Luján Reintroduces the Alternative Pathways to Child Abuse Prevention Act

Washington, D.C. – Today, U.S. Senator Ben Ray Luján (D-N.M.) reintroduced legislation to promote the implementation of alternative responses to Child Protective Services (CPS) for families who are considered low-risk. The Alternative Pathways to Child Abuse Prevention Act will require states to submit an alternative response to low-risk families to community-based support networks to preserve children with their families safely. The legislation also drastically increases much-needed federal funding for Child Abuse Prevention and Treatment Act (CAPTA) state formula grants for child abuse treatment and grant programs for community-based prevention programs that help strengthen families and child well-being.

“Families deserve support – not punishment or separation when they lack basic resources. The child welfare system has often resulted in family separation rather than providing support that allows children to safely remain with their parents,” said Senator Luján. “The Alternative Pathways to Child Abuse Prevention Act will require alternatives to common child protective services practices to keep kids safe while helping families on a pathway to success with the support of community-based services. This legislation will help ensure that children and families have the opportunity to thrive and promote a much-needed equitable child welfare system.”

Research shows that only 12.5% of the cases investigated by the child protective system for abuse or neglect are found to be substantiated. Cases found unsubstantiated, however, were often identified as requiring resources or support. When families and children are wrongfully referred to child protective services (CPS), rather than being provided with alternative pathways to support family well-being to promote positive child outcomes, the future of thousands of children in the United States is threatened. Furthermore, the unnecessary CPS investigation may then be a source of trauma for children and caregivers alike. When families are referred to CPS due to circumstances such as poverty, scarce resources are wrongfully invested into low-risk children rather than making a connection to community-based supports to build protective factors.

Children experience negative implications when their families don’t have the resources and support necessary to help care for them. As a result, these children are more likely to have poor outcomes in the long term. Leveraging community-based supports family well-being and ensures that children can safely remain with their families.

The Alternative Pathways to Child Abuse Prevention Act requires states to submit an alternative response plan to receive federal grant funding under the Child Abuse Prevention and Treatment Act (CAPTA). This bill also authorizes $500 million for CAPTA Title I state formula grants and $1 billion for Title II community-based prevention programs. It also improves data collection on the co-occurrence of domestic violence, child abuse, and neglect and encourages Tribes to adopt intervention procedures to enhance the safety of children and victims of domestic violence. Luján first introduced this legislation in May 2021, and it was included in the bipartisan CAPTA reauthorization bill favorably reported by the Senate Health, Education, Labor, and Pensions (HELP) Committee in the 117^th Congress. 

The legislation is endorsed by the American Psychological Association, National Child Abuse Coalition, Social Current, National Family Support Network, Children’s Trust Fund Alliance, Child Welfare League of America, Futures Without Violence, Prevent Child Abuse America, National Prevention Science Coalition to Improve Lives, and Zero to Three.

A summary of the bill can be found HERE. Full text of the bill is available HERE.

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