Has Federal Intervention Stifled Efforts to Reform The Child Welfare System?
The past thirty years have been marked by an increased federalization of child welfare law, which, like other areas of family law, traditionally remained within the sole purview of state legislatures. Despite increased oversight by the federal government, outcomes for foster children remain unacceptably poor. The number of children in foster care has more than doubled over the past twenty-five years and reports of suspected maltreatment have skyrocketed. Children continue to stay too long in care and have too many placements. Case workers assigned to work with families and attorneys representing parents and children are overwhelmed and rarely provide meaningful assistance. State courts face pressures to move cases through a busy docket rather than spend the time needed to make informed decisions about individual children. Many child welfare systems are or have been subject to court monitoring after evidence that the systems violated the constitutional and statutory rights of families.
