Document Type

Working Paper

Publication Date

4-19-2014

SSRN Discipline

*Humanities - Forthcoming Areas; LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Management Research Network; Legal Scholarship Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Private Law eJournals; Law & Society: Public Law eJournals; African-American Studies; AARN Subject Matter eJournals; Humanities Network; Anthropology & Archaeology Research Network

Abstract

In disproportionately high numbers Native American and African American children find themselves in the American foster care system Empirical data establish that these children are removed from their families at greater rates than other races and stay in foster care longer where they are often abused neglected and then severed from their families forever For the past few decades a vigorous debate has raged regarding whether these children are actually at greater risk for maltreatment if left at home or are just targets of discrimination in a hegemonic institution Although the research previously showed no racial differences in child maltreatment rates the latest Congressional study has found that African American and Native American children are at greater risk for child maltreatment than children of other races Despite the caution with which researchers have interpreted the data and implicated future policies scholars are asking whether as a society we are protecting or destroying children from these historically disempowered races Foster care laws offer little practical guidance because the overarching legal standards are too vague or not consistently applied Systems thinking however provides one useful framework for uncovering points in the foster care system where unintended bias manifests and potential leverage points to exert pressure and effect change A systems thinking approach also reveals that the foster care system's primary motivation is simply perpetuating itself accordingly to achieve meaningful reform public policy makers in the US must closely examine this billiondollar publiclyfunded bureaucracy and the racial disparities it routinely fosters

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