United States of America

United States of America Response to United Nations Secretary-General’s Study on Violence against Children Questionnaire to Governments Contributing agencies: Administration for Children and Families, Department of Health and Human Services Health Resources and Services Administration, Department of Health and Human Services Substance and Mental Health Services Administration, Department of Health and Human Services Centers for Disease Control and Prevention, Department of Health and Human Services Bureau of Democracy, Rights, and Labor, Department of State Bureau of International Organization Affairs, Department of State Office of Juvenile Justice and Delinquency Prevention, Department of Justice Child Exploitation and Obscenity Section, Criminal Division, Department of Justice U.S. Immigration and Customs Enforcement, Department of Homeland Security United States of America 1 Response to United Nations Secretary-General’s Study on Violence against Children Questionnaire to Governments I. LEGAL FRAMEWORK International human rights instruments 1. Describe any developments with respect to violence against children, which have resulted from your country's acceptance of international human rights instruments, including, for example, the Convention on the Rights of the Child and its optional protocols, the Palermo Protocol or regional human rights Instruments. Provide information on cases concerning violence against children in which your country's courts or tribunals have referred to international or regional human rights standards. The United States has signed but not ratified the Convention on the Rights of the Child (CROC) and the Palermo Protocol. It has, however, ratified the two optional protocols to the UN Convention on the Rights of the Child concerning (1) Children in Armed Conflict and (2) the Sale of Children, Child Prostitution, and Child Pornography. Aside from the CROC, the U.S. is a State Party to other leading international instruments upholding the rights of children, including the ILO Convention No. 182 on the Worst Forms of Child Labor, the Hague Convention on the Civil Aspects of International Child Abduction, the 1967 Protocol to the Refugee Convention, the International Covenant on Civil and Political Rights, and the Interantioanl Convention on the Elimination of all Forms of Racial Discrimination. With regard to the mention of international human rights standards in cases involving violence against children, U.S courts typically depend upon protections enshrined within the applicable domestic penal code at both the state and federal level to adjudicate cases and complaints. Legal provisions on violence against children 2. Describe how forms of violence against children are addressed in your country's constitution, legislation and subsidiary legislation, and, where appropriate, customary law. The government of the United States is a Federal system, with a central Federal government; each of the States has its own government. The U.S. Constitution and the code of U.S. laws specify which functions are the responsibility of the Federal government and which functions are retained by the individual States. The Children’s Bureau has a primary concern for assuring the safety and well-being of children within their family systems, and as such addresses the prevention of and intervention for violence against children perpetrated by parents, family members, and other caregivers; violence against children perpetrated by strangers and acquaintances is the responsibility of the Department of Justice. The primary responsibility for the delivery of protective services to children rests with the individual States. Each State has its own legal and administrative structures that address the issue of maltreatment of children. The role of the Federal government is to support State-level delivery of services through setting minimum standards for laws and programs, authorizing vehicles for funding of programs, and providing oversight and evaluation of outcomes. The government of the United States recognizes that parents have a fundamental liberty, protected by the Constitution, to raise their children as they choose. The legal framework regarding the parent-child relationship balances the rights and responsibilities among the parents, the child, and the State, as guided by Federal statutes. The basis for government's intervention in child maltreatment is grounded in the concept of parens patriae—a legal term that asserts that government has a role in protecting the interests of children and in intervening when parents fail United States of America 2 Response to United Nations Secretary-General’s Study on Violence against Children Questionnaire to Governments to provide proper care. If parents are unable or unwilling to meet their responsibility, the State has the power and authority to take action to protect the child from harm. Over the past several decades, Congress has passed significant pieces of legislation that support the States’ duty and power to act on behalf of children when parents are unable or unwilling to do so. The child welfare system of the United States not only provides protective services to children, but also endeavors to provide appropriate care and services to children whose parents are unable to maintain their children safely in their homes. The structure of laws at both the Federal and State levels address a continuum of needs, from prevention efforts, reporting of suspected abuse, investigation and assessment of family situations, through foster care placements when needed, reunification of children with their parents whenever possible, to planning for a safe, stable and permanent home for every child if the child cannot safely return home. At every junction on this continuum, the safety, permanency, and well being of the child are the paramount concerns. The Child Abuse Prevention and Treatment Act (CAPTA) is one of the key pieces of legislation that guides child protection. CAPTA, in its original inception, was signed into law in 1974. It was reauthorized in 1978, 1984, 1988, and 1996. CAPTA provides Federal funding to States in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations for demonstration programs and projects. Additionally, CAPTA identifies the Federal role in supporting research, evaluation, technical assistance, and data collection activities; establishes the Office on Child Abuse and Neglect; and establishes the mandate for the National Clearinghouse on Child Abuse and Neglect Information. CAPTA also sets forth a minimum definition of child abuse and neglect. CAPTA was originally enacted in P.L. 93-247. The law was completely rewritten in the Child Abuse Prevention, Adoption and Family Services Act of 1988. It was further amended by the Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 and the Drug Free School Amendments of 1989. A new title III, Certain Preventive Services Regarding Children of Homeless Families or Families at Risk of Homelessness, was added to the Child Abuse and Neglect Prevention and Treatment Act by the Stewart B. McKinney Homeless Assistance Act Amendments of 1990. CAPTA was amended and reauthorized by the Child Abuse, Domestic Violence, Adoption, and Family Services Act of 1992 and amended by the Juvenile Justice and Delinquency Prevention Act Amendments of 1992. The Act was amended by the Older American Act Technical Amendments of 1993 and the Human Services Amendments of 1994. CAPTA was further amended by the Child Abuse Prevention and Treatment Act Amendments of 1996, which amended Title I, replaced the Title II and repealed Title III. CAPTA was most recently amended by the Keeping Children and Families Safe Act of 2003, which amended Title I and replaced Title II. Full text of CAPTA can be found at: http://www.acf.hhs.gov/programs/cb/laws/capta03/index.htm United States of America 3 Response to United Nations Secretary-General’s Study on Violence against Children Questionnaire to Governments The publication, “Major Federal Legislation Concerned with Child Protection, Child Welfare, and Adoption” provides an overview of much of the significant legislation that has shaped child welfare law at the Federal level. This publication was prepared by the National Clearinghouse on Child Abuse and Neglect Information, a service of the Children’s Bureau, and can be downloaded from the Internet at http://nccanch.acf.hhs.gov/pubs/otherpubs/fedlegis.pdf. 2. Provide details of any specific legislative provisions on: • Prevention of all forms of physical, sexual and mental violence, injury or abuse, neglect or negligent treatment, and sexual abuse; The Children’s Bureau (CB) is the oldest federal agency for children and is located within the United States Department of Health and Human Services' Administration for Children and Families, Administration on Children, Youth and Families. It is responsible for assisting States in the delivery of child welfare services - services designed to protect children and strengthen families. The agency provides grants to States, Tribes and communities to operate a range of child welfare services including child protective services (child abuse and neglect) family preservation and support, foster care, adoption and independent living. In addition, the agency makes major investments in staff training, technology and innovative programs. Federal legislation has been passed that requires the Children’s Bureau to address

Load more