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[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16577-16579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07238]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1340

Technical Regulation: Removal of Child Abuse and Neglect 
Prevention and Treatment Act Implementing Regulations

AGENCY: Children's Bureau, Administration on Children, Youth and 
Families, Administration for Children and Families, Department of 
Health and Human Services (HHS).

ACTION: Final rule.

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SUMMARY: The Administration for Children and Families is removing the 
Child Abuse Prevention and Treatment Act (CAPTA) regulations in their 
entirety. These regulations no longer apply to the CAPTA programs they 
were originally designed to implement because of major legislative 
changes to CAPTA since the regulations were issued.

DATES: This rule is effective June 29, 2015.

[[Page 16578]]

FOR FURTHER INFORMATION CONTACT: Kathleen McHugh, Director of Policy, 
Children's Bureau, Administration on Children, Youth and Families, 
(202) 401-5789 or by email at kathleen.mchugh@acf.hhs.gov. Do not email 
comments to this address.

SUPPLEMENTARY INFORMATION: 

Statutory Authority

    This final rule is published under the authority granted to the 
Secretary of the Department of Health and Human Services by 42 U.S.C. 
5101, et seq.
    In accordance with the Administrative Procedure Act (5 U.S.C. 553), 
it is the practice of the Secretary to offer interested parties the 
opportunity to comment on proposed regulations. However, these 
regulations merely reflect statutory changes and remove unnecessary and 
obsolete regulatory provisions. Removal of the regulations does not 
establish or affect substantive policy. Therefore, the Secretary has 
determined, pursuant to 5 U.S.C. 553(b)(B), that public comment is 
unnecessary and contrary to the public interest.

Background

    There have been major and extensive legislative changes to CAPTA 
since the CAPTA regulations in 45 CFR part 1340 were issued in 1983 and 
updated in 1990. The regulations provided guidance to States to 
implement CAPTA programs that were in effect prior to 1996. These 
programs changed significantly beginning with the Child Abuse 
Prevention and Treatment Act Amendments of 1996. This CAPTA 
reauthorization overhauled the CAPTA state grant program, including the 
program authorizations for appropriations, making the regulations 
obsolete. Later, CAPTA reauthorizations also amended the State grant 
program in section 106 of CAPTA, making the regulations outdated since 
they do not include all of the CAPTA state grant program requirements 
contained in the law.
    Furthermore, Section 6 of the President's Executive Order 13563 of 
January 18, 2011 called for retrospective analyses of existing rules 
``that may be outmoded, ineffective, insufficient, or excessively 
burdensome, and to modify, streamline, expand, or repeal them in 
accordance with what has been learned.'' As such, we believe it is 
unnecessary and outmoded to implement the CAPTA state grant programs 
through regulation. We believe the program requirements are made clear 
in the statute and have provided policy interpretations and program 
instructions to implement the program since 1996 in lieu of 
regulations. Removing the CAPTA regulations at 45 CFR part 1340 would 
be in keeping with Executive Order 13563.
    In addition, section 109 of CAPTA instructs the Secretary to adopt 
regulations that are ``necessary or appropriate to ensure that there is 
effective coordination'' among CAPTA programs. We believe these 
regulations are no longer necessary or appropriate to ensure 
coordination because we have provided policy interpretations and 
program instructions to guide such coordination.
    For these reasons, based on our analysis of 45 CFR part 1340, we 
are removing 45 CFR part 1340 from the Code of Federal Regulations.

Section-by-Section Discussion of the Provisions of This Rule

Subpart A--General Provisions

Section 1340.1 Purpose and Scope
    We are removing section 1340.1 because it is outdated and non-
essential to the current operations of the CAPTA programs. Paragraphs 
(a) and (b) clarify the role and activities of the National Center on 
Child Abuse and Neglect, which no longer exists; paragraph 1340.1(c) is 
extraneous because it only indicates that the requirements related to 
child abuse and neglect applicable to title IV-B of the Social Security 
Act are implemented by regulation at 45 CFR parts 1355 and 1357; and 
paragraph 1340.1(d) is unnecessary because it simply restates the 
prohibition on CAPTA funding for the construction of facilities that is 
provided for in section 108 of CAPTA.
Section 1340.2 Definitions
    We are removing the definitions in section 1340.2 because we are 
removing all of the sections to which the definitions apply. In 
addition, they are non-essential to the operations of the CAPTA 
programs for the following reasons. Paragraph (a) defines a ``properly 
constituted authority'' which is no longer relevant to the state plan 
requirements; paragraph (b) defines ``Act'' to mean the Child Abuse 
Prevention and Treatment Act, which is unnecessary; paragraph (c) 
defines ``Center'' as the National Center on Child Abuse and Neglect, 
which no longer exists. Paragraph (d) and its subparagraphs define and 
clarify the terms ``child abuse and neglect'', ``sexual abuse'', 
``negligent treatment or maltreatment'', ``threatened harm to a child's 
health or welfare'' and ``a person responsible for a child's welfare''. 
These definitions are outdated and superseded by statutory definitions; 
paragraphs (e) through (h) define ``Commissioner'', ``grants'', 
``Secretary'' and ``State'' which are either self-explanatory or 
defined in statute.
Section 1340.3 Applicability of Department-Wide Regulations
    We are removing section 1340.3 because we are removing all of the 
sections that the Department-wide regulations are applied to by section 
1340.3. In addition, these referenced regulations apply to CAPTA 
programs through the referenced Department-wide regulation itself or 
are no longer applicable to CAPTA grants.
    Sections 1340.3(a) and (b) specify the Department of Health and 
Human Services regulations that are applicable to all grants and 
contracts made under this part:
     45 CFR part 16--Procedures of the Departmental Grant 
Appeals Board
     45 CFR part 46--Protection of human subjects
     45 CFR part 74--Administration of grants
     45 CFR part 75--Informal grant appeals procedures
     45 CFR part 80--Nondiscrimination under programs receiving 
Federal assistance through the Department of Health and Human 
Services--effectuation of title VI of the Civil Rights Act of 1964
     45 CFR part 81--Practice and procedure for hearings under 
part 80
     45 CFR part 84--Nondiscrimination on the basis of handicap 
in programs and activities receiving or benefiting from Federal 
financial assistance
     48 CFR Chapter 1--Federal Acquisition Regulations
     48 CFR Chapter 3--Federal Acquisition Regulations--
Department of Health and Human Services.
Section 1340.4 Coordination Requirements
    We are removing the coordination requirements in section 1340.4 
because it is superseded by coordination language in section 101 of 
CAPTA, enacted in the CAPTA Amendments of 1996.

Subpart B--Grants to States

Sections 1340.10 Purpose of This Subpart, 1340.11 Allocation of Funds 
Available, 1340.12 Application Process, 1340.13 Approval of 
Applications, 1340.14 Eligibility Requirements and 1340.15 Services and 
Treatment for Disabled Infants
    We are removing sections 1340.10 through 1340.15 because they are 
obsolete. Prior to the enactment of the

[[Page 16579]]

CAPTA Amendments of 1996, section 107 of CAPTA authorized funding for 
two State grant programs: (1) To assist States to develop, strengthen 
and carry out child abuse and neglect prevention and treatment 
programs; and (2) to assist States in responding to reports of medical 
neglect (including the withholding of medically indicated treatment 
from disabled infants with life-threatening conditions), and improving 
the provision of services to disabled infants with life-threatening 
conditions and their families. Sections 1340.10 through 1340.14 applied 
to the former and 1340.15 to the latter and are not applicable to the 
current CAPTA State grant program in section 106.
    The CAPTA Amendments of 1996 and later amendments significantly 
revised the State grant requirements in law prior to 1996. Now, States 
must submit a State plan in order to be eligible to receive a grant, 
including extensive State plan assurances. There is no longer the grant 
application and approval process specified in the regulations and 
States now provide assurances in their State plans that certain 
activities will be carried out using the grant funds to achieve the 
objectives of the law.
    The protections for disabled infants (commonly known as ``Baby 
Doe'') are now included in the statute in the form of a State plan 
assurance. Specifically, States are required under section 106(b)(2)(C) 
of CAPTA to have procedures to respond to reports of withholding 
medically indicated treatment from disabled infants with life-
threatening conditions. In addition ``withholding of medically 
indicated treatment'' is defined in section 111 of CAPTA. No longer is 
there a specific State grant program and funding for improving the 
provision of services to disabled infants with life-threatening 
conditions and their families.

Subpart C--Discretionary Grants and Contracts

Section 1340.20 Confidentiality
    We are deleting section 1340.20 because section 106 of CAPTA 
addresses requirements for state grantees for confidentiality of 
records, and confidentiality requirements for other grantees can be 
addressed in the terms and conditions of the grant.
Appendix to Part 1340--Interpretive Guidelines Regarding CFR 1340.15--
Services and Treatment for Disabled Infants
    We are deleting the appendix to Part 1340. The appendix was added 
through a Final Rule (50 FR 14878) in 1985 to implement a grant program 
made available through the Child Abuse Amendments of 1984 (Pub. L. 98-
457). This grant program is no longer in effect as it was at the time 
the appendix was added (Child Abuse Prevention and Treatment Act 
Amendments of 1996 (Pub. L. 104-235)).

Paperwork Reduction Act

    Under the Paperwork Reduction Act (Pub. L. 104-13), all Departments 
are required to submit to OMB for review and approval any reporting or 
recordkeeping requirements inherent in a proposed or final rule. There 
are no new requirements as a result of this regulation.

Regulatory Flexibility Analysis

    The Secretary certifies, under 5 U.S.C. 605(b), and enacted by the 
Regulatory Flexibility Act (Pub. L. 96-354), that this regulation will 
not result in a significant impact on a substantial number of small 
entities.

Regulatory Impact Analysis

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if the 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity.) Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, harmonizing rules, and of promoting 
flexibility. The regulations we are removing are obsolete and no longer 
applicable to the current law. By removing these outdated regulations, 
we are ending potential confusion in regard to the status of the 
regulations among states, grantees and other affected groups seeking 
information on the CAPTA program rules. There are no budget 
implications associated with removing the CAPTA regulations from the 
Code of Federal Regulations.

Congressional Review

    This final rule is not a major rule as defined in 5 U.S.C. Chapter 
8.

Assessment of Federal Regulation and Policies on Families

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 requires Federal agencies to determine whether a policy or 
regulation may negatively affect family well-being. If the agency's 
determination is affirmative, then the agency must prepare an impact 
assessment addressing seven criteria specified in the law. The required 
review of the regulations and policies to determine their effect on 
family well-being has been completed, and this rule will have a neutral 
impact on family well-being as defined in the legislation.

Executive Order 13132

    Executive Order 13132 prohibits an agency from publishing any rule 
that has federalism implications if the rule either imposes substantial 
direct compliance costs on State and local governments and is not 
required by statute, or the rule preempts State law, unless the agency 
meets the consultation and funding requirements of section 6 of the 
Executive Order. The regulation has no federalism impact as defined in 
the Executive Order.

List of Subjects in 45 CFR Part 1340

    Child welfare, Grant programs--health, Grant programs--social 
programs, Individuals with disabilities, Reporting and recordkeeping 
requirements, Research, Technical assistance, Youth.

    Dated: August 18, 2014.
Mark Greenberg,
Acting Assistant Secretary for Children and Families.
    Approved: February 27, 2015.
Sylvia M. Burwell,
Secretary.

    Editorial note:  This document was received for publication by 
the Office of Federal Register on March 25, 2015.

Subchapter E--[Removed and Reserved]

0
For the reasons discussed above, under the authority at 42 U.S.C. 5101 
et seq. the Administration for Children and Families amends Title 45, 
Subtitle B, Chapter XIII, by removing and reserving Subchapter E, 
consisting of part 1340.

[FR Doc. 2015-07238 Filed 3-27-15; 8:45 am]
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