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to the NPRM that, under this section and consistent with CAPTA requirements, a referral to the Part C program would only be for the child who is the subject of the substantiated proceeding. The commenters requested that

new §303.303(b)(1) (proposed §303.302(b)(1)) clarify that

the referral requirements in that section would not apply, for example, to a sibling (under the age of three) of a child who had been the subject of a substantiated case of child abuse or neglect unless that sibling also had been the subject of a substantiated case of child abuse or neglect. Another commenter expressed concern that Federal funding is insufficient to address the potential increase in referrals of children under CAPTA.

Discussion: We agree with the commenters that the language

“involved in a substantiated case of child abuse or

neglect” in section 637(a)(6)(A) and new §303.303(b)

(proposed §303.302(b)(1)) is vague. This provision is

consistent with 42 U.S.C. 5106a of CAPTA, which was amended in June 2003 to require States receiving CAPTA funds to have policies regarding the referral to the Part C program of children under the age of three who were the subject of a substantiated case of child abuse or neglect. The Department consulted with the U.S. Department of Health and Human Services (HHS), which administers CAPTA, and