DEFINE. PROHIBIT. PREVENT.

An Act : To address the issue of institutional child abuse within residential facilities and programs for youth. 

Institutional Child Abuse remains poorly defined, leaving children in institutional settings uniquely unprotected. The absence of consistent definitions and national standards, combined with exemptions for certain facilities from licensing requirements, allows for inadequate regulation. Government agencies face considerable challenges due to a lack of authority, staffing constraints, and poor communication, particularly when children are placed out-of-state. Inadequate reporting and data collection allow this issue to go unreported and unaddressed. The Institutional Child Abuse Prevention Act takes a comprehensive approach to addressing and preventing institutional child abuse, paving the way for enforcement and prevention.

CAPTA + ICAPA

Child Abuse Prevention and Treatment Act recognizes Institutional Child Abuse 

The Institutional Child Abuse Prevention Act (ICAPA) would work into the existing structure of the Child Abuse Prevention and Treatment Act (CAPTA) by creating a new section or title specifically focused on institutional child abuse. Here’s how it would fit into the different sections of CAPTA:

DEFINE. PROHIBIT. PREVENT.

An Act : To address the issue of institutional child abuse within residential facilities and programs for youth. 

Institutional Child Abuse remains poorly defined, leaving children in institutional settings uniquely unprotected. The absence of consistent definitions and national standards, combined with exemptions for certain facilities from licensing requirements, allows for inadequate regulation. Government agencies face considerable challenges due to a lack of authority, staffing constraints, and poor communication, particularly when children are placed out-of-state. Inadequate reporting and data collection allow this issue to go unreported and unaddressed. The Institutional Child Abuse Prevention Act takes a comprehensive approach to addressing and preventing institutional child abuse, paving the way for enforcement and prevention.

Key Provisions:

Definitions: The Act features a comprehensive definition of “institutional child abuse,” covering actions and neglect leading to death, physical and psychological abuse, sexual abuse, personal exploitation, or child neglect within institutional care. This clear definition enhances child protection by establishing uniform reporting jurisdiction and investigation procedures. Initiatives can be developed prioritizing abuse prevention, rather than only intervention after critical incidents have occurred.

National Reporting Hotline: The National Reporting Hotline replaces traditional methods, introducing a centralized 24/7 hotline for victims and mandated reporters. This National Hotline Hub streamlines prompt disclosure and specific incident details improving perpetrator identification and accountability for instances of institutional child abuse.

Immunity and Retaliation Prohibition: The Act firmly prohibits retaliation against individuals who report suspected institutional child abuse or cooperate in related investigations. It establishes remedies for victims of retaliation, including reinstatement, back pay, and compensatory damages.

Jurisdiction: The Secretary of Health and Human Services is tasked with providing technical assistance to state agencies receiving funds under the Act. This support aims to help state agencies to develop and implement policies and procedures to prevent and address institutional child abuse.

CAPTA + ICAPA

Child Abuse Prevention and Treatment Act recognizes Institutional Child Abuse 

The Institutional Child Abuse Prevention Act (ICAPA) would work into the existing structure of the Child Abuse Prevention and Treatment Act (CAPTA) by creating a new section or title specifically focused on institutional child abuse. Here’s how it would fit into the different sections of CAPTA:

Congressional Findings: ICAPA would expand the findings in CAPTA to recognize institutional child abuse as a pressing issue worthy of addressing within the existing structure of CAPTA, with improvements and a tailored approach.

General Definitions: ICAPA introduces its own set of definitions, particularly defining terms related to institutional child abuse, including the different forms of abuse (physical, sexual, psychological) and the improper use of restraint.

Title I – General Program:

• ICAPA adds a new section within Title I or a separate title that establishes jurisdictional authority for the Department of Human Services to utilize and improve child protection systems to effectively intervene and prevent institutional child abuse.
• Establishes National Hotline and outlines mandatory reporting requirements.
• Requires Federal reporting of data related to institutional child abuse cases, ensuring that information on such cases is accurately documented and reported.
• Prohibits retaliation for mandated reporters.

Title II – Community-Based Grants: ICAPA may propose changes or additional sections within Title II to allocate funds to community-based initiatives specifically aimed at providing services for struggling families, diverting need for residential placement and preventing institutional child abuse.

Sign the ICAPA 2024 Petition

Survivors, supporters, and allied organizations – your signatures can be the driving force behind crucial reform for the protection of youth from institutional child abuse. The passage of the Institutional Child Abuse Prevention Act (ICAPA) is imperative, as it addresses the deeply concerning issue of institutional child abuse, and provides protections to a deeply underserved community of institutionalized youth. 

Sign the ICAPA 2024 Petition

Survivors, supporters, and allied organizations – your signatures can be the driving force behind crucial reform for the protection of youth from institutional child abuse. 

Support the Institutional Child Abuse Prevention act

The ICAPA 2024 legislation is a federal policy that seeks to define and prohibit institutional child abuse. The purpose of this act is to amend the existing Child Abuse Prevention and Treatment Act (CAPTA) to address institutional child abuse as a distinct category of child abuse. This amendment strengthens child protection agencies by providing them with the resources and authority needed to prevent these abuses and take swift action when necessary. ICAPA 2024 introduces a national ICA reporting hotline and mandates prompt reporting of suspected abuse, that enforces anti-retaliation measures for whistleblowers.

By adding your signature to this petition, you become part of a collective voice, urging legislators to protect our children, regardless of their circumstances, and ensuring that they receive safety, protection, and ethical care. Join us in this vital effort to reform the protection and advocacy systems and to prevent the suffering that so many children have endured.

Let’s unite, demonstrate our strength in numbers, and sign this petition to make an immediate impact on the lives of institutionalized youth.

Please consider sharing a short personal testimony to enlighten legislators about the realities of the Troubled Teen Industry (TTI) and the firsthand experiences of survivors. Your story adds depth and credibility to your support, urging representatives to take action. *Your submission will remain confidential and will only be shared with legislators to advocate for ICAPA 2024.