
the children. Children were also not considered vulnerable, which worsened the problem of
abuse (Szymanski, 2019). The first societal response to help urban city children was to move
them to rural cities with Protestant families in orphan trains, but this led to further oppression
A similarity between what was done in the 1800s to protect children and what is done
now is the aspect of child removal from abusive environments. Historically, it was through
reporting, thorough investigation, prosecution, and foster home placement. Both ways removed
children from harsh environments. However, a huge difference is the government interference
now compared to the 1800s. The CAPTA of 1974 gave rise to government mandates on child
welfare, holding each state accountable for instating programs and projects to improve child
Clients and social work organizations have been impacted by the implementation of
CAPTA of 1974. CAPTA’s framework included creating state agencies to address the issues of
child abuse and neglect. These agencies then had to work to improve the issues of child abuse
and neglect which meant society was held more accountable for the safety and protection of
children. Social workers in these organizations had to follow protocol according to the state laws
created under the CAPTA of 1974 to deal with cases of child abuse and neglect (CAPTA, 1974).
Before CAPTA of 1974 was enacted, child abuse and neglect cases were dealt with by private
Under the CAPTA of 1974, provisions were made to ensure that the clients—children—
are being protected under the agencies and programs established state-by-state and guardians of
the children are being held responsible for their actions. Since mandatory reporting is underlined
in the law, this gives protection to children subjected to abuse and neglect, as different adults in
different settings surrounding a child are held responsible for the safety of the child. The
reporters are then protected from persecution. Previously, private organizations dealt with cases
of child abuse and neglect, however, no proper framework was in place and research was not
established. After the enactment of CAPTA of 1974, proper framework and research lead to
better informed decisions made on behalf of children in dealing with the treatment and
Conclusion
The 1800s gave rise to the child welfare movement which started out as a private
movement and then became a government mandate through the CAPTA of 1974. The CAPTA of
1974 became the framework for dealing with the instances of child abuse and neglect state by
THE CHILD ABUSE PREVENTION AND TREATMENT ACT OF 1974 9
state. Historically, and today, societal beliefs, behavioral responses, and institutional oppression
have affected the child welfare system. In the case of Gabriel Fernandez, institutional oppression
prevented the Child Protective Services agency in Los Angeles from taking appropriate action.
Nevertheless, the policy transformed how social organizations functioned and served children.
THE CHILD ABUSE PREVENTION AND TREATMENT ACT OF 1974
10
References
Child Abuse and Prevention Act, Pub. L. No. 93-247, 119, Stat. 88 (1974).
Courtney, M. E. (2013). Child Welfare: History and Policy Framework. Encyclopedia of Social
Work. https://doi.org/10.1093/acrefore/9780199975839.013.530.
Demers, L. A., Handley, E. D., Hunt, R. H., Rogosch, F. A., Toth, S. L., Thomas, K. M., &
bc.researchport.umd.edu/10.1177/1077559519847770
Gajanan, M. (2020, March 3). The heartbreaking story behind Netflix's documentary series “The
documentary/
National Child Abuse and Neglect Training and Publications Project (2014). The Child Abuse
Schneiderman, J., Leslie, L., Hurlburt, M., Zhang, J., & Horwitz, S. (2012). Caregiver Reports of
Serious Injuries in Children Who Remain at Home After a Child Protective Services
bc.researchport.umd.edu/10.1007/s10995-010-0714-4
Szymanski, A. M. (2019). Child Abuse, Policy Communities, and Frame Contestation During the
bc.researchport.umd.edu/10.1017/S0898030619000010
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Wells, S. J., & Johnson, G. (2013). Child Abuse and Neglect. Encyclopedia of Social Work.
https://doi.org/10.1093/acrefore/9780199975839.013.47