Jpi Dc Child Welfare System and Prison Pipeline 2012
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Improving public safety in the District of Columbia requires a comprehensive approach that includes multiple strategies spanning all City agencies, as well as the community at large. One facet of such a comprehensive approach is to improve outcomes for youth so that fewer become enmeshed in the justice system, become victims of crime, or both. This is the last in a series of briefs that address ways in which improving youth outcomes can result in better public safety for the District. Childhood abuse and neglect and placement in the child welfare system are correlated with higher rates of justice system involvement. Reducing harm to children in the home, strengthening families, and investing in systems that support children who are abused and neglected should be part of a comprehensive public safety strategy in the nation’s capital. “The implementation of best practice interventions for maltreated youth would decrease the chances that a person will be involved in criminal activity by promoting emotional health, decreasing homelessness, substance abuse, teen birth rates, and school dropout rates.” Of all individuals currently in prison in the United ~ Joseph Doyle, “Child Protection and Child Outcomes: Measuring the Effects of States, over one in every Foster Care,” American Economic Review, MIT Sloan School of Management, 2007. three women and one in be kept in mind when considering the role of every 10 men report a history of abuse as children.1 Additionally, abused and neglected the child welfare agency, its interaction with children are 30 percent more likely to commit children and subsequent relation to the violent crime, 59 percent more likely to be juvenile justice system. arrested as juveniles and 28 percent more likely to be arrested as adults.2 Children who Washington D.C.’s child welfare system, are removed and subsequently placed within Child and Family Services Agency (CFSA), the child welfare system are twice or even currently has a total of 817 employees. The three times more likely to be involved in the proposed FY14 agency budget is $241.3 justice system than youth who remain inhome.3 Additionally, juvenile arrest rates for children who age-out of system care are estimated at 50-67 percent.4 By investing in a robust child welfare system that provides children and families the services and supports to reduce abuse and neglect, D.C. can not only increase positive life outcomes for youth, but in turn improve public safety. million, which represents a 6.1 percent decrease from the FY13 budget of $257.1 million.5 The aim of the child welfare system is to provide resources, services and interventions to assist abused and neglected children and work to support positive, healthy and safe families. Within this framework, CFSA provides services in four main areas: 1. Child Protective Services (CPS). This involves the taking and investigating of reports of known or suspected child abuse and neglect. CPS runs a 24-hour In protecting children from abuse and neglect, Hotline which responds to these child protective agencies are responsible for reports. Depending on the severity and working closely with parents and families to legitimacy of the claim, CPS will follow ensure that child removal is the last resort. up with an investigation. The maintenance of a safe and stable living 2. Assisting families. In order to ensure environment for a child is fundamentally a the safety and well-being of children, parental responsibility. Parents, families and primary caregivers must be supported healthy stable living environments are an as well. This may involve connecting integral part to child wellbeing, and this must families with services in the community that will help them placement options is included in the overcome issues that may be appendix. interfering with the well-being of their children, such as substance abuse or FOUR PILLARS mental health problems. These services The nationally recognized Four Pillars framework consists of: 1. Narrowing the Front Door: CFSA will seek to keep families together and use removal only when necessary for the safety of a child through an increase in the use of Differential Response*, kinship care and community supports. 2. Temporary Safe Haven: Children who have to come into care should be placed for the shortest amount of time possible in family-like placements that allow for continued connections with family, community and school. Permanency planning should begin the first day that children enter care. 3. Promote Child Well-Being: The agency is committed to collaborating with educational, mental health and physical health systems to promote the healthy development of all children in care. Teen parenting supports, the prevention of teenage pregnancy, promotion of high school graduation and evidence-based interventions for physical health conditions and chronic mental health conditions, including trauma, are key. 4. Exits to Positive Permanency: Youth who exit care, whether through emancipation or permanency, should have lifelong connections in place and be prepared with the stability, supports and skills needed for a successful transition into adulthood. occur as either a preventative measure to entering care, often through one of six Family Support Collaborativesi, or subsequent to coming into care, as a requirement to retaining or regaining custody of a child. 3. Providing safe, out-of-home care. This is utilized when the home environment presents too much of a threat to the safety of the child, necessitating the removal of the child from the home. Children may be placed with licensed foster or kinship caregivers in these situations. 4. Re-establishment of permanent homes. If a child is removed from his/her home, the agency works to address the issues preventing the child from being in the home, with the intention of reconnecting (re-unifying) the child with their original caregiver. If those efforts are either unsuccessful or unfeasible, a permanent home for the child is sought through relatives, guardianship or adoption. A more comprehensive description of CFSA’s processes and In Washington D.C., There are five independent, nonprofit Family Support Collaboratives providing neighborhood-based prevention services and support to families. Each Collaborative provides unique services and supports tailored to meet the needs of their respective communities, such as youth violence prevention and intervention and workforce development. For more information see: Healthy Families Thriving Communities Collaborative Council, “Our Mission.” http://dccollaboratives.org/ i * described later in this document Source: Center for the Study of Social Policy, “LaShawn A. v. Gray Progress Report for the Period July 1-December 31, 2011,” May 2012. http://www.cssp.org/publications/childwelfare/class-action-reform/LaShawn-A-v-Gray-ProgressReport_May_21_2012.pdf. DEFINITION OF CHILD ABUSE AND NEGLECT “Abused Child: The term “abused” – when used in reference to a child – means: a. Infliction of physical or mental injury upon a child b. Sexual abuse or exploitation of a child c. Negligent treatment or maltreatment of a child The term “abuse” does not include discipline administered by a parent, guardian, or custodian to his or her child, provided that the discipline is reasonable in manner and moderate in degree and otherwise does not constitute cruelty. Sexual Abuse means: a. Engaging in, or attempting to engage in, a sexual act or sexual contact with a child; b. Causing or attempting to cause a child to engage in sexually explicit conduct; or c. Exposing a child to sexually explicit conduct. Neglected Child: A “neglected child” means a child: a. Who has been abandoned or abused by his or her parent, guardian or other custodian, or b. Who is without proper parental care or control, subsistence, or education as required by law, or other care or control, necessary for his or her physical, mental or emotional health, and the deprivation is not due to the lack of financial means of his or her parent, guardian or other custodian; or c. Whose parent, guardian or other custodian is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity; or d. Whose parent, guardian, or custodian refuses or is unable to assume the responsibility for the child’s care, control, or subsistence and the person or institution which is providing for the child states an intention to discontinue such care; or e. Who is in imminent danger of being abused and whose sibling has been abused; or f. Who has received negligent treatment or maltreatment from his or her parent, guardian, or other custodian; or g. Who resided in a hospital located in the District of Columbia for at least 10 calendar days following the birth of the child, despite a medical determination that the child is ready for discharge from the hospital, and the parent, guardian, or custodian of the child has not taken any action or made any effort to maintain a parental, guardianship, or custodial relationship or contact with the child.” Source: Child and Family Services Agency, “Policy Title-Hotline,” August 2012. http://cfsa.dc.gov/DC/CFSA/About+CFSA/Policy/CFSA+Policy+Manual+Table+of+Contents/Program+Policies/Program+-+Hotline. Similar to other jurisdictions, D.C.’s child welfare system has faced numerous challenges, oversight and ultimately reforms. Most recently in 2012, CFSA Director Brenda Donald implemented an aggressive reform agenda including the implementation of the Four Pillars framework. A complete timeline of D.C.’s child welfare reforms which provides a more comprehensive overview of challenges and reforms in the District can be found in the appendix. According to the Children’s Defense Fund, a child is abused or neglected every three hours in Washington, D.C.6 The District has the second highest rate of children in care (per 1,000) of all comparable urban jurisdictions, Although the number of youth removed from their homes declined 43 percent since 2003, D.C. still removes youth at a higher rate than comparable cities. 8,000 7,547 Number of Children 7,000 5,920 6,000 5,555 4,519 5,000 4,000 3,070 2,784 3,000 2,563 2,373 4,328 2,306 4,463 2,297 4,216 4,301 3,753 3,595 2,171 2,093 1,851 1,735 Sept. 2009 Sept. 2010 Sept. 2011 FYTD 2012 (Mar.) 2,000 1,000 0 Sept. 2003 Sept. 2004 Sept. 2005 Sept. 2006 Sept. 2007 Number of Children in Out-of-Home Care Sept. 2008 Number of Children CFSA Serves Source: Child and Family Services Agency, “Children and Youth CFSA Serves,” April 2012. http://cfsa.dc.gov/DC/CFSA/Publication%20Files/LaShawn%20Data/FS%2002%20Child%20Stats%20Apr %202012.pdf including New York City, Atlanta, Chicago, Foster care is not categorically a more harmful option, as children experiencing severe abuse 7 Detroit, and Philadelphia. As of February 2012, the D.C. child welfare system was serving 3,595 youth between birth and age 21. Between 2005 and 2011, the number of District children in foster care 8 declined 33 percent, from 2,588 to 1,744. This decline is in line with a decade long decline in the total number of youth involved in the child welfare system nationwide.9 Nationally, may benefit from being removed from their home. However, for youth in lower-risk situations, greater efforts at in-home services and community supports may yield improved short and long-term outcomes.13 This may be particularly relevant in cases of neglect, which currently comprise two-thirds of the entries into out-of-home care in the District. 14 between 2005 and 2011 the number of youth To support further reductions in the use of in foster care declined 22 percent and the total foster care, it is important for policymakers in number of youth served by the child welfare D.C. to examine how D.C. can better serve its 10 system declined 19 percent. While D.C. has youth, enhance services and support for seen declines above the national average, the families and work to increase district wide District is still removing children from their public safety. District policies and resources homes at higher rates than other comparable should acknowledge that the majority of cases cities.11 In fact, of all youth served by CFSA, that lead to referrals and out of home the percentage removed from their homes and placements may be better served by placed in foster care increased from 40.7 alternatives that emphasize in-home services, 12 percent in 2003 to 48.3 percent in 2012. community supports and stability, all of which can serve to reduce future justice poverty are more likely to have substance system contact and promote positive life abuse issues, mental health issues and stress outcomes for D.C youth. associated with unemployment, all of which are risk factors for child maltreatment. Community and family economic instability may also present a challenge in providing children basic health, food, education and housing needs. It should be noted that the inability of a family to meet the aforementioned needs is criteria for child welfare system involvement. Family and neighborhood poverty are two of Washington D.C. has one of the highest child the strongest predictors of child maltreatment. poverty rates in the United States, which is While poverty is not a direct cause of child concentrated in Wards 7 and 8. Nearly 50 abuse or neglect and should never be a reason percent of youth in Ward 8 and 40 percent of for removing a child, the conditions and youth in Ward 7 live below the federal challenges poverty causes can impede a poverty lineii.15 In 2011, Ward 8 had the family’s ability to ensure the safety and well- highest unemployment rate in the country being of its children. Families experiencing (25.2 percent), the lowest average family Wards 7 and 8 have the highest percent of D.C. children living below the poverty line. 48% 50 45 40% 40 Percent 35 30 29% 28% 31% 23% 25 18% 20 15 12% 10 3.1% 5 0 DC Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 Ward 8 Source: U.S. Census Bureau, “American Community Survey, 2005-2009,” Accessed October 2012. http://www.neighborhoodinfodc.org/wards/wards.html. In 2012, the federal poverty guideline for a family of four was $23,050. Source: U.S. Department of Health and Human Services, “2012 HHS Poverty Guidelines,” accessed February 2013. http://aspe.hhs.gov/poverty/12poverty.shtml ii Number of Substantiated cases of abuse Wards 7 and 8 comprise over half of all substantiated cases of abuse in the District. 671 700 600 500 400 360 343 300 200 147 140 86 100 79 4 0 Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 Ward 8 Source: DC Action for Children, "Substantiated Cases of Abuse and Neglect by Ward (Number) - 2009," Accessed October 2012. http://datacenter.kidscount.org/data/bystate/Rankings.aspx?state=DC&ind=4799. income in the city ($44,076); and over one in family income in the city, only had four cases three (35 percent) residents living in poverty. of abuse and neglect in 2009.18 According to data from CFSA, the majority of youth entering care are Title IV-E eligible indicating that they are in poverty.16 Examining child welfare system involvement in D.C. by Ward shows that Wards 5, 7 and 8 have significantly higher rates of involvement than the District as a whole. Specifically, the percentage of substantiated cases of abuse and neglect in Wards 5, 7 and 8 represent 75 percent of all cases in the District. People of color, specifically African Americans and to a lesser extent Latinos, have disproportionately higher child welfare system involvement than their White counterparts in the District. Of the Ward 8 also consistently has the highest children involved in D.C’s child welfare number of substantiated cases of child abuse system, 99 percent are youth of color.19 and neglect in the city. Youth in Ward 8 Additionally, the highest percentage of people comprised 37 percent (671 cases) of the total of color in Washington D.C. reside in Wards 7 cases in the District in 2009, nearly twice as and 8, where there is a significant intersection many compared with the next-highest ward, of poverty, unemployment and lowest Ward 7 (360 cases).17 In contrast, Ward 3, average household income.20 Of the youth which has the lowest unemployment rate, served by CFSA, 93 percent are African lowest child poverty rate and highest average Wards 5, 7 and 8 have the highest percentage of people of color in the District. 100 Non-Hispanic Other 90 80 American Indian (non-Hispanic) Percent 70 60 Asian/Pacific Islander (nonHispanic) 50 Hispanic 40 30 Black (non-Hispanic) 20 10 White (non-Hispanic) 0 Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 Ward 8 Source: U.S. Census Bureau, “DC Ward Profile,” Accessed October 2012. http://www.neighborhoodinfodc.org/wards/wards.html. American, six percent are Latino, and the majority are low-income.21 The disproportionate representation of African American youth in the child welfare system can be attributed to a number of factors, including structural racism (i.e. racial residential segregation, criminal justice policies), socioeconomic inequalities, historical injustices,22 race-based differences in Child Protective Services involvement, and a lack of culturally relevant and responsive prevention and family preservation programming. 23 The racial disproportionality of communities of color involved in the child welfare system is mirrored in the District’s juvenile justice system. 24 In FY11, 96 percent of youth under the supervision of Department of Youth and Rehabilitative Services (DYRS), the District’s juvenile justice agency, were African American, with the remaining four percent being Latino.25 The concentrated impact in Wards 7 and 8 seen in the child welfare system is similarly evident in the juvenile justice system, with 50 percent of youth under DYRS supervision being from Wards 7 and 8 educational instability and out-of-home during FY11. placement instability. These statistics suggest that how the city There is a higher prevalence of mental health issues among children in the child welfare and juvenile justice systems than in the general population. Child chooses to make investments in high risk wards, including Wards 7 and 8, is reflected by the area’s concentrated impacts related to poverty, race, child welfare and crime. There is a serious need for social and economic supports to promote family economic stability, and best practice prevention and early intervention programming to increase child well being for youth and residents now and in the future. maltreatment has been evidenced to increase the rates of mental health problems in youth, including Post Traumatic Stress Disorder (PTSD) and depression. 28 These problems are compounded in youth who experience multiple forms of maltreatment (i.e. physical abuse, emotional abuse, neglect, home removal and/or abandonment), which can result in exacerbated mental health symptoms and complex trauma. 29 THE TYPE OF MALTREATMENT IMPACTS THE TYPE OF ASSOCIATED DELINQUENCY Research has consistently shown that maltreated youth are at an increased risk of engaging in subsequent delinquency.26 Particularly, certain risk factors associated with maltreatment predispose youth to Different types of child maltreatment are associated with different types of delinquency. Physical abuse tends to be most correlated with violent delinquency, whereas neglect is predictive of offending in a more general sense. Sexual abuse, on the other hand, is more predictive of arrest for sex crimes than other forms of abuse, and victims are nearly 28 times more likely to be arrested for prostitution than the general population. The age that maltreatment is experienced also influences delinquency, with those experiencing maltreatment during adolescence, or consistently from early childhood into adolescence, more likely to commit an offense than those who experience maltreatment solely in early childhood. delinquent behaviors. Therefore, a comprehensive understanding of these factors should inform interventions aimed at preventing youth from crossing over to the juvenile justice system from the child welfare system.27 Major risk factors include mental health issues, multiple forms of victimization, Sources: Denise Herz et al., Addressing the Needs of Multi-System Youth: Strengthening the Connection Between Child Welfare and Juvenile Justice (Washington, DC: The Center for Juvenile Justice Reform, 2012). http://cjjr.georgetown.edu/pdfs/msy/AddressingtheNeedso fMultiSystemYouth.pdf. Cathy Spatz Widom, Victims of Childhood Sexual AbuseLater Criminal Consequences,” (Washington, DC: National Institute of Justice, 1995). http://www.cj.msu.edu/~outreach/mvaa/Child%20Protecti on/Victims%20of%20Childhood%20Sexual%20Abuse%2 0Later%20Criminal%20Consequences.pdf. COMPLEX TRAUMA: “refers to a child’s exposure to multiple or prolonged traumatic events and the related impact of those events on their development. Typically, complex trauma is chronic, begins in early childhood and occurs within the primary care giving system (i.e. the home). Children experience various forms of maltreatment either simultaneously or sequentially including physical and sexual abuse, neglect and/or domestic violence. These traumatic experiences lead to a loss of safety, direction and the ability to detect or respond to danger cues which often sets off a chain of events leading to subsequent or repeated trauma exposure in adolescence and adulthood.” Source: The National Child Traumatic Stress Network, “Complex Trauma in Children and Adolescents,” October 2012. http://www.nctsn.org/trauma-types/complex-trauma. The child welfare system has the highest rate of trauma-affected youth of any youth-serving system.30 Involvement in the child welfare system, almost by definition, means that a youth has likely experienced at least one major traumatic event, with many youth exposed to multiple and/or prolonged traumatic events, such as parental incarceration, domestic violence, substance abuse and community violence. 31 The experience of multiple traumas is cumulative and leads to a more complex symptom response than traditional Post Traumatic Stress Disorder (PTSD) symptoms. Youth with complex trauma histories may experience an array of adverse developmental outcomes32 and higher rates of internalizing problems 33 including conduct disorders, anxiety disorders, adjustment disorders, emotional disorders 34 and increased levels of posttraumatic stress.35 Entry into the child welfare system itself can lead to additional stress and trauma if the youth is removed from their home, experiences multiple out-ofhome placements or has to transfer schools and peer groups.36 In a study examining trauma exposure in foster care youth, 70 percent of the youth reported experiencing at least two of the following traumas: physical abuse, sexual abuse, emotional abuse, neglect and domestic violence. 37 More than one in 10 reported having experienced all five types of trauma. 38 Approximately two in every three males and three in every four females involved in the juvenile justice system are believed to possess one or more psychiatric disorders.39 In addition, the majority of youth involved in the juvenile justice system have also experienced trauma. 40 Mental health problems are significant risk factors for delinquent behavior and subsequent justice system involvement. 41 Child maltreatment is a significant source of trauma experienced by incarcerated youth, with 38 percent reporting a history of physical abuse. 42 Victimization increases the likelihood of involvement in both the child welfare and juvenile justice systems. Aside from an increased risk of having experienced violence at home, maltreated youth often experience multiple forms of violence in various contexts, both in and outside the home. Youth can experience violence either directly or indirectly (i.e. witnessing violence in the home, school or community), both of which have serious implications. Some common types of youth victimization include child abuse, domestic violence, bullying, crime and physical assault.43 The exposure to multiple forms of abuse, violence and/or victimization is known as polyvictimization. 44 Polyvictimization is often associated with the and emotional health of youth. Both following four prior circumstances: 45 experiencing and witnessing violent 1. Dangerous Families: living in a family that experiences considerable violence and conflict 2. Family Disruption and Adversity: having a family dealing with multiple problems that may compromise a child’s supervision or create unmet victimization has been shown to increase violent crime, property crime and drug use among youth.48 Additionally, being a victim has also been linked to depression, decreased social control, weakened social bonds (i.e. family and community connections) and increased delinquent peer associations.49 emotional needs such as issues related Threats to the safety and well-being of to money, employment and substance children within the child welfare system abuse encompass a much broader scope than what 3. Dangerous Neighborhoods: residing in children may experience at home. One of the or moving into a neighborhood where indicators that youth in the child welfare there are frequent incidents of violence system are subject to other forms of violence 4. Emotional Problems: research shows is the number of violent homicides among that a child with preexisting emotional youth known to the system. Violent homicide problems has an increased chance to is now the leading cause of death for youth engage in risky behavior, act “known to the D.C. child welfare system” (are aggressively and compromise their currently or have been previously engaged ability to protect his or herself. with CFSA) at the time of their death. Of the Victimization tends to be disproportionately distributed amongst certain demographics and environments,46 including African American male youth, youth in single-parent households and youth in households with caregivers other than their biological parents.47 27 youth in the District who died as a result of homicide in 2009, 18 were known to CFSA.50 All 18 victims were African American, 16 were males51 and the majority were involved in either the juvenile or adult justice systems.52 These staggering numbers warrant serious attention into issues faced by a child involved in the child welfare system and highlights the Polyvictimization is largely experienced by importance of interventions encompassing all youth in the child welfare system and has forms of violence and victimization. long-term implications on physical, mental, A child is abused or neglected every three hours in Washington, D.C. Educational instability increases the risk of future justice system involvement. Educational outcomes for youth involved in the child welfare system are impacted by the cognitive, behavioral, social and emotional effects of family instability and maltreatment. 53 Maltreated youth are more likely to perform poorly in school and experience a host of educational challenges, including: suspension, truancy, not being prepared for class, failure to complete homework, underperforming on standardized tests, poor relationships with teachers and feeling insecure and a sense of not belonging at school resulting in low involvement in school-related activities. 54 They are also less likely to graduate high school and less likely to attend college.55 Research MOVING INNOVATION FORWARD: THE OFFICE OF WELL BEING CFSA’s Office of Well Being promotes healthy growth and development for children, youth, and families involved with the child welfare system. The following programs are managed by this office to help address service needs to ensure well-being for youth and families: Education services include prevention of truancy, school placement, special education, and achievement. Contracts with tutoring and transportation vendors help to support educational outcomes, including maintaining school placement. Mentoring services are offered through the Agency’s Volunteer Mentoring Program and help to support school attendance, achievement, and emotional wellbeing. Domestic violence services include an assessment for families involved in domestic violence, a safety plan to address the needs, and referral to community resources. Substance abuse services include referrals for youth and adults to DC’s Addiction Prevention and Recovery Administration (APRA) for assessment and treatment, in addition to identifying and addressing barriers to treatment. Day Care vouchers through the Department of Human Services (DHS) and subsidies provided by CFSA are available through this office. Rapid Housing applications for families are processed through this office. Source: Mindy Good, Director of Communications, Children and Family Services Agency, personal correspondence February 1, 2013. has consistently shown that higher rates of six months academically behind their peers.59 educational attainment are associated with As a result, almost half of youth in foster care 56 lower crime. Therefore poor educational placement do not graduate high school.60 outcomes and lack of school attachment Knowing the importance of education not associated with child maltreatment only only to the life outcomes of youth, but also to serves to increase the risk of juvenile citywide public safety, policymakers and delinquency. 57 community leaders should continue to invest In addition to the obstacles faced as a result of maltreatment, involvement in the child welfare system itself can be disruptive to the educational process. This is particularly evident for youth in foster care, who change schools two to three times per year on average.58 Each time a foster youth changes schools, it is estimated that they fall three to in education and work to reduce the number of school changes experienced by foster care youth in the District. The type and number of placements influence delinquency outcomes for child welfareinvolved youth. Youth who move frequently due to foster care placement disruptions are at risk of poor educational outcomes and decreased emotional health.61 These youth also tend to experience an increase in behavioral problems such as depression, anxiety and aggression.62 While one of the predictors of placement disruption is a child’s behavioral problem while in care and a foster parent’s inability or unwillingness to continue care, these behavioral problems have only been shown to increase after a placement change.63 Therefore, an out-of-home placement in itself is associated with delinquency and disruptive behavior and if placement instability continues, the risk of delinquency increases further. Youth involvement in the child welfare system is often the result of a confluence of factors that impact a parent’s ability to provide safe and stable care for a child. Often times, external family pressures and influences brought on by community instability and lack of available resources has Additionally, placing a child in a group home a direct bearing on the family and parenting. has also been associated with increased rates There are a number of parental risk factors of delinquency. By contrast, kinship associated with child welfare system placements (placement with a relative of the involvement, including single-parent child) are 70 percent less likely to be households, mental health issues, substance disruptive for a child than non-kinship abuse, domestic violence,67 young placements. Kinship placements are motherhood, parental stress, low parental associated with decreased behavioral education level and parental criminal justice problems and increased positive outcomes for system involvement. 68 Similarly, these youth. 64 In FY12, only 17 percent of foster parental risk factors are also associated with children in DC were placed with kin.65 juvenile delinquency and youth involvement Promoting the use of kinship placements, and in the justice system.69 Therefore it is increasing the level of support given to foster important to understand and address parents and kin, has been shown to reduce the community and parental factors that increase incidence of placement disruptions and a child’s risk of involvement in both the child should remain a priority for CFSA and welfare and juvenile justice systems. 66 policymakers in D.C. Parental mental health is a significant factor of youth child welfare system involvement. Nationally, close to 25 percent of caregivers referred to Child Protective Services have had a major depressive episode within the previous year, as opposed to seven percent of adults in the general population. 70 Women are more susceptible to depression than men, and represent a disproportionate amount of the primary caregivers referred to the child welfare system.71 The link between maternal depression and child welfare system involvement is related to the symptoms of depression and their effect on parenting practices. These symptoms have been PRIMARY REASONS FOR YOUTH ENTRY INTO FOSTER CARE 1. 2. 3. 4. 5. Neglect Physical Abuse Parental Incarceration Parental Substance Abuse Inadequate Housing Source: Children and Family Services Agency, Annual Public Report FY2011 (Washington, D.C.: 2012) http://cfsa.dc.gov/DC/CFSA/About+CFSA/Who+We+Are/P ublications/Reports/Annual+Report+2011/Annual+Report+ 2011 correlated with physical and emotional the likelihood of reunification and result in neglect and abuse, harsh parenting, corporal the termination of parental rights.76 punishment and yelling. 72 Policymakers and practitioners need to be The impact of trauma on parenting has been aware of the impact of trauma and parental less studied, but is increasingly relevant. mental health on the stability of home and Trauma often occurs along with depression, family environments and provide parents and and parents of maltreated children frequently communities with affordable and accessible possess histories of PTSD and other major mental health services. mental health disorders at significantly higher Parental substance abuse is a serious public health concern and extremely prevalent in child welfare cases. Nationally, between 60-70 rates than the general population. 73 Trauma exposure is associated with high rates of substance abuse, lower levels of parenting satisfaction, increased levels of neglect, physical punishment and psychological aggression which can lead to child welfare involvement. 74 Domestic violence is the most frequently cited source of trauma in women and children. 75 percent of parents involved in substantiated cases of child abuse or neglect have a substance abuse disorder. 77 This number increases to 80 percent for parents of youth placed in foster care. 78 Parental substance abuse increases the likelihood of parental Parental trauma has implications beyond rights being terminated, out-of-home care, increasing the risk for child welfare longer stays in care, re-victimization and involvement. It also has an impact on child adoption.79 welfare interventions and outcomes. Trauma symptoms or related conditions may inhibit a parent’s ability to engage successfully in the services mandated by the child welfare system. This may increase the likelihood that a child will be removed from home, decrease Child welfare system attempts at engaging parents with substance abuse issues in treatment have proven challenging in spite of its importance. Nationally, out of every 100 child welfare-involved parents required to complete substance abuse treatment, 64 will complete an intake interview, 50 will attend behavioral and psychological problems. Of “some” treatment, and only 13 will complete these children, one in five experience treatment.80 Addressing the underlying internalizing problems, such as depression barriers to successfully completing treatment and anxiety, and one in three experience is critical. Additionally, policymakers have a significant externalizing problems, such as responsibility to ensure that communities and aggression and disruptive behaviors.84 families have the resources available to them to ensure positive life outcomes for their children, which includes investing in and increasing access to community based substance abuse prevention and treatment programming. D.C. has one of the highest incarceration rates in the country,85 which has direct and longterm implications on the city’s youth. This impact is disproportionately prevalent among African American children and children of parents with low levels of educational Parental incarceration is a top reason for D.C. children entering care. Neglect accounts for nearly two-thirds attainment. Nationally, African American of children who enter out-of-home care in than White children to have a parent in D.C., with physical abuse being the second prison.86 Incarcerated parents face significant leading reason.81 In 2010, parental barriers to retaining their parental rights due incarceration surpassed parental substance to typical sentences averaging between 80 and abuse as the third highest reason for District 100 months. Additionally, the inability of children entering care,82 and in 2010, one in parents in prison to access adequate every six kids entering foster care had an reunification services such as parenting incarcerated parent.83 Children of incarcerated classes, substance abuse and mental health parents in foster care are at a significantly treatment as well as the inability to participate higher risk of experiencing emotional, in dependency proceedings and irregular children are three times more likely than Latino children and seven times more likely FOUR PATHWAYS TO CHILD WELFARE AND JUVENILE JUSTICE SYSTEM INVOLVEMENT: 1. Involves a youth who has an open child welfare case and subsequently gets arrested for delinquency, entering the delinquency system at some level. 2. This pathway is similar to the first except the child welfare case was closed prior to the time of the delinquency. 3. The youth is a victim of maltreatment, but the maltreatment has not come to the attention of the child welfare system. In the process of investigating the delinquency charge, the justice system identifies the maltreatment and initiates child welfare system involvement. 4. A youth is placed in a correctional facility and upon release from the facility there is no safe home for him/her to return to. Consequently, the justice system initiates a referral to child welfare to prepare for the youth’s release. Source: Denise Herz, Philip Lee, Lorrie Lutz, Macon Stewart, John Tuell and Janet Wiig, Addressing the Needs of MultiSystem Youth: Strengthening the Connection Between Child Welfare and Juvenile Justice (Washington, DC: The Center for Juvenile Justice Reform, 2012). http://cjjr.georgetown.edu/pdfs/msy/AddressingtheNeedsofMultiSystemYouth.pdf. contact with children only serves to increase the challenge of retaining parental rights and the negative impact of this on children.87 While all of the aforementioned parental risk factors increase the likelihood of child maltreatment and subsequent involvement in the child welfare system, they are often situated in the context of neighborhood and into the other system. In spite of the prevalence of maltreatment and delinquency, those in the child welfare or criminal justice systems may not realize a child is a crossover youth. Not being known to one or both systems can occur if the maltreatment and/or delinquency has not been identified or formally reported.89 As a result, the total number of crossover youth in the District is unknown. community poverty and disadvantage. Youth who have experienced maltreatment and engage in delinquency have differing levels of involvement in each system and fall into three main groups: crossover youth, dually-involved youth and dually-adjudicated youth. Dually-involved youth are those known to the juvenile or adult justice system and the child welfare system at the same time.90 However, it should be noted that a youth’s level of involvement in each system does not have to be formal in order to be termed a dually-involved youth.91 In some situations involvement may be preventative and youth might be engaged in a diversion program, such as Youth Court, or voluntary family support services, such as a Family Support Collaborative. The total number of duallyinvolved youth in the District is similarly unknown and difficult to track because of the informal nature of contact with either system and a lack of cross-systems information sharing.92 CROSSOVER YOUTH Youth who experience maltreatment and engage in delinquency and who may or may not be known to the child welfare and/or juvenile justice systems Crossover youth represent the largest group, encompassing DUALLY-INVOLVED YOUTH all youth who have both Crossover youth who have some level of concurrent involvement (diversionary, formal, experienced or a combination of both) with both the child welfare and juvenile justice systems maltreatment and engaged in delinquency.88 These DUALLY-ADJUDICATED YOUTH youth have “crossed Dually-involved youth who are formally involved (sustained dependency court over” from involvement allegation) and are adjudicated by the delinquency court in either the child Source: Shay Bilchik et al., Addressing the Needs of Multi-System Youth Strengthening the welfare system or the Connection between Child Welfare and Juvenile Justice,” (Washington, DC: The Center for juvenile justice system Juvenile Justice Reform, 2012) http://cjjr.georgetown.edu/resources.html Dually-adjudicated youth are those formally involved in both the child welfare and juvenile justice systems.93 This often means a youth who is formally involved in both systems through being adjudicated by DYRS and a client of CFSA. A commonly used term for these youth is “dual-jacketed” youth. In FY11, 113 youth in the District were “dualjacketed”94 and comprised approximately nine percent of DYRS’s 1,269 committed youth that year. 95 DYRS-involved youth only constitute approximately one-third of all youth involved in the District’s juvenile justice system, so the total number of dually-adjudicated youth, although unreported, is much higher. Child and Family Services Agency (CFSA) has case management responsibility for dualjacketed youth unless Family Court transfers this responsibility to DYRS due to public safety concerns. 96 In FY12, a little under half of the dual-jacketed cases were transferred to DYRS.97 Regardless of who takes on the role of primary case manager, both agencies are responsible for coordinating care throughout the duration of the case.98 Youth involved in multiple systems have complex needs requiring a high level of collaboration and communication between DIVERTING YOUTH THROUGH “YOUTH COURT” Youth Court is a voluntary alternative sentencing program for first time, nonviolent youth who committed crimes in the District. Rather than going through the traditional juvenile justice system, eligible youth are diverted to Youth Court, where their case is heard by a jury of their peers. The youth jurors identify the underlying issues and situations that the defendant faced prior to being charged, and use that information to assign relevant community-based sanctions. Sanctions may include attending jury duty, participating in girls or boys group, performing community service, writing letters of apology to the victim and/or their family, and/or participating in mental health, mentoring, substance abuse or shoplifting programs. If the youth completes their sanctions, the charge will not appear on their record. Over the past 16 years, Youth Court has diverted over 6,595 youth from the juvenile justice system, with a number of positive results. Over 90 percent of youth participants do not recidivate and 70 percent finish high school and continue on to higher education. In addition, Youth Court is cost-effective with low administrative costs and the majority of staff being comprised of volunteers from the U.S. Attorney’s Office, Howard University and Georgetown University. systems. Within four and eight years of the time they turn 18, dually-involved youth have been shown to be two to three times more likely to access three or more service systems than their peers involved in just the child welfare or juvenile justice system.99 As adults, youth who were dually-involved are more likely to have involvement in the adult criminal justice system as well as the mental health/substance abuse and public welfare systems.100 The expansion and increased utilization of community-based diversion programs, such as Youth Court, would be particularly beneficial to District youth involved in the child welfare system. For these already-vulnerable youth, it provides another layer of support and is a valuable alternative to a criminal charge and further involvement in the justice system which can have a lasting impact on their well-being, including their educational, occupational and housing prospects. Source: Youth Court of the District of Columbia, “Youth Court of the District of Columbia,” January 2013. http://youthcourtofdc.org/. The District should implement a universal education, youth employment and mental case plan that is consistent across all youth health systems. These four systems are serving systems. The lack of cross-systems interwoven and in order to ensure that collaboration is an immense barrier to District youth are given the opportunities for meeting the complex needs of youth in the successful life outcomes, all four must have District and such a plan would allow for the necessary resources and incorporate greater coordinated services and continuity of evidence-based programs and best-practice care for youth involved in D.C.’s education, models. mental health, child welfare and juvenile justice systems. Currently there is no automated database of information about youth being jointly served, 101 and increased attention around a more comprehensive and The following are some examples of best practice community-based interventions that have been proven to prevent child welfare and juvenile justice system involvement: collaborative relationship is warranted. In Differential Response addition, continuity of care needs to be Differential response is an approach that prioritized if a case transfer occurs. The tailors Child Protective Service responses District should seek to have CFSA be the based on the type, severity and risk of child primary case manager for dually involved abuse or neglect reports, rather than just children to ensure the youth and their family applying a one-size-fits-all approach to get the broadest array of services possible, investigations and interventions. Generally, and the youth’s unique challenges resulting cases that are identified as involving severe from abuse and neglect are not forgotten. types of maltreatment are referred for a standard CPS investigation, but those identified as low and moderate risk may be referred to an alternative response. 102 The alternative response is used in cases where the child is not in immediate or serious danger.103 This type of response can be particularly useful in cases of neglect, which constitute the While no single strategy will guarantee majority of child welfare cases in the District reductions in delinquent behavior, criminal and nationally. Differential Response engages activity, or crime rates, a robust child welfare the family voluntarily (as opposed to system can have a positive public safety involuntarily through the standard response) benefit. However, it should be noted that a in an identification of family strengths and child welfare system can only be as strong as needs to determine which service referrals its supportive agencies – meaning that in may be useful to support positive parenting addition to making more investments in and family well-being. Often times, the D.C.’s child welfare system; similar alternative response may not necessitate a investments should be made in D.C.’s formal substantiation of child maltreatment, of the child welfare system without being put Nurse Family Partnerships for Low-income Families (NFP) on the child protection registry. 104 This NFP is an intervention for low-income, at-risk national best-practice approach both lowers women, pregnant with their first child. The the number of youth involved in the child program involves intensive home visitation welfare system and works to ensure that by nurses throughout pregnancy and two families are more likely to benefit from years subsequent to birth.110 Efforts are services through the non-adversarial focused on the promotion of child approach.105 CFSA has started a phased development and parenting skills. Extensive implementation of differential response in research has been conducted on the program Washington D.C. with the hopes of full over the last 3 decades, with the level of program implementation by 2013. proven of effectiveness unsurpassed in and the family will receive supports outside evidence-based home visitation programs.111 Triple P Positive Parenting Program (Triple P) Prenatal and early childhood home visitation Triple P is a multi-level public health by nurses has been shown to decrease the approach to parenting and family support. It rates of child abuse and neglect as well as has been clinically proven in the United States criminality and behavioral problems. 112 It also and internationally over the last 30 years and reduces the number of subsequent is grounded in social learning, cognitive- pregnancies, welfare dependence, substance behavioral and developmental theory.106 The abuse, and number of lifetime sexual partners type and level of intervention is determined for the mothers.113 on a case by case basis, depending on the strengths, needs and goals of parents. Interventions vary from tip sheets and videos on positive parenting, to brief targeted interventions by primary care practitioners, to intensive parent training focused on broader family issues such as anger and stress. 107 Triple P is targeted at reducing risk factors for child maltreatment and behavioral and emotional problems in children through changing dysfunctional parenting practices and enhancing parental skills. 108 In a study of 85,000 families, the effects of Triple P Parenting was found to result in 688 fewer cases of child maltreatment; 240 fewer out-ofhome placements; and 60 fewer children with injuries requiring hospital treatment per 100,000 children under age eight.109 Effective Black Parenting Program (EBPP) The Center for the Improvement of Child Caring (CICC) launched the EBPP in the 1970’s, the first culturally-adapted parenting program for parents of African American children.114 Though previous parenting programs have shown some positive results with African American parents, they failed to address critical aspects of African American life, including traditions in African American family life, the importance of positive cultural heritage promotion and the impact of slavery on child rearing. 115 EBPP content includes Culturally-Specific Parenting Strategies; General Parenting Strategies; Basic Parenting Skills Taught in a Culturally-Sensitive Manner, Using African American Language Expressions and African Proverbs; and “booster session” one to two months after the Special Program Topics (including Single 11th weekly session. The CPP is evidence- Parenting and Drug Abuse Prevention). 116 based: the children of parents who attended The program has been proven successful with the program had fewer behavioral problems parents (including teen parents) of African at home, in school and during videotaped American youth between the ages of birth interactions with their parents. 124 Parents who and-18, and is the program of choice for participated in the program had increased hundreds of institutions serving African parenting confidence, used less corporal American families nation-wide. 117 It has been applied most frequently with high-risk punishment and were more likely to use positive and consistent discipline strategies. 125 populations, and has been utilized in Crossover Youth Practice Model (CYPM) substance abuse prevention, child abuse prevention, delinquency prevention, school The CYPM was created and released by the reform and historically Black churches and Center for Juvenile Justice Reform in 2010 to faith groups. 118 identify ways to meet the high level of need of The Chicago Parenting Program (CPP) dually involved youth. 126 To date, it has been The CPP is a parenting, health promotion and country. 127 The goals of the CYPM are to prevention program with the purpose of reduce the number crossover youth; reduce promoting communication and behavior the number of youth entering care and the management with children.119 It was designed length of stay in out-of-home care; and reduce with input from African American and Latino the disproportionate representation of parents to be contextually and culturally children of color in each system. 128 The model relevant to the needs of low-income families seeks to achieve these goals through aligning of color in urban communities. 120 implemented in 25 jurisdictions across the The the vision and missions of child welfare and program content is tailored to the individual needs, interests and values of the participants. 121 juvenile justice agencies, developing practices and policies specifically related to serving For example, African American parents may dually-involved youth, improving case talk about how the stress of racism affects management services across systems, tracking their parenting, whereas Latino parents may population trends to inform decision-making, focus on the parenting impact of being cross-system training regarding the functions immigrants.122 The CPP is particularly useful and processes of each system and continuous for parents with low reading skills, as all quality improvement. 129 handouts are written at a 5th grade reading level.123 The program is typically run over the course of 11 weeks and consists of weekly group sessions, videotaped lessons, practice assignments and consistent parent evaluations. A 12th session is held as a Strengthening Families Approach The Center for the Study of Social Policy (CSSP) spent a year engaging with exemplary early care and education programs and practitioners nationwide and conducting research on the link between child abuse and neglect prevention, early care and education.130 The work of CSSP culminated in an understanding of the value of five Protective Factors in preventing or decreasing child abuse and neglect. The five Protective Factors which form the foundation of the Strengthening Families Approach include: Parental Resilience, Social Connections, Concrete Support in Times of Need, Knowledge of Parenting and Child Development and Social and Emotional Competence of Children. 131 The approach is In 2010, the District noted in its prevention based on research showing that the promotion plan that “the cost of failing to prevent child of protective factors can support a family abuse and neglect is approximately $104 environment conducive to optimal child billion annually in the U.S.”134 The average development, reduce child abuse and neglect, annual cost to the District for one youth and enhance family strengths. 132 Over 30 served in out of home care by CFSA is around states are now using the tools and strategies of $50,000 per year,iii which can include foster the approach to enhance programs working care, group homes and/or residential with children and strengthen families in child treatment.135 With a total of 1,827 youth in welfare systems. 133 foster care placements in FY11, that equates to roughly $73.1 million in total tax dollars. Considering that youth in the D.C. foster care system are often dual-involved or later in AVERAGE DAILY COST OF DYRS PROGRAMS FOR COMMITTED YOUTH New Beginnings Youth Development Center Residential Treatment Centers Therapeutic Family Homes Group Homes Independent Living Programs Extended Family Homes $761 $294 $289 $274 $232 $228 custody of the juvenile justice system, the lack of preventative services leads to further costs. In addition, in FY2011 the Department of Youth and Rehabilitative Services (DYRS) spent $55.2 million on committed services Source: Department of Youth and Rehabilitative Services, Annual Performance Report Fiscal Year 2011 (Washington, D.C.: 2012). for youth.136 There is a wide range in cost between different out-ofhome placements and this annual value averages the annual cost of all out-of-home placement options. iii AVERAGE DAILY FOSTER CARE RATES FOR 2013 Level I – Regular II – Special III – Handicapped IV – Multi-handicap Children 11 and Under $32.23 $32.87 $34.94 $41.00 Children 12 and Over $36.33 $37.62 $40.22 $47.39 Note: The above rates reflect those foster care homes recruited and trained by CFSA and do not account for contracted services. The compensation rate is based to cover basic needs of children including food, shelter, clothing and etcetera and does not account for any taxpayer costs associated to medical or mental health needs (i.e. Medicaid). Sources: Children and Family Services Agency, Foster Care Rates Effective January 1, 2013 (Washington, D.C.: 2012). Children’s Rights, “Foster Care Rates by State,” accessed February 2012. http://www.childrensrights.org/policyprojects/foster-care/hitting-the-marc-foster-care-reimbursement-rates/foster-care-rates-by-state/ Policymakers should focus on finding value being a direct monetary benefit to solutions that allow for positive life outcomes taxpayers.138 for D.C. youth while working to decrease youth involvement in CFSA and DYRS, increase cost-savings and maintain public safety. The Washington State Institute for Public Policy (WSIPP) has done numerous studies to examine the cost-savings and benefits of various programs related to child welfare and juvenile justice system involvement. Included in WSIPP’s work are two model programs mentioned in this report: Nurse Family Partnerships for LowIncome Families and the Triple P Positive Parenting Program. In their cost-benefit analysis, WSIPP found that the Triple P Positive Parenting Program had an estimated cost-benefit value of $722 per participant with $344 of that value being a direct monetary benefit to taxpayers.137 Similarly, WSIPP found significant cost savings and social benefits for the Nurse Family Partnerships for Low-Income Families (NFP) program. The estimated cost-benefit value of NFP is $13,181 per participant with $6,219 of that benefit Both NFP and Triple P Positive Parenting are designed to be intervention programs for at risk youth and families which stabilize the home environment and parenting practices so that continued and future child welfare involvement are greatly reduced or eliminated. By focusing on effective evidence based intervention strategies such as Triple P Positive Parenting and NFP, D.C. can reduce costs to the child welfare system by working to prevent CFSA involvement for youth and families. Reducing child welfare involvement – and thereby the number of youth who cross over into the juvenile justice system – produces tax savings and public safety gains. By implementing more effective preventative programming D.C. can curb long term justice system costs by helping families establish positive supportive home environments for youth, thus reducing the likelihood of future justice system involvement and related costs. 8. Prevention services are necessary to Youth involved in, or at risk of being involved in, the District’s child welfare system stand to benefit from a comprehensive, proactive and effective child welfare system. However, the success of the child welfare system is reliant upon the support of strong collateral youthserving systems, including the mental health system, education system and employment programming. The collective ability of these four systems to support the safety and wellbeing of youth has a significant impact on youth trajectories and life outcomes. The following recommendations acknowledge the interconnectedness of all youth-serving systems; are cost-effective; promote public safety; decrease justice system involvement; and increase positive life outcomes for all individuals, families and communities in the District. reducing the number of children who enter care, which is an investment that will pay off in reduced foster care, criminal justice and human costs. 2. Prioritize educational support and stability. Children involved in the child welfare system, and particularly those in out-of-home placements, are at an increased risk of experiencing poor educational outcomes. 140 Promoting school engagement among these youth has been proven to mediate the relationship between maltreatment and delinquency.141 In line with CFSA and federal policy through the Fostering Connections to Success and Increasing Adoptions Act of 2008, if a child experiences a removal or placement 1. Expand the District’s child change, efforts should be made to keep maltreatment prevention efforts. The the school the same, if at all possible.142 D.C. Government and Prevent Child This will support consistency, peer Abuse America introduced the relationships and stability for the child. District’s first city-wide child There should also be cross-system maltreatment prevention plan in 2010. communication and collaboration However, in Fiscal Year 2013, the CFSA between the child welfare system and budget cuts prevention services by $1.2 educational system. Investments in the million.139 CFSA should consider District’s education system focused on making prevention a central function combating low levels of educational by adding it as a fifth pillar to the attainment and truancy, while current Four Pillar framework. promoting early education, after-school Interventions must be culturally care and mentoring programs would relevant and available in the areas of interrupt the school-to-prison pipeline the District facing concentrated and decrease justice system spending. disadvantage, including Wards 5, 7 and 3. Enable access to timely, appropriate, culturally responsive and traumainformed mental health prevention and treatment for District youth and their families. The prevalence of mental health issues in both parents and children involved in the child welfare system warrants routine and effective screening and assessments; the availability of timely, accessible and consistent evidence-based treatment services; continuity of care across all youth-serving systems; and youth-serving professionals that In October of 2012, CFSA received a $3.2 million, five-year grant from the U.S. Department of Health and Human Services to make trauma-informed treatment central to its practice. The grant will be used to train those who work with youth involved in the District’s child welfare system, including foster parents, attorneys, social workers and other professionals. CFSA will be the first public child welfare agency to make trauma-informed treatment the foundation of its work. This is a promising development; however, the effective and sustainable implementation of the funding will be key to its impact. Source: Child and Family Services Agency, “Federal Grant Will Support Cutting Edge Treatment for Child Victims of Abuse and Neglect,“ October, 2012. http://cfsa.dc.gov/DC/CFSA/About+CFSA/News+Room/Federal+G rant+Will+Support+Cutting+Edge+Treatment+for+Child+Victims+o f+Abuse+and+Neglect. are informed in basic mental health science, terminology and resources. in employment programs, and Mental health services should be employers willing to hire youth with located in proximity to biological and previous justice system involvement, foster parent homes with hours that are will promote positive workplace accessible to working caregivers. Due experiences, earning potential, and to the disproportionate impact of positive outcomes for District youth. trauma youth in the child welfare Employment opportunities for youth system face, it is also imperative that all transitioning into independence and child welfare staff and service adulthood are particularly meaningful providers are able to identify traumatic for youth aging out of the foster care experiences and trauma-related system. symptoms in both youth and 5. Increase collaboration and caregivers, so they are empowered to communication between the child recommend trauma resources and welfare system and juvenile justice provide trauma-informed services. system. While youth in the child 4. Provide meaningful and sustainable welfare system and juvenile justice employment opportunities to youth. system possess many of the same risk Because of the strong interrelationship factors and needs, the youth involved between poverty and child welfare in both systems generally require more system involvement, creating intense services and supports than pathways to economic stability and youth involved in just one of the prosperity must be created. systems. In spite of being a high-need Implementing innovative incentives to population, crossover youth tend to be engage and sustain youth participation under-identified and underserved because of the lack of cross-systems coordination.143 The conflicting goals for low and moderate risk families and processes of the child welfare and should be prioritized so that fewer juvenile justice system can interfere children are brought into care and the with the way crossover youth are ones who do enter care receive serious served. The child welfare system often in-home supports to prevent out-of- views youth as victims in need of home placements. Differential response protection, whereas the juvenile justice has been evidenced to improve family system often focuses on the need for engagement, increase community 144 behavioral change. Crossover youth involvement, sustain child safety, and are likely in need of both, so each increase worker satisfaction in other system needs to broaden their capacity states,145 and its phased to serve the complex needs of these implementation has commenced in the youth. District. It is cautioned, however, that 6. Professionals working with children insufficient staffing and resources limit should be trauma informed. Those its implementation and effectiveness. working in the juvenile justice system Sufficient staff training, manageable should be trauma-informed and worker caseloads and the increased equipped to identify and refer mental utilization of community resources can health issues. Professionals in the child ensure the program is implemented as welfare system should screen for a intended so its expected outcomes can youth’s risk for delinquency and be achieved.146 develop targeted interventions aimed 8. Provide for each child’s long-term at delinquency prevention. Beyond the individual requirements for treatment need for collaboration between the and support while ensuring immediate child welfare system and juvenile child safety and placement needs. justice system, there is a need for While youth are in care, individualized collaboration across all systems assessments focused on child physical involved with crossover youth, and mental health and behavior should including the education, substance be continuously conducted to identify abuse and mental health systems. and respond to children’s changing There is also a need for more accurate service needs. Foster care should be and consistent reporting to identify the utilized as a temporary intervention total number of crossover youth in the and diligent efforts should be made to District (not just dual-jacketed youth achieve permanence, regardless of the with DYRS). child’s age. Efforts at permanent 7. Continue to narrow the front door placements for older youth in foster through the broader application and care should not be abandoned just implementation of differential because the youth will age out of the response. Community-based referrals system in several years. Nearly 25 percent of youth in the District’s care parents in dependency proceedings, are between the ages of 18 and 21, and concerted efforts should be made to formal transition planning can support communicate consistently with these a smooth transition out of care if they parents and support communication have not been connected to a and visits between the parent and permanent placement. youth when appropriate. 9. Part of ensuring long-term success for 11. Minimize placement disruptions in youth in care involves the provision of out-of-home care through dedicated comprehensive transitional services for efforts at identifying kinship foster youth preparing for placements and sufficient foster home emancipation and independent living. and kinship supports. There should be The establishment of long-term an increase in the utilization of pre- supports should be comprehensive and removal Family Team Meetings to include building life-long relationships support children remaining in-home with at least one caring adult, in through crisis stabilization, or to addition to planning around housing, engage, license and support placement medical care, mental health services, with relatives as the next best option. continuing education, adult life skills Kinship placements can reduce trauma development and employment. This and decrease placement disruptions if could prevent recidivism into the child out-of-home placements are necessary. welfare system, decrease cross-over D.C.’s current rate of kinship into the juvenile justice system, and placement is lower than the national promote a healthy transition into average, even though these placements adulthood. are “three times as stable as non- 10. Engage family, including fathers, kinship foster homes and four times as incarcerated parents and extended stable as group homes” and are “more family to support family functioning. likely to lead to positive permanency Many of the children that come into outcomes (reunification, adoption or care were/are living in single female- guardianship) than any other foster headed households and are lacking the care placement.”147 presence of a prominent paternal figure 12. Child welfare caseworkers should help in their lives. An awareness of the role alleviate barriers to care. Caseworkers that fathers have in the social, should work to ensure that caregivers emotional and developmental needs of receive consistent communications children should inform a specific policy about the treatment plan and goals for delineating a comprehensive approach the youth in-care, and ensure that to engaging fathers across all levels of sufficient supports can be provided to care. In addition, while there are caregivers to prevent placement barriers to involving incarcerated disruption. This may include the provision of respite care, transportation The multiple and complex assistance to and from service provider environmental factors associated with appointments, and referrals to after- child maltreatment are concentrated in school programs and service providers particular wards. It is integral that that are conveniently located and holistic supports be made available in available outside of the caregiver’s these areas that address inter-related work hours. issues and prevent child welfare 13. Economic investments should be concentrated in the wards facing system involvement. 14. Commence tracking of long-term child significant challenges through a welfare involved youth outcomes. confluence of race, poverty, crime, Currently there is no system in place unemployment, and educational which looks at long-term outcomes of disparities, particularly Wards 5, 7 and District youth with previous 8. An acknowledgement of the external involvement in the child welfare factors which compromise family system. This data could be used to safety needs to inform efforts at child identify new trends, highlight areas of maltreatment prevention both on the concern and target future policymaking and practitioner level. interventions. CHILD WELFARE SYSTEM RESPONSE TO REPORTS OF ABUSE AND NEGLECT CFSA’s Child Protective Services Administration accepts reports of suspected child abuse and/or neglect 24 hours a day, 7 days a week, through the District’s Child Abuse and Neglect Hotline, walkin reports, faxes, emails or letters.148 CPS staff review reports of suspected child abuse and/or neglect and a determination regarding the appropriate response time and pathway is made. Pathways include 1) Information & Referral, 2) Family Assessment and 3) CPS Investigation. 1. Information and Referral: CPS staff make referrals to CFSA’s community partners, including Healthy Families/Thriving Communities Collaboratives, based on a brief assessment of the needs identified by the caller.149 2. Family Assessment: An evaluation is conducted to determine a family’s strengths and needs; if there is a risk of child abuse or neglect of any child in the home; family functioning; and access to resources.150 This information is used to develop a service plan. 3. CPS Investigation: Reports that are referred for investigation are assigned one of two response times, depending on the level of danger and risk assessed. When a determination is made that there is no immediate danger or imminent risk of abuse or neglect, a 24-Hour Response Time is assigned.151 However, if it is indicated that a child is in immediate danger, an Immediate Response Time is assigned which requires that an investigation commence within two hours.152 Investigations involve face-to-face contact with the child and engagement with the family in their home to assess safety and risk factors.153 If a case requires ongoing services or further assessment, it is transferred to the In-Home and Permanency Administration, Out-of-Home and Permanency Administration or a private agency in collaboration with CFSA’s Contract Monitoring and Program Improvement Administration.154 CHILD WELFARE PLACEMENT OPTIONS IN THE DISTRICT There are a number of in-home and out-of-home placement options for children who enter the child welfare system. Current policies dictate that the least restrictive setting that meets the child’s needs be utilized, with priority given to relative and kin providers. In-Home Placement: In-home placements keep families in-tact through children remaining at home with their birth parent(s). The family is typically referred to community-based services, including Family Support Collaboratives, and receives supervision and case management from a child welfare caseworker to monitor safety and progress towards service goals. Out-of-Home Placement: Out-of-home placements are utilized when in-home placements present too much of a risk to the safety and well being of a child. They may include foster care, kinship care, therapeutic foster care, residential/group care, emergency care and/or an Alternative Planned Permanent Living Arrangement (APPLA). Kinship Care: If children must be removed from their home, kinship care is generally the preferred option as it is considered to support family preservation.155 Children are placed with relatives or close family friends (referred to as fictive kin) who must become licensed.156 In FY12, only 17 percent of District foster care youth were placed with kin.157 Foster Care: Children are placed with trained and licensed non-relative adults who provide shelter and care.158 In FY11, DC children in foster care were four times more likely to experience a placement disruption than children in kinship care.159 At the end of FY11, there were 1,827 children in foster care.160 In FY12, only 17% of the District children in foster care were placed with kin.161 Therapeutic Foster Care: A form of non-relative foster care differentiated by the level of training the foster parents undergo to support specific medical, behavioral, mental health and emotional needs of children.162 Generally there are lower limits on the number of children that can be in the home at one time and there is an increased level of support around the children in these placements. Residential/Group Care: The use of community-based group homes, residential facilities and secure facilities may be used if a child’s physical or behavioral needs require a level of structure and care that exceed the capabilities of a family-type setting.163 In FY11, children in residential/group care were five times more likely to experience a placement change than children in kinship care.164 Emergency Care: A temporary placement that may include a shelter/group facility or family setting that is utilized when a child is removed from their birth parents, but does not yet have a longer-term placement option in place.165 Utilized as a short-term intermediate option while longer-term placement options can be assessed and secured. APPLA: Generally utilized as a last resort option when there is no goal for placement with a legal, permanent family, and the primary permanency options of reunification, adoption, guardianship or legal custody have been exhausted.166 APPLA is only applicable to youth over the age of 16 and plans must include permanent placement options that meet the adolescent’s needs.167 Of the 1,827 children in foster care at the end of FY11, 455 youth were referred to APPLA placements. 168 Primary Permanency Options: The achievement of permanency is one of the central goals of the child welfare system. There are four primary options for this, including reunification, adoption, guardianship and legal custody, with reunification being the most preferred option. Reunification: Reunification is the return of children in out-of-home care to their homes with their primary caregiver(s). It is contingent upon the attainment of service goals by the primary caregiver and the most preferred permanency option for children involved in the child welfare system.169 Of the 1,827 children in foster care at the end of FY11, 32 percent (591) achieved reunification.170 Adoption: A permanency option in which either relatives or nonrelatives become the child’s primary caregiver.171 Of the 1,827 children in foster care at the end of FY11, nearly 20 percent (361) achieved adoption.172 Guardianship: If reunification is not a viable option, guardianship is a permanency option in which relatives become the primary caregivers.173 Of the 1,827 children in foster care at the end of FY11, nearly 21 percent (378) achieved guardianship.174 Legal Custody: When legal responsibility is granted to someone who makes decisions for the child and agrees to take care of the child’s shelter, education, medical and food needs.175 Of the 1,827 children in foster care at the end of FY11, 0.4 percent (eight) achieved legal custody.176 DISTRICT CHILD WELFARE REFORM TIMELINE 1989: The LaShawn A. v. Gray case, a federal class action suit brought by national advocacy organization, Children’s Rights, was brought against the District child welfare system, “alleging numerous violations of state and federal laws”.177 The suit sought comprehensive reforms that would provide the level of protection and care District youth deserved, and charged the D.C. government with “failing to comply with reasonable standards of care in almost every area of its child welfare system; jeopardizing the health and safety of thousands of abused and neglected children in its custody; and causing emotional and physical harm to children in foster care, as well as children who were not in the District’s custody, but who were the subject of inadequately addressed reports of neglect.”178 1991: Over 1,000 admissions were heard at the LaShawn A. v. Gray trial from social workers, foster parents, biological parents, psychiatrists, Defendants, and other relevant experts. United States District Court Judge Thomas F. Hogan came to the “inescapable conclusion” that “the District did not comply with federal law, District law, or the United States Constitution.”179 The verdict was appealed by the District. 1993: Judge Hogan’s decision was upheld by the U.S. Court of Appeals.180 The Center of the Study of Social Policy was appointed as the District’s Monitor and the District was court-ordered to reform 18 components of its child welfare system.181 1995: Due to a failure to satisfactorily progress towards achievement of the court-ordered reforms between 1991 and 1995, an unprecedented federal takeover of the agency occurred, removing control from the District government.182 2001: The District regained control of the agency and CFSA became a cabinet-level agency after the passage of the District of Columbia’s Child and Family Services Agency Establishment Act in 2011.183 The Court instituted a probationary period and the District agreed to implement additional child welfare reforms.184 2003: The probationary period was terminated due to the achievement of certain positive courtordered results. An Implementation Plan (IP) was negotiated and approved, which detailed specific outcomes to be achieved by December 2006.185 Outcomes included reducing caseloads, increasing health and mental health services to children and reducing the number of children in group homes.186 2006: CFSA was unable to achieve the outcomes delineated in the IP by its expiration so an Amended Implementation Plan (AIP) was approved towards continued reform efforts. 2008: In spite of a Court-appointed Monitor overseeing agency operations, performance continued to wane, prompting Children’s Rights, to file a motion of contempt.187 Children’s Rights and CFSA negotiated an order with specific requirements that CFSA was to meet. Again, CFSA was unable to comply, prompting Children’s Rights to file a renewed motion for contempt, which was granted.188 In spite of this, CFSA filed a motion for a timeline that the agency could exit court oversight, which was denied and upheld by the Court of Appeals.189 The Banita Jacks case also occurred in 2008, bringing negative public attention to the agency and dramatically increasing the number of reports of child abuse and neglect the agency received. Banita Jacks and her daughters were under CFSA oversight, during and prior to the time she murdered her four daughters in her home. The bodies were not discovered for an estimated seven to eight months, in spite of monthly visits that were supposed to have been occurring by CFSA social workers.190 2009: The Court Monitor reported that CFSA had still not complied with the requirements of the AIP, and that performance had actually “deteriorated in several vital areas since July 24, 2008,” prompting Children’s Rights to renew its motion for contempt.191 CFSA again moved for a timeline to exit court supervision.192 2010: Judge Hogan denied CFSA’s motion for a timeline to exit court supervision and issued an Implementation and Exit Plan that replaced the 2007 AIP and detailed outcomes CFSA must achieve and maintain to exit Court oversight.193 2011: CFSA appealed the IEP, but the Court of Appeals upheld Judge Hogan’s decision.194 The Court Monitor released a new report finding “significant deficiencies in the agency’s performance.”195 By year end, CFSA had achieved 44 of the 92 performance standards of the LaShawn Exit Plan.196 2012: Brenda Donald came in as the acting Executive Director on January 3, 2012, and was confirmed as the agency Director on April 17, 2012. This is her second tenure as the agency’s Director. Donald has expressed motivation to rebuild the agency still recovering from the Jacks’ tragedy and has already aggressively implemented a number of structural and programmatic reforms that show dedicated movement beyond the scope of the Court order. A Four Pillar strategic framework was initiated by Ms. Donald and has begun implementation. 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The Justice Policy Institute (JPI) would like to express gratitude to Eduardo Ferrer of D.C. Lawyers for Youth, Rebecca Brink of the Children’s Law Center and Debra Porchia-Usher, James Campbell and Mindy Good of D.C.’s Child and Family Services Agency for their insight into the operations and institutions of the District of Columbia. JPI would also like to thank Karina Watts for her significant research support. JPI staff includes Paul Ashton, Spike Bradford, Zerline Hughes, Adwoa Masozi, Melissa Neal, Kellie Shaw and Keith Wallington. Katie is a second year Master of Social Work candidate at Howard University with concentrations in Criminal Justice and Communities, Administration and Policy Practice. She completed her first year graduate field placement at Child and Family Services Agency in the In-Home and Permanency Administration between 2011 and 2012. She is currently completing her second year graduate field placement at JPI. Katie recently co-founded a nonprofit agency dedicated to individual and systemic anti-oppression work and developed and launched an after-school hip-hop and entrepreneurship program at a D.C. public high school in Ward 7. She participates in Students Against Mass Incarceration at Howard University and volunteers at East of the River Youth Court D.C., a diversion program for first time youth offenders in Wards 7 and 8. Katie received her undergraduate degree in Business Administration from the University of Washington. Prior to joining JPI, Paul spent time as a sexual assault victim advocate and conducting research examining intimate partner violence in the LGBT community. Paul’s experience with victim issues led him to author JPI’s white paper: Moving Toward a Public Safety Paradigm: A Roundtable Discussion on Victims and Criminal Justice Reform. He is also the author of Gaming the System: How the Political Strategies of Private Prison Companies Promote Ineffective Incarceration Policies. Paul has also served on the policy committee of the Delaware HIV Consortium – working to educate the Delaware State Legislature on the need for increased funding to address homelessness and HIV. Paul received his Bachelor's Degree in Criminology from The Ohio State University and a Master's Degree in Criminology from the University of Delaware. Reducing the use of incarceration and the justice system and promoting policies that improve the well‐being of all people and communities. 1012 14th Street, NW, Suite 400 Washington, DC 20005 TEL (202) 558-7974 FAX (202) 558-7978 WWW.JUSTICEPOLICY.ORG