Making America's Children Safe Again

• DOI: http://doi.org/10.1111/jfcj.12089
• Author: Amy Harfeld,Kendall Marlowe
• Date: 01 March 2017
• Published date: 01 March 2017

Making America’s Children Safe Again*

Advocating for CAPTA Reform and Beyond

By Amy Harfeld and Kendall Marlowe

ABSTRACT

With government’s response to child abuse and neglect seen as one of the

most daunting challenges for public policy and law, legislative reform on this

issue struggles to adequately protect children while preserving the integrity of

family. The authors utilize the Child Abuse Prevention and Treatment Act

(CAPTA) as an example of the funding and policy challenges in reforming federal

child welfare law, as well as a lens through which advocates can locate both

conventional and unconventional tools to move forward. CAPTA is examined as

an important but weak and flawed federal statute. Authors present an array of

opportunities to improve CAPTA during the next reauthorization cycle. Noting

exemplary successes, in other recent and related legislation reforms, are suggested

for CAPTA to more effectively address ongoing challenges of child welfare.

Key words: Child Advocacy, Child Welfare Reform, CAPTA, Child Welfare Finance Reform,

Child Abuse and Neglect, Revenue-Neutral, Oversight, Enforcement, State Compliance.

Amy Harfeld serves as the National Policy Director and Senior Staff Attorney for the Children’s

Advocacy Institute (CAI), based at the University of San Diego School of Law. Inspired into advocacy as an

early corps member of Teach For America, she has since focused her career on amplifying the voice of and

improving outcomes for vulnerable children and foster youth. She obtained her BA from the University of

Michigan and her JD from the City University of New York Law School.

Kendall Marlowe grew up in a family that welcomed six foster youth and as an adult has been a fos-

ter and adoptive parent. He served as Executive Director of the National Association of Counsel for Children

and as Deputy Director and Bureau Chief of the Illinois Department of Children and Family Services. He

holds a Master’s from the University of Chicago School of Social Service Administration and a J.D. from Loy-

ola University Chicago School of Law.

Special thanks to Amanda Purcell, student at the University of San Diego School of Law, and Mered-

ith K. Hamsher, Esq., for their assistance in editing and footnoting this article.

*Play on words referencing the slogan of the Donald J. Trump 2016 Presidential campaign. See Don-

ald J. Trump, Make America Great Again!, https://www.donaldjtrump.com.

Juvenile and Family Court Journal 68, No. 1

©2017 National Council of Juvenile and Family Court Judges

115