ORIGINAL PAPER CAPTA and the Residential Placement: A Survey of State Policy and Practice Mary Ann Overcamp-Martini Æ Jennifer S. Nutton Published online: 7 February 2009 Ó Springer Science+Business Media, LLC 2009 Abstract Children in out-of-home care due to familial maltreatment and other devel- opmental and behavioral problems remain at risk for abuse and neglect in the very placements designed for care and treatment. The background of federal involvement in Child Abuse Prevention and Treatment Act (CAPTA) requirements, as well as the states’ responses for addressing protective service responsibilities for residential care, is over- viewed. The shift away from direct federal oversight of eligibility standards for child protective systems mandated by CAPTA has apparently contributed to a double standard in protective service activities. The purpose of this study was to provide knowledge of current state child protective services policies and practice regarding out-of-home care through a national survey of state child protective services. Findings of the study suggest that out-of- home protective services would benefit from renewed awareness from social work and child welfare professionals. Calling on states to review their systems for protective services of out-of-home care, the authors recommend collaborative system review between state protective services and the federally funded protection and advocacy programs. Keywords CAPTA Á Child welfare policy Á Residential abuse and neglect Á Child protective services Á Out-of-home care Á Protection and advocacy Introduction A child placed by the state in out-of-home care should be safe from harm for the duration of the residential or institutional placement. The vulnerability of children in out-of-home care is apparent; at least half of the children in out-of-home care have been placed as a result of familial maltreatment; the other half are in care and treatment settings for such problems as mental retardation and other developmental disabilities, mental illness and M. A. Overcamp-Martini (&) Á J. S. Nutton University of Nevada, Las Vegas, 4505 Maryland Parkway, Box 455032, Las Vegas, NV 89154-5032, USA e-mail: mao.martini@unlv.edu 123 Child Youth Care Forum (2009) 38:55–68 DOI 10.1007/s10566-009-9067-9