The flawed nature and impacts of the Child Abuse Prevention and Treatment Act (CAPTA)

In 2022, 558,899 children were victims of child maltreatment, with roughly 74.3% attributed to neglect. Racialized poverty, a driver of neglect, is associated with distressed family functioning and less than optimal parenting choices. Black children are disproportionately represented in Child Protective Services (CPS) interventions, such as foster placements, compared to white children. The persistent overrepresentation of Black families under CPS oversight necessitates systemic changes to address these disproportionate outcomes, rooted in historical, cultural, and intergenerational marginalization.

To understand the effects of the Child Abuse Prevention Treatment Act (CAPTA) through the lived experiences of Black mothers surveilled by CPS.

Black mothers in the U.S., aged 18 or older, who had been investigated by CPS for neglect.

A mixed-methods study, including a 52-item electronic voice-recorded survey, was conducted. Closed and open-ended questions gathered data on neglect allegations, experiences with CPS, parenting choices, beliefs, and intent, particularly how these are shaped under CPS surveillance. It assessed cognitions, decision-making, and parenting intent related to neglectful and non-neglectful behaviors. Presented herein is a qualitative analysis of open-ended questions using a phenomenological approach to identify key themes.

Four themes related to CAPTA were elicited from (n = 112) mothers: 1) the contexts of CPS exposure; 2) the situation was not neglect; 3) CPS operates as a blunt instrument that harms vulnerable people; and 4) CPS inattention to parental strengths and resourcefulness.

The impact of flawed policy designs, including mandatory reporting under CAPTA results in long-term trauma from CPS exposure and surveillance.