Disproportionate Representation of Children of Color in the Child Welfare System

The child welfare system and foster care were initially implemented as tools to help provide assistance to dependent children while the biological parents were temporarily unable to do so either because of neglect or abuse in the home. At face value, this purpose seems commendable. However, families and children of color have been disproportionately represented in these systems and are “more likely to experience negative outcomes compared to white families.”[1] According to 2019 data from The Annie E. Casey Foundation, Black children only comprise 14% of the population, but account for 23% of children in foster care.[2] Similarly, non-Hispanic children with multiple race groups only comprise 5% of the population, but account for 8% of the children in foster care.[3]

The American Bar Association has identified five factors that may explain the disproportionality and disparity surrounding racial groups and low-income families in the child welfare system:

  • correlation between poverty and maltreatment;
  • visibility or exposure bias;
  • limited access to services;
  • geographic restrictions; and
  • child welfare professionals knowingly or unknowingly letting personal biases impact their actions or decisions.[4]

Notably, many of these factors boil down to (1) families lacking resources and access, and (2) child welfare reporter and investigator bias.

At the individual level, addressing the disproportionality and disparities in the child welfare system call for confronting one’s own implicit and explicit biases in reporting, investigating, intervening, and making decisions in the placement process.[5] This is not only important for attorneys, judges, social workers, and other professionals involved in making decisions in child welfare cases, but also anyone who plays a role in referring a child to the system. At the systematic and policy level, other strategies for addressing the disparities include, “developing culturally responsive practices, recruiting and retaining foster families of color, engaging communities of color when developing new policies, and using data to identify and address disparate outcomes.”[6] For a deeper analysis of these strategies see the additional resources linked at the bottom of the Disproportionality and Race Equity in Child Welfare article.

Legislative measures have been enacted at both the federal and state level to address the disparities in the child welfare system. Federal acts include the Family First Prevention Services Act of 2018, the Multiethnic Placement Act of 1994, and the Indian Child Welfare Act of 1978. While state legislation varies, it typically aims to engage communities of color in creating child welfare policies or requires states to examine outcomes for children of color in the child welfare system.[7]

So, why does this matter? Simply put—there is a cost that each child pays for entering the child welfare system, even though they enter the system through no fault of their own. Furthermore, this cost is often higher for children of color. Children of color are “​​more likely to experience multiple placements, less likely to be reunited with their birth families, more likely to experience group care, less likely to establish a permanent placement and more likely to experience poor social, behavioral and educational outcomes.”[8] So long as disparities in outcomes exist for children of color and White children who enter the child welfare system, it cannot be said that the system is working equally for all children. Thus, it is imperative that individual actors and legislatures continue to pursue strategies to address the disproportionality and disparities in the child welfare system.

[1] Disproportionality and Race Equity in Child Welfare, Nat’l Conference of State Legislatures (Jan. 26, 2021) https://www.ncsl.org/research/human-services/disproportionality-and-race-equity-in-child-welfare.aspx#Numbers.

[2] Child Population by race in the United States, The Annie E. Casey Foundation: Kids Count Data Center (2019)

https://datacenter.kidscount.org/data/bar/103-child-population-by-race?loc=1&loct=1#1/any/false/1729/68,69,67,12,70,66,71/424; Children in foster care by race and Hispanic origin in the United States, The Annie E. Casey Foundation: Kids Count Data Center (2019) https://datacenter.kidscount.org/data/bar/6246-children-in-foster-care-by-race-and-hispanic-origin?loc=1&loct=1#1/any/false/1729/2638,2601,2600,2598,2603,2597,2602/12993

[3] Child Population by race in the United States, supra note 2; Children in foster care by race and Hispanic origin in the United States, supra note 2.

[4] Krista Ellis, Race and Poverty Bias in the Child Welfare System: Strategies for Child Welfare Practitioners, Am. Bar Ass’n (Dec. 17, 2019) https://www.americanbar.org/groups/public_interest/child_law/resources/child_law_practiceonline/january—december-2019/race-and-poverty-bias-in-the-child-welfare-system—strategies-f/.

[5] Ellis, supra note 5; Disproportionality and Race Equity in Child Welfare, supra note 1.

[6] Disproportionality and Race Equity in Child Welfare, supra note 1.

[7] See id.

[8] Id.

Teaching Intro to Juvenile Law in Street Law

 

Being a Street Law instructor involves teaching teenage youth. This is a group of people whose laws if charged as a juvenile is separate from adult law. Many may not know, where some may. Regardless of the importance of teaching the youth about the processes and procedures of their “separate” laws, typically based on policy or precedent, can be important to developing their advocacy skills.

An important aspect to teach the students in Street Law is about representation by a lawyer for a juvenile defender. First and foremost, if ever questioned by a police officer when being detained for a possible crime or suspect to one ask for representation. Typically, when telling the students about asking for a lawyer in the street law course many students are curious to know when to know to ask for a lawyer when being questioned by an officer. The response to this, is the person who is being questioned needs to ask the officer, “am I free to leave?” If the officer responds no, then that is when you may ask for a lawyer.

This typically leads to Miranda Warnings and students’ rights at school. To be able to teach Miranda is very important in knowing one’s rights when being questioned by law enforcement. When teaching the students about Miranda Warnings, usually the lesson will involve the difference between casual conversation, reasonable suspicion, and probable cause. There are many activities done with the students during this lesson to understand the actions that lead to custody and know when Miranda Warnings should be read to them.

When discussing how to get representation, an important policy to bring up with the students from Texas is the Fair Defense Act which “requires each county’s juvenile board to adopt a plan for the appointment of counsel to youth whose families are unable to afford counsel and sets out basic guidelines for the appointment process.” To know that there is a strong possibility of help when coming from a low-income or socioeconomic background can be reassuring with getting representation.

Another important aspect of juvenile defense that can be taught in Street Law is about representation when it comes to mental health disorders. The importance has to do with the rehabilitation of the juvenile towards their actions if they are the culprit of their alleged crime. It is important that the juvenile defense lawyer gets this information and if the juvenile defender fails to ask, it is important for the juvenile to tell the lawyer. This may be a step that is possibly forgotten from time to time and is imperative to help the charged juvenile. When there is a possibility that the charged juvenile has a mental health disorder, once it is told to the lawyer then it may be important to get an evaluation. The outcome of this evaluation will help the court make a better decision towards the charged juveniles’ well-being and the juvenile’s rehabilitation efforts if convicted of the crime.

Juvenile Law is very broad and can be applicable in many situations for teenagers and youth. For them to understand their basic constitutional rights can help in many different situations. Teaching this lesson will empower youth to advocate for themselves in many situations.

What Street Law Means to me

Street law is a time to learn

To gain lawful information, that the mind earns

To learn what to do, and what not to do when a police officer turns

You’ll be more prepared with your legal knowledge being firm

 

Street law is like music

The lesson being taught provide acoustics

While every question being asked is important and not stupid

A shot to love the law like an arrow from cupid

 

Street law is a form of art

You’ll need the easel, paint, and brush from the start

It might have its bumps like riding a bumper cart

But once it starts to settle, it’ll start sounding like Mozart

 

Street law is needed

For every child and others who preceded

So, once you come across the law you won’t be stampeded

You’ll show the world that you succeeded

 

Street law is great

The scholars in the course are brighter than shiny golden gates

The scholar’s creativity and pose are like a professional figure skate

After the end of the course, they achieve so much, that it’s time to celebrate