Legal Requirements
for the IFSP
Child Welfare and Part C
In the past three years the Child Abuse Prevention Act (CAPTA), and the Individuals with Disabilities Education Act (IDEA) have been amended to require state child welfare and Part C early intervention systems to establish procedures for the referral of maltreated and drug exposed infants and toddlers to Part C early intervention services.
The report language that accompanied the final IDEA conference bill indicated that every child described in Sec. 637(a)(6)(A) and (B) should be screened by a Part C provider or designated primary referral source to determine whether a referral for an evaluation or be enrolled in Part C early intervention services.
Nationally, Children ages birth to 3 years had the highest rates of victimization at 16.0 per 1,000 children. (U.S. Department of Health and Human Services 2004).
The youngest children accounted for the largest percentage of victims. In 2004, a total of 4,785 Nebraska children were involved in a substantiated report of abuse and neglect. Of the total, 30.2% of the children were 3 years of age or younger, with 9.98% younger than one year. (
Data from the CWLA National Data Analysis System (http://ndas.cwla.org).
The requirement that young children involved in cases of abuse and neglect be referred to Part C is a consequence of the increase concern regarding the health and developmental status of children who are maltreated (Halfon & Klee, 1987; Shonkoff & Phillips, 2000). Health and developmental problems result from both the increased vulnerability to maltreatment that comes from having a disability and the fact that children develop disabilities as a result of maltreatment. Research has found that children with disabilities are more vulnerable to maltreatment than children without disabilities.
Understanding the Effects of Maltreatment on Early Brain Development (
Child Welfare Information Gateway; 2001) provides an overview of early brain development and examines how child abuse can impair cognitive and emotional functioning. The specific effects of stress, persistent fear response, hyperarousal, dissociation, disrupted attachment process, and neglect are discussed. The briefing reviews the implications of research findings for the child welfare system, practitioners, and caregivers. Early intervention and prevention strategies are suggested.
Because a majority of abuse and neglect of children with disabilities occur within families, goals of family focused prevention include increasing knowledge and understanding about the child's disability and development. Improving the parent's awareness to resources, and access to services should also be a goal for the prevention on maltreatment. The Individualized Family Service Plan is one component to help families amongst the myriad of resources needed to enhance the development of the child.
Below are Nebraska CAPTA resources that may be of interest:
About CAPTA: A Legislative History
CAPTA Suggestions for Local Discussions
Roles and Responsibilities for CAPTA and EDN
Protection & Safety Glossary and Early Development Network of Terms
Protocol for Referral from Protection & Safety to the Early Development Network (Flow Chart)
Early Development Network Referral Form
CAPTA DHHS Memo
Keeping Children and Families Safe Act
Additional Resources>>>
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