AES/Sibling Project – Blog Post 2
Editor’s Note: This blog series is written by Associate Professor Lynette Renner and Research Assistant Lindsay Anderson at the University of Minnesota School of Social Work. Dr. Renner’s research focus is family violence including intimate partner violence and child maltreatment. The goal of this three-part blog series is to provide information and encourage discussion of expanding our understanding of children’s victimization and recognizing that effective responses to the safety and wellbeing of children can only emerge through comprehensive assessment. In the first blog post, we described the prevalence and behavioral effects of children exposed to child maltreatment. In this second blog post, we describe the lack of guidance and definition of siblings in Federal child welfare policies regarding the child welfare system, with a specific emphasis on exposure to child maltreatment.
Although Federal policies provide guidance related to child welfare services and eligibility, great variation exists among policies with respect to who qualifies for intervention and services and what definitions are used to define eligibility. The majority of Federal policies related to child welfare services include minimal language explicitly related to the siblings of maltreated youth and/or to their exposure to child maltreatment.
LACK OF INCLUSION OF EXPOSURE IN DEFINITION OF CHILD MALTREATMENT
The key Federal legislation focused on child maltreatment is the Child Abuse Prevention and Treatment Act (CAPTA). Under CAPTA, “Child abuse and neglect” is defined as “physical or mental injury, sexual abuse, negligent treatment or maltreatment of a child under the age of eighteen by a person who is responsible for the child’s welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary” (Sec. 3. Public law 93-247). Within this definition, there is no inclusion of ‘exposure’ to child maltreatment. By excluding indirect maltreatment in the definition, siblings who are exposed to child maltreatment are limited in the service interventions they receive. The exclusion of siblings’ exposure to child maltreatment is not unique to CAPTA, however, as exposure as a defining term of child maltreatment is lacking throughout Federal policies.
USE OF THE TERM ‘SIBLINGS’ IN FEDERAL POLICIES
Overall, the term ‘sibling(s)’ is infrequently used in Federal policies focused on child maltreatment. When siblings are explicitly referred to it is most often in reference to placement options, with little emphasis on early intervention and prevention services for the siblings of maltreated youth. Fostering Connections and Promoting Safe and Stable Families are two policies that focus on siblings and both use the term in reference to placement planning. Fostering Connections specifies treatment of siblings with respect to placement options stating, “(i) the child and any sibling of the child may be placed in the same kinship guardianship arrangement, in accordance with section 471(a)(31), if the State agency and the relative agree on the appropriateness of the arrangement for the siblings,” and allows for “ii) kinship guardianship assistance payments may be paid on behalf of each sibling so placed.” Promoting Safe and Stable Families, although not focusing on placement of siblings, promotes the maintenance of sibling relationships after a child is placed by providing, “(vii)
DEFINITIONS FOR CHILDREN OTHER THAN THE MALTREATED YOUTH
Although the term ‘sibling’ is infrequently used in Federal Policies relating to child welfare services, a number of other terms are included throughout the policies to ensure that services are provided to children in the family, in addition to those who are directly maltreated. For example, in order to qualify for assistance under CAPTA, a state must provide services to “protect the health and welfare of the abused or neglected child, as well as that of any other child under the same care who may be in danger of abuse or neglect;” (Sec.4 (b) (2) (C)). In addition, Promoting Safe and Stable Families provides services “1) to prevent child maltreatment among families at risk through the provision of supportive family services and 2) to assure children’s safety within the home and preserve intact families in which children have been maltreated, when the family’s problems can be addressed effectively,” (Sec.431.(a)(1). However, no definitions of siblings or family members are included in this policy. Finally, with respect to termination of parental rights due to substantiated maltreatment, the Adoption and Safe Families Act references “the child or another child of the parent,” (H.R.867 (E)). These policies all aim to intervene on behalf of children other than the alleged victim of maltreatment (i.e., children/siblings exposed to child maltreatment), at various stages in the case process; yet, there is no consistent and common definition that specifically targets services to the siblings of maltreated children/youth. Despite evidence that children who are exposed to child maltreatment are at risk for behavioral, academic and other social problems, this group of children are afforded few intervention efforts under current Federal policies.
In our next and final post in this three-part series, we will present information on Minnesota State policies that relate to siblings in the child welfare system and highlight those with an emphasis on exposure to child maltreatment.
References
Child Abuse Prevention and Treatment Act (CAPTA), P.L.93-247 (1974).
The CAPTA Reauthorization Act, P.L.111-320 (2010).
Fostering Connections to Success and Increasing Adoptions Act, P.L. 110-351 (2008).
Promoting Safe and Stable Families Amendments, P.L.107-133 (2001).
Adoption and Safe Families Act, P.L. 105-89 (1997).