Color of Child Welfare Policy: Racial Disparities in Child Welfare Services Ruth G. McRoy Center for Social Work Research The University of Texas at Austin.

Color of Child Welfare Policy:Racial Disparities in Child Welfare Services

Ruth G. McRoyCenter for Social Work ResearchThe University of Texas at Austin

Austin, Texas

Overrepresentation: A Definition

If a particular racial/ethnic group of children are represented in foster care at

a higher percentage than they are represented in the general population

14.7% of children under 18 in US are AA38% of children in foster care are AA

Disproportionality

A situation in which a particular racial/ethnic group of children are

represented in foster care at a higher percentage than other racial/ethnic

groups (i.e. If 5% of all White children are in care, then 5% of African American, Hispanic etc.)

According to AFCARS report, March 31, 2000

588,000 children in the foster care system

White, non Hispanic 35% (207,948)Black, Non-Hispanic 38% (226,363)

Hispanic, 15% (88,939)AI/AN Non Hispanic 2% (9,330)

Asian/PI NI Non-Hispanic (6,213)Unknown 8% (49,207)

Disparities not Unique to Child Welfare

Criminal justice Health care Mental health Homelessness Victims of violent crime Special education

Criminal Justice & African Americans

12.4% of the U.S. population48.2% of entire prison population

40% of juveniles in legal custody

Overrepresented in local jails

Health Care & African Americans

Rate of diabetes is more than three times that of whites

HIV/AIDS more than seven times that of whites

Infant mortality twice that of whites

Life span differential

Treatment Differentials

Minorities are less likely than whites to get… proper heart medication, heart bypass surgery

kidney dialysis & transplants

Gap greatest between blacks & whites

Blacks on Medicare more likely to have their lower limbs amputated diabetes

Institute of Medicine

Mental Health

Recent Surgeon General’s report on inequities Disparities in availability, accessibility, &

quality of mental health services for racial and ethnic minorities

Homelessness & African Americans

44% of homeless population 3.5 times more AA than whites are

homeless Overrepresentation includes many women,

children & youth

Victims of Violent Crime

AA of all ages are more likely to be the victims of serious violent crime than are whites.

At greater risk of knowing someone who had suffered violence Greater risk not associated with SES

differences or differences in area of residence

From Underrepresentation to Overrepresentation

African American children Slavery Excluded from most orphanages /placed in

almshouses Free foster homes 1910 National Urban League advocated for

equitable services for AA children 1923—Most child welfare institutions still

segregated

1930

Discrimination against black parents in Income maintenance Medical care Services to unwed mothers Day care services

Arbitrary enforcement of welfare policies “Man in the house” Illegitimate child home suitability clauses

Ira De A. Reid of Urban League

In New York City between 1927 and 1939,

Number of cps cases of Caucasian children declined by more than 31%

Number of CPS cases of AA children rose by 147% (Piven and Cloward, 1971)

In 1939, 23 of 27 Protestant custodial care agencies took only Caucasian children in NYC

AA children often had to be labeled juvenile criminals to qualify for any out of home placement services (Bernstein-Lost Children of Wilder)

1959

reported that more AA children in care and less likely to be adopted

Maas and Engler

1963

Culturally insensitive workers Removing children from

“undesirable family situation”

Placing in foster care

81% of children in out of home care in 1963 there because parents were unmarried

came from broken homes

Most were African American & Indian

1963

Remain in foster care for longer periods of time than white children

Not offered adoption on equitable basis Experience ongoing discrimination in

service provision Served by public agencies

Private agencies serving white children

Jeter reports black children…

Responses in 1970’s–80’s

NABSW Position Statement 1974 Child Abuse Prevention &

Treatment Act 1978 Indian Child Welfare Act Adoption Assistance & Child Welfare Act

“reasonable efforts”

1980’s & 90’s–present

Growing Numbers of Children in Care 1982

262,000 children in care (52% Anglo)

1993429,000 (38% Anglo)

2001588,000 (35% Anglo)

New York AFCARS 1998

17% of child population in New York is AA 53,555 children in care

49% African American

Reasons for out of home placement—Child Maltreatment

Increase in maltreatment Increase in poverty

Lindsey (1991) & Pelton (1989)Parental income is best predictor of

child removal & placement

Majority of children in care from single-parent, low-income households

Differential Attribution & Labeling Bias

Physicians more likely to attribute injury to abuse in lower income homes

Neglect

Often product of poverty Parents under scrutiny/more likely to be

reported

1989

“The reason for placement is that the family, frequently due to poverty, does not have the resources to offset the impact of situational or personal problems which themselves are often caused by poverty, and the agencies have failed to provide the needed supports, such as baby sitting, homemaking, day care, financial assistance, and housing assistance.”

—Pelton, (1989) pp. 52–53

Correlates of Out-of-Home Placement

Poverty Rates of child poverty rising

Impact of welfare reform

Substance abuse Homelessness Aids Teen parenthood Violence Racism

Disproportionate Poverty

Blacks represent about 12.8% of population yet 23.6% of Blacks are poor

Income differential Median Income

AA 29,740Whites 52,821

50% female headed AA householdsavg. income $17,316

Child in poverty is

26 times more likely to drop out of school

160 times more likely to give birth as a teen

18 times more likely to be killed by gunfire

60 times more likely to suffer reportable abuse or neglect

46 times more likely to be placed in foster care

—According to Annie E. Casey Foundation

Substance Abuse

Parental substance abuse 42% of children who were victims of abuse &

neglect In 77% alcohol was the problem substance

In 23% cocaine was the problem substance

Alcohol and drug related cases more likely to result in foster care placements than other cases (DHHS, 1999)

Black women more likely to be reported for prenatal substance abuse

more likely to have children removed

Imprisonment of Parents

1.74 million children have at least one parent in prison Disproportionately high numbers of AA in prison

9.7 % of Black men ages 20–29 in prison

428,999 black men

2.9% Hispanic men

1.1 percent of non-Hispanic White men ages 20–29

Can lose eligibility for TANF

Jail Sentences for African Americans

Both men & women typically serve more time than whites for same offense (Dept. of Justice, 1995)

Children likely to be separated from parents longer than white children

Termination proceedings after 15 of past 22 months (ASFA, 1997)

Visitation is problematic location not accessible

Disparities in Conviction Rates

Two thirds of crack cocaine users are Whites and Hispanics

Persons most likely convicted of possession were AA 84.5% African Americans 10.3% Whites 5.2% Hispanics

Crack cocaine Harsher penalties than for powder cocaine

1996

Child maltreatment reporting Service provision Kinship care Family preservation

—Inequities reported from Courtney

1996

Exit rates Length of care Placement stability Adoption Majority of racial differences reported

were between African Americans and Anglos rather than any other group

—Inequities reported from Courtney

2001

Report/no report Investigation/no investigation Substantiation/no substantiation Case closed/no services/in home

services/out of home care (kin,foster) Reunification/adoption/remain in care or

age out

Barth develops model of caseload flow of children

Several recent studies

NIS-1,NIS2,NIS3—estimates about incidence of child abuse & neglect Reported o differences in incidence of child

abuse & neglect by racial groupIssues raised about sample selection bias raise

questions about validity/possible undercount

2001

“There are small to medium increases in the disproportionality by population experienced by AA children as they move through the child welfare system, which results in substantial differences in their representation in child welfare compared to their representation in general population”

Argues greater risk for child abuse & neglect in AA families

Reentry rates highest for AA children

Barth suggests multiplicative model

2001

“No compelling reason to assume that this disproportionality is not generally in the best interests of the children served”

“Proportionate to need”—Barth

Service Provision

Lack of culturally competent child protective service workers

Most have no training in service provision to African Americans

Most lack training in risk assessments, child dev., parenting, etc.

Service Provision

Greater substantiation on AA & Latino children Zellman (1992) found survey participants

more likely to believe report should be made on child of color described in vignette than white child

Service Provision

AA children more likely to remain in care longer, less visitation, fewer contacts with workers

AA children least likely to have plans for contact with families, fewer services

Service Provision

Less likely to be… adopted

reunified from non-kinship care

offered family preservation servicesTypes of services temporary & not sufficient to

raise families out of poverty

Adoption

Despite advantages of minority specializing agencies,few agencies have used or established such programs

Shortage of AA Adoptive Parents

Lack of sufficient minority & trained staff Knowledge of subsidies Screening out process Transracial adoptions

Decision-Making Points

Worker/supervisor level (investigation) Reporting

Decision to investigate

Service provision

Placement recommendation

Judicial Level

Experience/knowledge

Legal representation

Advocacy

Worker/Supervisor Level

Placement Knowledge/experience

Bias

Caseload

Perception of available homes

Impact of Other Systems on Child Welfare

Economic system Criminal justice system Legal System Welfare System

Intersections

Reasons for disproportionality Person- or community-centered

Agency-centered

Societal

Person- or Community-Centered

Child, Family, and Community Location or residence

Poverty/uninsured/lack of resources

Lack of knowledge to access services/legal rights

Community or individual mistrust

Visibility hypothesis—visibility might propel into foster care or lack protections

—Jenkins, Diamond, Garland, et.al

Agency-Centered

Lack of culturally responsive services Lack of Minority staff Lack of accessible locations Failure to reach population Decision making Myths/stereotypes about AA families

Societal-Centered

Discrimination/racism Funding

Racism

Missouri Fed. Judge stated in case on racial disparities in sentencing “Perceptions of AA as dangerous,

different, or subordinate are lessons learned and internalized completely outside of our awareness, and are reinforced by the media-generated stereotyping.”

Other Factors

Failure of domestic policy has led to racial isolation and concentration of the black poor in inner cities Black migration to urban areas

Lack of responsiveness re jobs, housing, services, educational programs

Growth of prison industry

Insufficient drug treatment programs

Changes Result From

Legislation

Court cases—class action suits/civil rights

Media attention to institutional discrimination

Governmental reports

Mandated changes in training for judges,workers, other staff

Challenge

Acknowledge intersystemic disparities Child protection or

Promoting children’s welfare