Child Welfare Legislation Research Articles

The ‘Right to an Upbringing’—Contrasting Early German and English Child Welfare Legislation for a Case Study in Comparative Social Work History

The ‘Right to an Upbringing’—Contrasting Early German and English Child Welfare Legislation for a Case Study in Comparative Social Work History

The absence of language: A critical race discourse analysis of Ontario's child welfare legislation and the impacts on Black families

BackgroundThe research pertaining to racial disparities for Black families in child welfare is relatively limited in Canada. Recent research reveals that the overrepresentation of Black families in Canadian child welfare systems typically begins at the reporting or investigation stage and continues throughout the child welfare service and decision-making continuum. This research is occurring against the backdrop of increasing public acknowledgement of Canada's historic anti-Black policy-making and institutional relationships to Black communities. Though there is increased awareness about anti-Black racism, there has been limited exploration of the connection between anti-Black racism in child welfare legislation and how this policy generates disparities for Black families in both child welfare involvement and outcomes – this paper seeks to fill this gap in knowledge. ObjectiveThe objective of this paper is to explore the entrenchment of anti-Black racism within the child welfare system by critically assessing the language and absence of language within the guiding legislative and implementation policies. MethodsUtilizing a critical race discourse analysis method, this study explores the entrenchment of anti-Black racism within the Ontario child welfare system by critically assessing the language and absence of language within the guiding legislative policies that shape practice for Black children, youth, and families. ResultsThe findings revealed that though the legislation does not explicitly address anti-Black racism, there were instances where the legislation indicated that race and culture may be considered in responding to children and families. The lack of specificity, particularly in the Duty to Report, has the potential to contribute to disparate reporting and decision-making for Black families. ConclusionsPolicy makers should acknowledge the history of anti-Black racism that informed the development of the legislation in Ontario and move towards tackling systemic injustices that disproportionately affect Black families. More explicit language will shape future policies and practices to ensure that the impact of anti-Black racism is considered across the child welfare continuum.

Punishment for child abuse in South Korea: Cases of child-abuse deaths before and after new law

ABSTRACT This study aimed to identify the trend of judicial decisions on child abuse deaths in South Korea and provide practical implications to improve the current child welfare legislation (the Child Abuse Act or the CAA). The present study investigated factors related to sentencing decisions for child abuse deaths between 2000 and 2013 (45 cases before the CAA) and between 2014 and 2017 (20 cases after the CAA). This study used Qualitative Comparative Analysis (QCA) to examine whether there were differences in judicial decisions before and after the CAA. The results showed that the sentencing standard has become stricter following the enactment of the CAA; however, sentences have still been primarily guided by judicial discretion. The current study suggests that it is important to amend the current CAA to clarify sentencing standards for child abuse. This amendment can ensure that punishment is primarily determined by specific provisions of the law.

Filicide as a cultural practice in Ghana: The qualitative understanding of a family tragedy and its implications for child protection practice

BackgroundContrary to evidence from the Western literature, cases of filicide in Ghana are mostly unreported because they are rooted in cultural practices and hidden from the general public. ObjectiveThe purpose of this study was to explore the cultural context of filicide in a rural community. Particularly, to provide an understanding of the spirit child (SC) phenomenon, how the killing of a SC is performed and to provide a general understanding of filicide within a particular context.Participants and setting:Four relatives of a family that engaged in a filicide incident took part in the study. The interviews were conducted in a rural community in Ghana where the incident occurred. MethodsShort written narratives were used to explore the experiences and perceptions of relatives whose family engaged in filicide. ResultsChildren with severe deformities are likely to be associated with matters of divinity which gives way for the conceptualization of the SC and its attendant filicide. The findings highlight the critical role of traditional healers in rural communities and the consequences of strong community beliefs and expectations that influence parents to commit filicide. ConclusionThe study provides directions for child protection workers to address the stigma parents face for having children with severe deformities and to provide education on child welfare legislation.

Discourses between the Public and the Private: Transnational Families at the Crossroads

AbstractRaising a child is a challenging venture, regardless of where one lives in the world. Most children are raised in their families; however, many states have welfare services if the child’s well-being is at stake. Scandinavian countries follow a rather strict policy in placing the child’s individual rights above those of the family, and Norway has child welfare legislation that applies to all children in the country, regardless of their status, nationality or citizenship. This institutional structure has raised issues about how family life is negotiated in society. In this article, we analyze the ways in which language and culture are used to address expectations of (good) normal family life in both private and public discourses with implications for transnational families. We thus problematize the notion of the family as a private domain or space. Furthermore, by examining institutional involvement in child-rearing, we extend research on family language policy to contexts of foster care. We thereby raise the discussion to a societal level about private and public expectations towards family life in a late-modern society.

Moving upstream: The Family First Prevention Services Act and re-imagining opportunities for prevention in child welfare practice

The Family First Prevention Services Act of 2018 is a landmark piece of U.S. child welfare legislation designed to prioritize maltreatment prevention, strengthen family preservation and foster care services, and promote the relational permanence of youth in out-of-home care. Successful implementation and realization of these policy objectives are not guaranteed; however, and are dependent upon a number of important factors including legislative clarity, policy demands and resources, and organizational readiness and capacity for change. Essential preconditions to policy implementation at the organizational level include education and planning, resource coordination, and adaptation to system processes. To support efforts to optimize the potential of the law to strengthen programs and services for children and families, this three-part manuscript targets the education and planning dimensions of policy implementation through (1) an overview of prevention and implementation science research, (2) a description of the provisions within the Family First Prevention Services Act, and (3) an analysis of possible implementation challenges and opportunities within the child welfare practice environment. Considerations and recommendations are offered to assist social workers and human service professionals in their efforts to improve child welfare prevention and intervention services for children and families.

“Youth Will Feel Honoured if They Are Reminded They Are Loved”: Supporting Coming of Age for Urban Indigenous Youth in Care


 
 
 This paper presents the first phase of a community engagement project that explores (re)connecting to coming-of-age teachings grounded in Indigenous ways of knowing and doing for urban Indigenous youth in foster or away-from-home care. An intergenerational group of urban Indigenous Knowledge Holders in and around Victoria, British Columbia, Canada came together to discuss what a culturally appropriate coming of age could look like for urban Indigenous youth in care and how delegated Indigenous child and family service organizations could be involved. Four questions were discussed, and the conversations were recorded and subsequently themed. The event reflected the community’s commitment to supporting youth in their coming-of-age journey. Delegated organizations, in addition to acting as legal guardians for the youth, are cultural resources for the community and help connect youth to culture in their ancestral/home and urban communities. Communities work to ensure that youth have access to safe spaces where they can self-determine their identities as they enter adulthood. (Re)connecting to coming-of-age teachings is important because the imposition of Euro-Western child welfare legislation prevented the passing of cultural teachings. Our findings are consistent with literature that indicates culturally grounded, positive-action initiatives, like traditional coming-of-age rites of passage, help youth to cultivate resilience that can support the transition to adulthood. This aligns with evidence that demonstrates intergenerational cultural continuity is protective to health and wellness for Indigenous youth.
 
 

38.3 AN OVERVIEW OF CHILD WELFARE LEGISLATION AND POLICY ON SIBLING PLACEMENTS TO HELP PROVIDERS ADVOCATE FOR FOSTER CARE AND ADOPTED YOUTH

Child welfare legislation that specifically addresses sibling rights at the federal level is scarce in the United States. The Fostering Connections to Success and Increasing Adoptions Act of 2008 mandates that “reasonable efforts” be made by states to keep siblings together, but each state may interpret this mandate differently. A majority of states have sibling placement policies and visitation statutes, but they vary in scope and depth. Whereas some states presume that it is in the child’s best interest to be placed with their siblings, other states have laws that are less specific. Furthermore, the definition of what qualifies as a sibling can vary from state to state. Visitation after placement and adoption is an even more complex and unregulated area. Only a few states address it in their legislation, and most states are not required to aid in sibling visitation adoption.

Applying Lessons from the U.S. Indian Child Welfare Act to Recently Passed Federal Child Protection Legislation in Canada

Indigenous children are overrepresented in child protection systems in the United States and to an even greater degree in Canada. Canada has recently passed federal child welfare legislation, Bill C-92, with the goal of affirming the rights of Indigenous Peoples and establishing guidelines with respect to child and family services for Indigenous children. The aim of this article is to contribute to ongoing discussions about the recently passed Canadian legislation, drawing on lessons learned in the United States context. The Indian Child Welfare Act (ICWA), passed in the United States in 1978, has created a legislative paradigm, which in some cases has been bolstered by state-level provisions. The ICWA can provide helpful lessons to consider in Canada as the new legislation is implemented and amended over time. Specifically, we examine elements of the ICWA related to accessibility and compliance with the law, along with deeper analysis of state-level statutes related to adoption provisions in light of the phenomenon of transracial adoption of Indigenous children. As reactions to the Canadian federal law have been mixed, this policy analysis may be supportive of conversations regarding its further development, particularly related to funding and enforcement. On a broader level, considerations of Indigenous community jurisdiction over child and family policies within our discussion are relevant to various settler-colonial contexts.

How Did I Know When to Report Physical Neglect? Ghanaian Mothers’ Views on Delinquent Child Maintenance

Most Ghanaian mothers left to provide care for their children following separation or a divorce face challenges in meeting their children’s basic needs. To ensure that non-resident fathers are engaged in the caregiving, recourse is usually to social workers at the Department of Social Welfare (DSW). There is evidence that, with the intervention of social workers, some fathers agree to provide regular maintenance to support the care of their children. However, there are no empirical studies in Ghana about how mothers learn to report delinquent child maintenance cases. This qualitative study reports findings from in-depth interviews with 15 mothers in contact with the DSW about how they learnt to report delinquent child maintenance. The study revealed the media, knowledge of existing child welfare legislation and information from previous reporters as the factors that influenced mothers’ decision to seek recourse to the DSW. Therefore, social workers should be aware of these factors which they can utilise to promote the wellbeing of neglected children by encouraging service users’ reportage of parents neglectful behaviours.

(Re) Conceptualizing Neglect: Considering the Overrepresentation of Indigenous Children in Child Welfare Systems in Canada

The current overrepresentation of Indigenous children in Canadian child welfare systems continues a history of government policies that have separated Indigenous families over the course of many generations. Political and legal developments in recent years are creating the possibility to both disrupt Indigenous children’s overrepresentation in child welfare proceedings and support Indigenous self-determination in decision-making related to child welfare. However, the potential to reduce the overrepresentation of Indigenous children in Canadian child welfare systems is still limited, in part, by the absence of a comprehensive framework for transforming existing child welfare legislation. Because the disproportionate representation of Indigenous children is driven largely by investigations of child neglect, there is particular need for a framework for understanding and shifting away from the current approach to assessing neglect cases. In this article, we examine theoretical and legislative conceptualizations of child neglect in terms of their relationship to the disproportionate involvement of Indigenous children in child welfare across Canada and, more specifically, in Quebec. We also briefly examine the concepts of child well-being and cultural safety which we see as useful complements to the current conceptualization of neglect. Our goal is to support ongoing critical dialogue related to the overrepresentation of Indigenous children in Canada’s child welfare systems, and in so doing contribute to the development of a new framework for understanding and operationalizing “neglect” in Indigenous contexts which at its core could bolster Indigenous self-determination.

“We are consultants, not collaborators”: Young people’s experiences with child protection meetings in Ghana

BackgroundNational child welfare policies and legislation in Ghana suggest that children and young people should be involved in decisions affecting their lives. However, till date, the experiences of young people concerning their participation with child protection meetings have not been reported. ObjectiveTo develop better ways to improve children’s participation in child protection in Ghana, the experiences of young people with child protection meetings were explored. Participants and settingThirteen young people (5 males, 8 females) in contact with the Department of Social Welfare were involved in the study. MethodsA qualitative approach using the interpretive phenomenology guided the conduct of the study. Data from in-depth interviews were analysed following thematic analysis. ResultsThe following themes summarised young people’s experiences with their participation in child protection meetings; (a) not informed (b) child protection meetings as adult business and (c) presenting view on case. Responses from the young people showed that there were instances where they felt part of the meetings and times they were left out. ConclusionThe study confirms findings from the western literature suggesting that young people have limited opportunities to participate in decisions affecting their lives. The findings demonstrate that the context where participation occurs is an essential consideration for social workers involving children in child protection meetings. The study provides culturally relevant measures needed to promote children’s participation in child protection meetings in Ghana.

The Florida Institute for Child Welfare at Florida State University

ABSTRACTThis article discusses the role of The Florida Institute for Child Welfare (Institute) in the overall goals of child welfare in the state of Florida. The complexity of child welfare requires thoughtful and innovative methods of training and practice. The Institute was created as a result of a series of child fatalities and negative child and family outcomes. The Institute has been tasked with maintaining a program of research that informs child welfare legislation. By creating the Institute, an objective voice, to focus on building an infrastructure of research, it is clear that state leaders have prioritized the effectiveness of our child welfare system. Prominent research has included an analysis of the frontline workforce, residential group care, and the behavioral health of child welfare-involved parents. With the passing of the new law, the Family First Prevention Services Act, research-based services are being promoted and prioritized among federal child welfare leaders. The Institute offers advisement and consultation to Florida’s state child welfare system relating to workforce development, training, and the provision of research-based services. This paper will include the description of the Institute and ongoing research.

(Editorial) Indigenous Child Welfare Legislation: A Historical Change or Another Paper Tiger?

(Editorial) Indigenous Child Welfare Legislation: A Historical Change or Another Paper Tiger?

Promoting Protective Factors in Environments of Risk for Young Children: An Organizing Framework for Practice, Policy, and Research

Early childhood is an important developmental period, which lays the foundation for future learning, behaviour, physical and mental health and gene expression. The most vulnerable children in society are often referred to and receive services from the child welfare system because of a concern of abuse and neglect and/or a poor developmental trajectory. This paper presents an organizing framework for how the child welfare system, in concert with allied partners, can support interventions for young children and families by acknowledging its crucial role in improving their development and well-being. The framework is informed by research amassed from numerous disciplines, including child welfare, development, neuroscience, neurobiology and epigenetics. Although the notions of protection and well-being are central considerations in child welfare legislation in Ontario, Canada, the operationalization of wellbeing has proven challenging in child welfare practice, policy and research. The framework proposes ten key indicators and priorities for identifying and promoting optimal child development. Findings from the 2013 cycle of the Ontario Incidence Study of Reported Child Abuse and Neglect (OIS-2013), the only provincial source of aggregated child welfare investigation data, are presented to articulate the divide between the environmental context of a population of at-risk children and the conditions that both protect children and increase the likelihood that they will thrive in adulthood. This paper argues there are different points of entry and intervention across sectors and provides a foundation for further discussion on how to promote well-being for society's most vulnerable children.

Factors that determine decision making in child protection investigations: A review of the literature

AbstractThe aim of the study was to conduct a systematic review of the literature on factors that determine decision making in child protection investigations. More specifically, to investigate the existing research on the 4 factors that are considered fundamental for child protection decision making: case characteristics, caseworker characteristics, organizational characteristics, and external factors. The results indicated that child welfare decisions to investigate a case and/or to implement services are influenced by characteristics of the case, the social worker, and the organization, in addition to external factors. These elements work together to determine the outcome of an investigation. There are some substantial differences between various countries connected to disparities in child welfare legislation, support apparatuses, culture, ideology, and socio‐economic factors. It is methodologically challenging to design studies that capture all possible variables associated with case factors, social workers, and organizational factors. However, multilevel analyses of the types of variables that are most significant to case outcome conclude that caseworker assessments corresponded to organizational factors. Furthermore, decisions are better explained by characteristics of the child welfare organization than by characteristics of the social worker.

The impact of child welfare legislation on domestic violence-related homicide rates.

State-specific statutes providing legal consequences for perpetrating domestic violence in the presence of a child have been enacted across the United States between 1996 and 2012. This paper examines the impact of this child welfare legislation, using a difference-in-differences approach. We find a significant drop in domestic violence-related homicide rates, when considering a wide range of victim-offender relationships. However, this result does not hold for marital homicides, suggesting that for this subpopulation, the risk of reprisal and consequent reduction in reporting may be counterbalancing the hypothesized deterrent impacts of the legislation.

Normative Paradoxes of Child Welfare Systems: An Analysis with a Focus on Germany

Child welfare systems often have unintended and undesirable consequences for children and their social environments. They will be analysed by applying the concept of “normative paradoxes” (Honneth and Sutterlüty) and drawing mainly, but not exclusively, on Germany. The normative aim of child welfare legislation will be reconstructed and it will be argued that the law can be perceived as an institutionalisation of a single, albeit internally complex normative principle – i.e., the principle of the child’s autonomy or self-determination. Using this principle as a yardstick, three types of paradoxical effects will be identified. These counter-productive effects of the autonomy-centred welfare principle will be described as the “undermining”, the “subsumption”, and the “distortion” paradoxes. Because discourse in this field has always had some awareness of these paradoxes, legal developments can be interpreted as ongoing attempts to overcome them.

The Adoption of Frances T: Blood, Belonging, and Aboriginal Transracial Adoption in Twentieth-Century Canada

This article offers a case study of a transracial adoption involving a mixed-heritage child and a legally Indian adoptive couple. The legal adoption of “Frances T” in 1937, considered to be “in the best interests of the child” by social welfare professionals, took on gendered and racialized meaning in the discourse of the Indian Affairs bureaucrats who subsequently attempted to overturn it. The article uses the case to examine Canadian settler-colonial beliefs about blood and belonging. It also explores the complications that emerged as legally defined Indian people came into contact with provincial child welfare legislation. With the goal of eliminating Indigenous legal and kinship forms, the Indian Act colonized adoption so it could be used as a method of assimilation rather than as a traditional form of Indigenous alliance creation and childcare. The case highlights the themes of Indigenous kinship and sovereignty, legislated Indian identity, and the growing involvement of social workers in the lives of Aboriginal people in the mid- to late-twentieth century.

Mandates for Collaboration: Health Care and Child Welfare Policy and Practice Reforms Create the Platform for Improved Health for Children in Foster Care

Improving the health of children in foster care requires close collaboration between pediatrics and the child welfare system. Propelled by recent health care and child welfare policy reforms, there is a strong foundation for more accountable, collaborative models of care. Over the last 2 decades health care reforms have driven greater accountability in outcomes, access to care, and integrated services for children in foster care. Concurrently, changes in child welfare legislation have expanded the responsibility of child welfare agencies in ensuring child health. Bolstered by federal legislation, numerous jurisdictions are developing innovative cross-system workforce and payment strategies to improve health care delivery and health care outcomes for children in foster care, including: (1) hiring child welfare medical directors, (2) embedding nurses in child welfare agencies, (3) establishing specialized health care clinics, and (4) developing tailored child welfare managed care organizations. As pediatricians engage in cross-system efforts, they should keep in mind the following common elements to enhance their impact: embed staff with health expertise within child welfare settings, identify long-term sustainable funding mechanisms, and implement models for effective information sharing. Now is an opportune time for pediatricians to help strengthen health care provision for children involved with child welfare.