“The racial disproportionality in our system tells its own story. We tend to value some people more than others; we see some people’s love for their children as more valid and valuable than others. Racism and messaging about race and families reinforce the negative, biased beliefs that drive our current system. We’re spending a ton of money to do the most harmful thing possible where race, poverty and childhood come together, and we’re getting the worst possible outcomes. We need to work extra hard to make sure that our system reflects equity. Our current numbers don’t make any sense.” — unknown
Hardly a day goes by without another example of racism in everyday American life. We have all seen examples of the dangers of driving-while-Black, walking-while-Black and even living-in-your-own home-while-Black. Yet somehow, there is an enormous blind spot when it comes to one of the worst examples of racial bias in American life: the risks of parenting-while-Black.
In MN, racial disparities are found in the entire child protection process; from initial reporting, screening and assessment to discharge from the system. African American youth are removed from home at alarming rates and a large number are crossing over from child protection into the juvenile justice system.
As compared to White children, African American children are, three times more likely to be the subject of a child protection report, three to four times more likely to be screened in for assessment or investigation and three to nearly six times more likely to be displaced [removed] from home.
According to a report from the MN Department of Health, disproportionate out-of-home placement rates are not the result of poor parenting by certain ethnic groups but the outcome of multiple systems with long histories of discrimination and racist practices that enforce policies unfairly, unjustly, and unethically, while failing to provide enough supports to parents and guardians
The majority of children separated from family are not displaced due to abuse but, neglect. Issues more closely related to poverty, such as inadequate food, clothing or shelter.
AAFPA would require local social services agencies to collaborate with parents and their support network of family and community to create a plan that establishes child safety without family separation. For instance, allowing the grandmother to reside temporarily in the home, assisting a parent with an OFP or other means of separation from the offending party, connecting the family to culturally specific resources, supports and other services identified by the family as a need.
Separating children from their home, family and community may cause trauma that lasts well into adulthood. Studies show that children fare better when left within their families of origin. They are less likely to experience the juvenile justice system, teen pregnancy, adult homelessness and long-term mental health disorders. Child removal is not an evidence-based practice and has been proven to cause more harm to children.
HF 1151, SF 843 is essentially asking agencies to slow down, take a more humane approach to intervention and consider the family holistically. Leverage the family’s strengths, protective factors and external supports to avert crisis while keeping the family intact.
Parents of African American children are 3-5 times more likely than their white counterparts to face termination of parental rights at permanency. White parents with the same and more egregious allegations are promptly offered less punitive and severe options at permanency. Options that allow them the opportunity to reunify with their children once stable, such as a transfer of custody.
This bill would work to address inequitable permanency outcomes by forcing the courts to consider alternative options. Specifically, it restricts the court’s ability to TPR based solely on a parent’s inability to complete case plan requirements.
Court ordered case plans are identical across families and are rarely created with input from parents, as the law mandates. These prescriptive plans are not tailored to the individual needs of the family. This often leads to repeat reports and future involvement with the system as it fails to address the underlying cause. In response, AAFPA mandates that county agencies (in partnership with family and kin) create safety plans that:
- address the specific allegations impacting the child’s safety in the home
- incorporate family and community support to ensure the child’s safety while keeping the family intact
- must be adjusted as needed to address the child and family’s ongoing needs and support
AAFPA also provides a path to reunification for parents whose rights have been unjustly terminated by extending the current appeal timeframe and allowing parents to petition for re-establishment regardless of the age of the child or how long he/she has been in foster care. Current language allows counties and the state to capitalize from and exploit the child’s involvement in the system through nonsensical timeframes to reunification that are unrelated to child safety or well-being.
The issue of child welfare disproportionality in the state of MN is long standing and egregious. Reform will require a multi-dimensional systemic approach. As such, AAFPA requires that the commissioner of human services:
- appoint an African American Child Welfare Oversight Council. Comprised of Black parents, advocates and professionals, this council would help formulate policies and procedures relating to African American child welfare services. Policy standards that ensure African American families are provided the necessary services and supports to care for their children within their homes
- create and fund an African American Child Well Being Unit within the Dept of Human Services. The unit would monitor and hold accountable counties that fail to address and correct their inequitable treatment of Black families. This unit reports directly to the Oversight Council
- establish direct grants to African American owned and lead organizations/providers working to preserve or reunify Black families through the implementation of AAFPA
The perpetual clogging of our child protection system with children that are not at risk of harm has exhausted the state’s resources. Lending to case worker overload, a significant decrease in foster home availability and an unreasonable increase in state spending while leaving children truly in need of protection, vulnerable and at risk.
Kelis Houston, Village Arms, [email protected]
