80 FR 17045 - Notice for Public Comment on the Child Abuse Prevention and Treatment Act (CAPTA)
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families Federal Register Volume 80, Issue 61 (March 31, 2015)
Administration for Children and Families
Federal Register Volume 80, Issue 61 (March 31, 2015)
| Page Range | 17045-17046 | |
| FR Document | 2015-07390 |
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)] [Notices] [Pages 17045-17046] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07390] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Notice for Public Comment on the Child Abuse Prevention and Treatment Act (CAPTA) AGENCY: Children's Bureau; Administration on Children, Youth and Families; ACF, HHS. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Pursuant to 42 U.S.C. 5106a, the Children's Bureau (CB) announces the opportunity for public comment on the policy interpretation of section 106(b)(2)(B)(x) articulated in question 2.1A.4 #8 of the Child Welfare Policy Manual (CWPM), which concerns the public disclosure of findings or information about a case of child abuse or neglect which results in a child fatality or near fatality. DATES: Submit written or electronic comments on or before June 29, 2015. ADDRESSES: Interested persons may submit comments to http://www.regulations.gov/. We urge you to submit comments electronically to ensure they are received in a timely manner. Written comments may also be submitted to Kathleen McHugh, United States Department of Health and Human Services, Administration for Children and Families, Policy Division, 8th Floor, 1250 Maryland Avenue, SW., Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Kathleen McHugh, United States Department of Health and Human Services, Administration for Children and Families, Policy Division, 8th Floor, 1250 Maryland Avenue, SW., Washington, DC 20024. Email address: [email protected]. [[Page 17046]] SUPPLEMENTARY INFORMATION: Section 106(b)(2)(B)(x) of CAPTA requires a certification by the State Governor that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes ``provisions which allow for public disclosure of the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality.'' We revised our policy interpretation of the statutory provision regarding public disclosure of information in cases of child abuse or neglect which have resulted in a child fatality or near fatality found in section 106(b)(2)(B)(x) of CAPTA in September 2012 with the addition of CWPM question 2.1A.4 #8. This interpretation requires States to develop procedures for the release of information including, but not limited to: the cause of and circumstances regarding the fatality or near fatality; the age and gender of the child; information describing any previous reports or child abuse or neglect investigations that are pertinent to the child abuse or neglect that led to the fatality or near fatality; the result of any such investigations; and the services provided by and actions of the State on behalf of the child that are pertinent to the child abuse or neglect that led to the fatality or near fatality. States may allow exceptions to the release of information in order to ensure the safety and well- being of the child, parents and family or when releasing the information would jeopardize a criminal investigation, interfere with the protection of those who report child abuse or neglect or harm the child or the child's family. States must also ensure compliance with other federal confidentiality restrictions when implementing the confidentiality provisions under CAPTA, including the confidentiality requirements applicable to titles IV-B and IV-E of the Social Security Act (the Act) and in accordance with 45 CFR 1355.30, which requires that records maintained under title IV-E and IV-B of the Act are subject to the confidentiality provisions in 45 CFR 205.50. Among other things, 45 CFR 205.50 restricts the release or use of information concerning individuals receiving financial assistance under these programs to certain persons or agencies that require the information for specified purposes. We also revised several CWPM answers in section 2.1A to bring them in line with the policy as outlined in the new question and answer (Q/ A). CWPM section 2.1A.1, questions 1, 2, 6, and 8; and CWPM section 2.1A.4, questions 3, 4, 5, 6, and 7 were all revised. At that time, Q/A 2.1A.4 #2, was deleted, but it was updated and reissued in August 2013. This Q/A clarifies that when child abuse or neglect results in the death or near death of a child, the State must provide for the disclosure of the information required by section 2.1A.4, Q/A #8 of the CWPM, but that the provision should not be interpreted to require disclosure of information which would fall within the specific exceptions that states are allowed to establish under section 2.1A.4, Q/A #8 of the CWPM. The full Q/A 2.1A.4 #2 can be found at: http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=68#320. The history of the modified Q/A's is also available in the CWPM at: http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=68#2561). We seek comment from state agencies and other stakeholders about the revised policy interpretation at CWPM, section 2.1A.4, Q/A #8, or any other revised policies in section 2.1A of the CWPM noted above. We encourage stakeholder respondents to address the following questions: (1) Please describe any challenges you've had obtaining information about child fatalities and near fatalities which resulted from child abuse and neglect from a state. Have there been improvements in obtaining the information since CB revised the policy in CWPM section 2.1.A in September 2012? (2) What concerns, if any, do you have with the definition of near fatalities in a state? (3) Has a state responded that the state cannot disclose information due to confidentiality protections? If so, describe the information requested and the confidentiality provision cited by the state. (4) Does your state offer a public report of the child fatalities review panel/commission? If so, does the report contain the required disclosure of information? Is the report a barrier to obtaining information? We encourage state agency respondents to address the following questions: (1) What challenges, if any, have you faced implementing the revised policy? Has the revised policy improved your disclosure process and policies? (2) Are there challenges in applying the disclosure policy while also ensuring that you adhere to confidentiality protections? Dated: March 24, 2015. Mark H. Greenberg, Acting Assistant Secretary for Children and Families. [FR Doc. 2015-07390 Filed 3-30-15; 8:45 am] BILLING CODE 4184-29-P
![Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices 17045
a nonbanking company, the review also 1. The Belva H. Rasmussen 2012 where an agenda and any additional
includes whether the acquisition of the Irrevocable Trust, Roseville, Minnesota, information for the meeting will be posted
nonbanking company complies with the Pamela M. Harris, Falcon Heights, when available.
standards in section 4 of the BHC Act Minnesota, and Eva B. Rasmussen, (Catalogue of Federal Domestic Assistance
(12 U.S.C. 1843). Unless otherwise Edina, Minnesota, individually and as Program Nos. 93.392, Cancer Construction;
93.393, Cancer Cause and Prevention
noted, nonbanking activities will be trustees, and Benjamin T. Rasmussen,
Research; 93.394, Cancer Detection and
conducted throughout the United States. Edina, Minnesota, to retroactively join Diagnosis Research; 93.395, Cancer
Unless otherwise noted, comments the Rasmussen Family Control Group; to Treatment Research; 93.396, Cancer Biology
regarding each of these applications acquire voting shares of Northeast Research; 93.397, Cancer Centers Support;
must be received at the Reserve Bank Securities Corporation, Minneapolis, 93.398, Cancer Research Manpower; 93.399,
indicated or the offices of the Board of Minnesota; and thereby indirectly Cancer Control, National Institutes of Health,
Governors not later than April 24, 2015. acquire voting shares of Northeast Bank, HHS)
A. Federal Reserve Bank of Kansas Minneapolis, Minnesota.
Dated: March 26, 2015.
City (Dennis Denney, Assistant Vice Board of Governors of the Federal Reserve
Melanie J. Gray,
President) 1 Memorial Drive, Kansas System, March 26, 2015.
City, Missouri 64198–0001: Program Analyst, Office of Federal Advisory
Michael J. Lewandowski,
Committee Policy.
1. Jones National Corporation, Associate Secretary of the Board.
[FR Doc. 2015–07340 Filed 3–30–15; 8:45 am]
Seward, Nebraska; to acquire 100 [FR Doc. 2015–07296 Filed 3–30–15; 8:45 am]
percent of the voting shares of BILLING CODE 4140–01–P
BILLING CODE 6210–01–P
Valparaiso Enterprises, Inc., and thereby
indirectly acquire Oak Creek Valley
Bank, both in Valparaiso, Nebraska. DEPARTMENT OF HEALTH AND
DEPARTMENT OF HEALTH AND HUMAN SERVICES
In connection with this application, HUMAN SERVICES
Applicant also has applied to engage Administration for Children and
through Valparaiso Enterprises, Inc., National Institutes of Health Families
Valparaiso, Nebraska, in general
insurance activities in a town of less National Cancer Institute; Notice of Notice for Public Comment on the
than 5,000 in population, pursuant to Closed Meeting Child Abuse Prevention and Treatment
section 225.28(b)(11)(iii)(A). Pursuant to section 10(d) of the Act (CAPTA)
Board of Governors of the Federal Reserve Federal Advisory Committee Act, as AGENCY: Children’s Bureau;
System, March 26, 2015. amended (5 U.S.C. App.), notice is Administration on Children, Youth and
Michael J. Lewandowski, hereby given of the following meeting. Families; ACF, HHS.
Associate Secretary of the Board. The meeting will be closed to the
ACTION: Notice.
[FR Doc. 2015–07295 Filed 3–30–15; 8:45 am] public in accordance with the
BILLING CODE 6210–01–P provisions set forth in sections SUMMARY: Pursuant to 42 U.S.C. 5106a,
552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the Children’s Bureau (CB) announces
as amended. The grant applications and the opportunity for public comment on
FEDERAL RESERVE SYSTEM the discussions could disclose the policy interpretation of section
confidential trade secrets or commercial 106(b)(2)(B)(x) articulated in question
Change in Bank Control Notices; property such as patentable material, 2.1A.4 #8 of the Child Welfare Policy
Acquisitions of Shares of a Bank or and personal information concerning Manual (CWPM), which concerns the
Bank Holding Company individuals associated with the grant public disclosure of findings or
applications, the disclosure of which information about a case of child abuse
The notificants listed below have
would constitute a clearly unwarranted or neglect which results in a child
applied under the Change in Bank
invasion of personal privacy. fatality or near fatality.
Control Act (12 U.S.C. 1817(j)) and
section 225.41 of the Board’s Regulation Name of Committee: National Cancer DATES: Submit written or electronic
Y (12 CFR 225.41) to acquire shares of Institute Special Emphasis Panel comments on or before June 29, 2015.
Development of Informatics Technology.
a bank or bank holding company. The ADDRESSES: Interested persons may
Date: April 15–16, 2015.
factors that are considered in acting on Time: 11:00 a.m. to 5:00 p.m. submit comments to http://
the notices are set forth in paragraph 7 Agenda: To review and evaluate grant www.regulations.gov/. We urge you to
of the Act (12 U.S.C. 1817(j)(7)). applications. submit comments electronically to
The notices are available for Place: National Cancer Institute Shady ensure they are received in a timely
immediate inspection at the Federal Grove, 9609 Medical Center Drive, Room manner. Written comments may also be
Reserve Bank indicated. The notices 7W538, Rockville, MD 20850, (Telephone submitted to Kathleen McHugh, United
Conference Call). States Department of Health and Human
also will be available for inspection at
Contact Person: Nicholas Kenney, Ph.D.,
the offices of the Board of Governors. Services, Administration for Children
Scientific Review Officer, Research
Interested persons may express their Technology and Contract Review Branch, and Families, Policy Division, 8th Floor,
views in writing to the Reserve Bank Division of Extramural Activities, National 1250 Maryland Avenue, SW.,
indicated for that notice or to the offices Cancer Institute, 9609 Medical Center Drive, Washington, DC 20024.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
of the Board of Governors. Comments Room 7W246, Rockville, MD 20850, 240– FOR FURTHER INFORMATION CONTACT:
must be received not later than April 15, 276–6374, nicholas.kenney@nih.gov. Kathleen McHugh, United States
2015. This notice is being published less than 15 Department of Health and Human
days prior to the meeting due to the timing
A. Federal Reserve Bank of limitations imposed by the review and
Services, Administration for Children
Minneapolis (Jacquelyn K. Brunmeier, funding cycle. and Families, Policy Division, 8th Floor,
Assistant Vice President) 90 Hennepin Information is also available on the 1250 Maryland Avenue, SW.,
Avenue, Minneapolis, Minnesota Institute’s/Center’s home page: http:// Washington, DC 20024. Email address:
55480–0291: deainfo.nci.nih.gov/advisory/sep/sep.htm, cbcomments@acf.hhs.gov.
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![17046 Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices
SUPPLEMENTARY INFORMATION: Section 4, 5, 6, and 7 were all revised. At that Dated: March 24, 2015.
106(b)(2)(B)(x) of CAPTA requires a time, Q/A 2.1A.4 #2, was deleted, but it Mark H. Greenberg,
certification by the State Governor that was updated and reissued in August Acting Assistant Secretary for Children and
the State has in effect and is enforcing 2013. This Q/A clarifies that when child Families.
a State law, or has in effect and is abuse or neglect results in the death or [FR Doc. 2015–07390 Filed 3–30–15; 8:45 am]
operating a statewide program, relating near death of a child, the State must BILLING CODE 4184–29–P
to child abuse and neglect that includes provide for the disclosure of the
‘‘provisions which allow for public information required by section 2.1A.4,
disclosure of the findings or information Q/A #8 of the CWPM, but that the DEPARTMENT OF HEALTH AND
about the case of child abuse or neglect provision should not be interpreted to HUMAN SERVICES
which has resulted in a child fatality or require disclosure of information which
near fatality.’’ We revised our policy would fall within the specific National Institutes of Health
interpretation of the statutory provision exceptions that states are allowed to
regarding public disclosure of establish under section 2.1A.4, Q/A #8 Center for Scientific Review; Notice of
information in cases of child abuse or of the CWPM. The full Q/A 2.1A.4 #2 Closed Meetings
neglect which have resulted in a child can be found at: http://www.acf.hhs.gov/ Pursuant to section 10(d) of the
fatality or near fatality found in section cwpm/programs/cb/laws_policies/laws/ Federal Advisory Committee Act, as
106(b)(2)(B)(x) of CAPTA in September cwpm/policy_dsp.jsp?citID=68#320. The amended (5 U.S.C. App.), notice is
2012 with the addition of CWPM history of the modified Q/A’s is also hereby given of the following meetings.
question 2.1A.4 #8. This interpretation available in the CWPM at: http:// The meetings will be closed to the
requires States to develop procedures www.acf.hhs.gov/cwpm/programs/cb/ public in accordance with the
for the release of information including, laws_policies/laws/cwpm/policy_ provisions set forth in sections
but not limited to: the cause of and dsp.jsp?citID=68#2561). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
circumstances regarding the fatality or We seek comment from state agencies as amended. The grant applications and
near fatality; the age and gender of the and other stakeholders about the revised the discussions could disclose
child; information describing any policy interpretation at CWPM, section confidential trade secrets or commercial
previous reports or child abuse or 2.1A.4, Q/A #8, or any other revised property such as patentable material,
neglect investigations that are pertinent policies in section 2.1A of the CWPM and personal information concerning
to the child abuse or neglect that led to noted above. individuals associated with the grant
the fatality or near fatality; the result of We encourage stakeholder applications, the disclosure of which
any such investigations; and the respondents to address the following would constitute a clearly unwarranted
services provided by and actions of the questions: invasion of personal privacy.
State on behalf of the child that are (1) Please describe any challenges Name of Committee: Center for Scientific
pertinent to the child abuse or neglect you’ve had obtaining information about Review Special Emphasis Panel; Member
that led to the fatality or near fatality. child fatalities and near fatalities which Conflict: AIDS and AIDS Related Research.
States may allow exceptions to the resulted from child abuse and neglect
Date: April 8, 2015.
release of information in order to ensure Time: 11:00 a.m. to 5:00 p.m.
from a state. Have there been Agenda: To review and evaluate grant
the safety and well-being of the child, improvements in obtaining the
parents and family or when releasing applications.
information since CB revised the policy Place: National Institutes of Health, 6701
the information would jeopardize a in CWPM section 2.1.A in September Rockledge Drive, Bethesda, MD 20892,
criminal investigation, interfere with the 2012? (Telephone Conference Call).
protection of those who report child Contact Person: Mary Clare Walker, Ph.D.,
(2) What concerns, if any, do you have
abuse or neglect or harm the child or the Scientific Review Officer, Center for
with the definition of near fatalities in
child’s family. States must also ensure Scientific Review, National Institutes of
a state? Health, 6701 Rockledge Drive, Room 5208,
compliance with other federal
confidentiality restrictions when (3) Has a state responded that the state MSC 7852, Bethesda, MD 20892, (301) 435–
implementing the confidentiality cannot disclose information due to 1165, walkermc@csr.nih.gov.
confidentiality protections? If so, This notice is being published less than 15
provisions under CAPTA, including the days prior to the meeting due to the timing
confidentiality requirements applicable describe the information requested and
the confidentiality provision cited by limitations imposed by the review and
to titles IV–B and IV–E of the Social funding cycle.
Security Act (the Act) and in accordance the state.
Name of Committee: Center for Scientific
with 45 CFR 1355.30, which requires (4) Does your state offer a public Review Special Emphasis Panel; Topics in
that records maintained under title IV– report of the child fatalities review Bacterial Pathogenesis.
E and IV–B of the Act are subject to the panel/commission? If so, does the report Date: April 9, 2015.
confidentiality provisions in 45 CFR contain the required disclosure of Time: 10:00 a.m. to 11:00 a.m.
205.50. Among other things, 45 CFR information? Is the report a barrier to Agenda: To review and evaluate grant
205.50 restricts the release or use of obtaining information? applications.
Place: National Institutes of Health, 6701
information concerning individuals We encourage state agency
Rockledge Drive, Bethesda, MD 20892,
receiving financial assistance under respondents to address the following (Telephone Conference Call).
these programs to certain persons or questions: Contact Person: Marci Scidmore, Ph.D.,
asabaliauskas on DSK5VPTVN1PROD with NOTICES
agencies that require the information for (1) What challenges, if any, have you Scientific Review Officer, Center for
specified purposes. faced implementing the revised policy? Scientific Review, National Institutes of
We also revised several CWPM Has the revised policy improved your Health, 6701 Rockledge Drive, Room 3192,
disclosure process and policies? MSC 7808, Bethesda, MD 20892, 301–435–
answers in section 2.1A to bring them 1149, marci.scidmore@nih.gov.
in line with the policy as outlined in the (2) Are there challenges in applying This notice is being published less than 15
new question and answer (Q/A). CWPM the disclosure policy while also days prior to the meeting due to the timing
section 2.1A.1, questions 1, 2, 6, and 8; ensuring that you adhere to limitations imposed by the review and
and CWPM section 2.1A.4, questions 3, confidentiality protections? funding cycle.
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Document Created: 2015-12-18 11:48:28
Document Modified: 2015-12-18 11:48:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Submit written or electronic comments on or before June 29, 2015. | |
| Contact | Kathleen McHugh, United States Department of Health and Human Services, Administration for Children and Families, Policy Division, 8th Floor, 1250 Maryland Avenue, SW., | |
| FR Citation | 80 FR 17045 |
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