Factors Associated with Positive Child Welfare Systems Change Via Class Action Litigation
The goal of child welfare systems is to ensure children’s safety, solidify permanent living options, and foster the well-being of children who have been maltreated. Despite these goals, virtually every child welfare system has been harshly criticized for the way it treats abused and neglected children. Children involved in state child welfare systems often experience multiple negative occurrences such as abuse while in care, multiple moves, and years spent waiting for permanency. The system has been so problematic for some states that lawsuits have been filed against them. To remedy these problems, system-wide policy reform has received a good deal of attention, but this approach lacks the empirical research needed to move the field forward to better serve children and families. This study answers the question: How does child welfare reform via litigation impact child welfare systems and outcomes during the case and after it has closed?
Methods
Currently, there are no empirical studies examining child welfare litigation reform and child outcomes. This exploratory study utilizes a case study design including qualitative interviews to examine four states (Alabama, New Mexico, Kansas, Utah) that have undergone child welfare reform via class action in cases that have been closed for several years. The study analyzed historical documents, court monitoring reports, and interviewed key stakeholders (N=18) to determine interventions/policy changes and their impact. Key stakeholder participants included court monitors, plaintiff and defense lawyers, child welfare directors, and community child welfare advocates that were there involved during the course of the case.
Results
Major themes that emerged were leadership, policy interventions, direct interventions, settlement agreement characteristics and litigation’s value as a method of reform. Findings indicate that litigation appears to positively impact child welfare systems during the lawsuit, but it is difficult to see how these systems changes impact outcomes. Many reforms are difficult to sustain due to their reliance on increased budgets which decline post litigation. They are also reliant on supportive leadership which is subject to frequent turnover. Litigation was viewed by study participants as effective at garnering attention for problems in the child welfare system, but at a very high cost. Decreased caseload, increased budget, and effective data collection systems were found to be instrumental at positively impacting outcomes.
Conclusions and Implications
Five main conclusions have been drawn from the findings: 1) leadership collaboration and buy- in from all workers is essential; 2) litigation eventually positively impacts outcomes, but should not be the first method attempted, should be used when the situation is dire and the child welfare department is not willing to improve; 3) consent decree must be based on principles rather than details; 4) increase in child welfare budget is necessary; however, effective use of funds is essential and; 5) unless the previously identified factors remain post litigation, improved outcomes will not persist. Increased federal involvement in monitoring and providing technical assistance should be created so that litigation is no longer needed.