Children in out-of-home care due to familial maltreatment and other developmental 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 overviewed. 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.