When looking back at children’s status in the early 1800s, it would be hard to envisage that the government and other civil societies would intervene to protect their welfare one day. Montanari (2020) notes that child abuse was almost a norm under the English common law, and children were more or less considered their father’s property. This notion and principles that most families adhered to ironically placed more rights on pets than children. However, the case of Mary Ellen, a child that underwent torture under her foster mother’s care, brought the issue of child abuse to the attention of policymakers, and it led to the formation of public law acts and the establishment of civil societies to advocate, protect and treat victims of abuse.
Population Impacted by Child Abuse
Any population can suffer from abuse; however, as the name suggests, child abuse mainly impacts younger people between the infancy and puberty stage. Statistics reveal that approximately 7.8 million children are abused annually in the United States (“Child maltreatment statistics,” n.d.). Child abuse takes different forms, including physical, sexual, and psychological abuse. Over the years, the scope of child abuse has also been broadened to include unjustifiable verbal abuse against children (Committee on Child Maltreatment Research, Policy, and Practice for the Next Decade et al., 2014). Regardless of the forms it may take, child abuse is social concern as it adversely affects the physical, social, and psychological development of children, and its effects may, in some cases, prevail to adulthood.
The History of the Problem
Child abuse dates several decades ago, presumably since the beginning of time, when it was barely legally recognized by the government and civil societies. Although the issue was prevalent in American society, individuals often overlooked it, probably because many confused it with the Christian principle of instilling discipline among children (Montanari, 2020)Arguably, the lack of public and government attention in the matter and the notion of children being their father’s property made child abuse a trivial matter, despite its detrimental effect.
However, in the late 1800s, this social concern caught the attention of policymakers and civil society after the emergence of Mary Ellen’s case. This orphan suffered abuse under her foster’s mother care. Studies show that Mary Ellen sustained all sorts of physical abuse, including being continuously beaten, burned, whipped, cut, locked in her closet for hours, forbidden from going outside during the day, and forced to do heavy labor (Montanari, 2020). On the one hand, legal options would have protected Mary from the abuse she went through in her foster home. However, little was done by the local authorities to protect her against the horror, probably because laws governing child protection were inadequate.
Mary’s case was the first to lay the foundation for establishing child protection against all sorts of abuse. This change was mainly advocated by Etta and Mr.Bergh, who collaborated to bring change in children’s rights. Notably, following Mary’s case, Etta gathered written testimonies from witnesses of the act and presented them to Mr. Bergh, who, through his lawyers, petitioned to remove Mary from her foster parent’s apartment (Montanari, 2020). The duos’ effort was also reinforced by the public outrage, which eventually led to Mary’s placement in a shelter for adolescent children, after which she was placed under the care of her biological mother (Montanari, 2020). This case became the basis for child protection in the United States
Since Mary’s case, several civil societies have been established to provide adequate protection and offer treatment to child abuse victims. Among the earliest civil societies, founded in 1874, is the New York Society for the Prevention of Cruelty to Children (NYSPCC), which offers therapeutic supervised visitation, school-based child sexual abuse prevention workshops, and advocacy for children, families, and communities (“Our work,” n.d.). While the civil society does not directly indulge in legal proceedings involving child abuse, it ensures that children at high risk of abuse are protected and that victims of the social problem are offered adequate treatment to prevent long-term effects such as trauma during adulthood.
Besides civil societies, Mary’s case also captured policymakers’ attention, leading to establishing Acts that govern child protection. One of the earliest policies is the Child Abuse Prevention and Treatment Act (CAPTA) of 1974, established decades after Mary’s case. Notably, the establishment of the Act “provided a federal definition of child maltreatment, funds for states to implement prevention and treatment efforts and a mandate to carry out a national incidence study of child maltreatment” (“Child abuse prevention,” n.d.). Arguably, the CAPTA was purposed to bolster American society’s efforts to combat child maltreatment by establishing state programs where victims of abuse could seek shelter and report abuse incidences. The CAPTA also aimed at funding programs that would help health professionals develop treatment services for child abuse victims (“Child abuse prevention,” n.d.). In essence, CAPTA was established to fund states in the fight against child maltreatment.
As can be seen from the analysis, child abuse has had a long history in the United States, but it caught the attention of policymakers and civil societies a few decades ago. Notably, the social concern came to be recognized after Mary Ellen’s case that triggered public outrage in the country. Since then, federal laws such as CAPTA and civil societies, including NYSPCC, have been established to bolster the efforts to combat and offer help to victims of the social problem.
Policy Meant to Address the Social Problem
As noted earlier, the response and protection against child abuse in the United States have mainly been marked by establishing the CAPTA several years after Mary Ellen’s case came to the policy maker’s attention. Lawmakers first passed the policy in 1974, and it provides federal funding to other States to support the prevention, assessment, investigation, prosecution, and treatment activities related to child abuse and neglect (Harfeld & Marlowe, 2017). Besides supporting states, the policy also provides grants to public and nonprofit organizations such as Indian tribes for demonstration programs and projects (Harfeld & Marlowe, 2017). Price et al. (2012) also add that the CAPTA establishes guidelines for states to develop procedures for notifying child protective services (CPS) of newborns exposed to illegal substances and developing safe care plans for the latter. In essence, CAPTA is a federal policy that safeguards children’s welfare by funding states to assist in developing procedures for ensuring that children are protected from abuse, neglect, and exposure to illegal substances at the care of their parents or other caretakers.
The Mechanism of Functioning
Congress expects CAPTA to work under a strict eligibility requirement, which determines the funds directed to each state. Most notably, the CAPTA requires states to have procedures for receiving, responding to allegations of abuse or neglect, and ensuring children’s safety for the former to be eligible for the funds (Stoltzfus, 2009). This requirement is probably instituted to ensure that disbursed funds are used efficiently and for the right purpose. Furthermore, states must define child abuse and neglect in a manner that is consistent with CAPTA to be eligible for the funds (Stoltzfus, 2009). In particular, CAPTA defines child abuse and neglect as acts or failure to act by parents or caregivers that result to harm, sexual exploitation, death, or presents an imminent risk of serious harm (Barajas, 2017). Therefore, Congress expects CAPTA to work under a strict eligibility criterion that determines the states that receive the funds and the amount disbursed to each polity.
Political/ Legislative Process
The CAPTA was first passed in the 1970s and has undergone a few reauthorizations since then. As noted by Clay, Okoniewski and Haskett (2020), the CAPTA was first established when the United States identified children’s safety as a public welfare issue. The policy was then amended by the CAPTA Reauthorization Act of 2010 (Clay, Okoniewski & Haskett, 2020). Since its passage, Congress has renewed the authority of the CAPTA to broaden its scope of work in promoting children’s welfare.
Like other Acts, the House and the Senate passed the CAPTA through a legislative process. Senator Walter Mondale presented the bill’s initial proposal in 1971 after gathering significant data on child abuse and neglect in the United States (National Child Abuse and Neglect Training and Publications project, 2014). This proposal led to multiple hearings and funding of grants to collect information about the social issue and the effectiveness of the then established local child protection efforts (National Child Abuse and Neglect Training and Publications project, 2014). In essence, CAPTA was developed and introduced through a rigorous analysis of the nature of child protection in the United States before 1971.
Although the House and Senate eventually passed CAPTA, it faced both support and substantial opposition from different parties. Literature reveals that the House and Senate passed the bill with a vote of 354 to 36 and 57 to seven, respectively (National Child Abuse and Neglect Training and Publications project, 2014). Senator Mondale was among the bill’s primary supporters, an aspect that might have been influenced by his undying urge to combat child maltreatment in the country. According to the National Child Abuse and Neglect Training and Publications project (2014), Mondale acknowledged the modest scope of the Act but believed it was necessary, especially in the then political climate that would inhibit the passage of comprehensive legislation. As such, scholars could consider Mondale as one of the greatest supporters of the policy during the legislative process.
Conversely, the CAPTA was opposed by numerous parties who criticized its scope of work. Among the Act’s well-known opponents was the Nixon administration, which believed that the policy was another poverty program (National Child Abuse and Neglect Training and Publications project, 2014). Bill Lunsford, the director of the Child Welfare League of America (CWLA), also believed that CAPTA was taking a narrow approach that would constrain the adequate address of child maltreatment (National Child Abuse and Neglect Training and Publications project, 2014). Furthermore, Edward Zigler opposed the legislation and called it a “token effort” that did not address the social issue’s depth and complexity (National Child Abuse and Neglect Training and Publications project, 2014). An analysis of this information shows a common theme in the opposition of CAPTA; inadequacy. Arguably, the majority of the opponents believed that CAPTA was not crafted to adequately address the child maltreatment in the United States.
Impact of the Policy
Despite the strong opposition faced during the legislative process, CAPTA has had numerous positive impacts on social work and child welfare. Myers (n.d.) noted that the passing of reporting laws on child maltreatment unleashed numerous cases that overwhelmed the child protection system. Arguably, several child abuse and neglect cases were unaddressed or inadequately processed because of a lack of a comprehensive child protection system. Therefore, the establishment of CAPTA and the requirement for states to have procedures for receiving and responding to abuse and neglect allegations has boosted the nation’s capability to uncover and address more cases.
Besides unleashing more cases, CAPTA has helped create and improve social work opportunities. Myers (n.d.) notes that before the 20th century, social work was yet a profession. However, today, child protection is the social work domain, collaborating with other fields such as mental health, medicine, law, education, and law enforcement (Myers, n.d.). Azzi-Lessing (2010) also adds that the increase of public support for programs that address children and families has provided social work intervention opportunities. Undeniably, the passage and continued reauthorization of CAPTA offers an opportunity for social workers to be part of childhood development, as their services are required to ensure each child’s safety.
Evaluation
Social work is conditioned by several sets of values that are also reflected in the CAPTA. The social work values are categorized into four: values of the society in which social worker operates, which must be considered to preserve client’s dignity; professional values such as code of ethics; personal values of social workers and clients’ values which are supported by attitudes, beliefs, and convictions (Giurgiu & Marica, 2013). These four sets of values ensure that social workers demonstrate competence in their work and contribute positively to their clients. An in-depth analysis of CAPTA policy provisions reveals that it is substantially aligned with these social work policies. For example, initially, the majority of Native American Children were separated from their parents and placed in non-Indian foster care in instances of abuse and child neglect (Myer, n.d.). However, the amendments to CAPTA ensure that such children’s beliefs and dignity are respected during the social support programs by either avoiding unnecessary separation or ensuring they are reunited with their families. This example exemplifies the manner in which CAPTA aligns with the moral values of social work services.
Improvement of the Policy
Fundamentally, CAPTA has had multiple flaws that constraints the policy’s ability to meet its initial intent. For example, Harfeld and Marlowe (2017) aver that CAPTA is used as a catch-all for disparate child welfare areas, yet its funding remains stagnant. Undeniably, several areas have been fixed in CAPTA since its establishment leading to a loss of the law’s initial intent. For example, the House and Senate initially aimed to address child abuse and neglect by providing funds to states and encouraging them to develop response procedures. Today, the policy has been entangled with several other provisions, such as domestic violence, homelessness, and sex trafficking (Harfeld & Marlowe, 2017). While these issues are also critical, they tend to distort the original intention of CAPTA.
In my view, the multiple disparate areas and requirements cripple the efficiency of CAPTA; however, there is still a chance to improve the policy. As proposed by Harfeld and Marlowe (2017), policymakers should develop a tidier policy better aligned with funding. Arguably, Congress could transfer some of the areas included in CAPTA to other Acts to enable the policy to retain and address its initial intent adequately. The federal government should also ensure that adequate funds are directed to states to protect children against abuse and neglect.
Conclusion
In recap, the case of Mary Ellen brought the issue of child abuse and neglect to the limelight and fostered the development of policies such as CAPTA and civil societies to prevent child maltreatment. Despite the establishment of CAPTA, it has proved to be flawed and constrained by the several disparate areas and inadequate funding. Eliminating the policy for a new Act may not be an option. Still, policymakers can improve the current policy by making it tidier and ensuring adequate funds are directed to state programs that address child abuse and neglect.
References
“Child abuse prevention and treatment Act of 1974” (n.d.). E-library. Retrieved from https://ebrary.net/32654/education/child_abuse_prevention_treatment_1974
“Child maltreatment statistics in the U.S.” (n.d.). American SPCC. Retrieved from https://americanspcc.org/child-abuse-statistics/
“Our work” (n.d.). The New York Society for the Prevention of Cruelty to Children. Retrieved from https://nyspcc.org/our-work/
Azzi-Lessing, L. (2010). Growing Together: Expanding Roles for Social Work Practice in Early Childhood Settings. Social Work, 55(3), 255-263. jstor.org/stable/23719081
Barajas K., Smith S. (2017) Child Abuse and Neglect. In: Zeigler-Hill V., Shackelford T. (eds) Encyclopedia of Personality and Individual Differences. Springer, Cham. doi:10.1007/978-3-319-28099-8_885-1
Clay, A.L., Okoniewski, K.C., & Haskett, M.E. (2020). Child Abuse Prevention and Treatment Act (CAPTA). Encyclopedia of Child and Adolescent Development. doi:10.1002/9781119171492.wecad222
Committee on Child Maltreatment Research, Policy, and Practice for the Next Decade: Phase II, Board on Children, Youth, and Families, Committee on Law and Justice, Institute of Medicine, National Research Council, Petersen A.C., Joseph, J., & Feit, M., (2014, March 25). New directions in child abuse and neglect research. Washington (DC), U.S: National Academies Press. Retrieved from: https://www.ncbi.nlm.nih.gov/books/NBK195982/
Giurgiu, L.R., & Marica, M.A. (2013). Professional values in social work students and mid-career practitioners: A comparative study. Procedia- Social and Behavioral Sciences, 76(2013), 372-377. doi: 10.1016/j.sbspro.2013.04.130
Harfeld, A., & Marlowe, K. (2017). Making America’s children safe again, advocating for CAPTA reform and beyond. Juvenile and Family, 68(1), 115-128. doi:10.1111/jfcj.12089
Montanari, G. (2020, August 12). Mary Ellen Wilson: When abused children had fewer rights than pets. Medium. Retrieved from https://medium.com/history-of-yesterday/mary-ellen-wilson-the-abused-child-rescued-by-animal-rights-activists-9dfb5b1f100a
Myers, J.E.B. (n.d.). A short history of child protection in America. Sage Pub. Retrieved from https://us.sagepub.com/sites/default/files/upm-binaries/35363_Chapter1.pdf
National Child Abuse and Neglect Training andPublications Project (2014). The Child Abuse Prevention and Treatment Act:40 years of safeguarding America’s children. Department of Health and Human Services, Children’s Bureau. Washington, DC: U.S. Retrieved from https://www.acf.hhs.gov/sites/default/files/cb/capta_40yrs.pdf
Price, A., Bergin, C., Luby, C., Watson, E., Squires, J., … & Little, C. (2012). Implementing Child Abuse Prevention and Treatment Act (CAPTA) requirements to serve substance-exposed newborns: Lessons from a collective case study of four program models. Journal of Public Child Welfare, 6(2), 149-171. doi:10.1080/15548732.2012.667730
Stoltzfus, E. (2009, November 4). The Child Abuse Prevention and Treatment Act (CAPTA): Background, programs, and funding. Congressional Research Service. Retrieved from https://www.everycrsreport.com/files/20091104_R40899_52b107ff31f0e25899fbe35212a7435e09a9a385.pdf
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