The Disproportionate Impact on Latino Children in Massachusetts’ Child Welfare System

Accident – Death – Obituary News : When the Department of Children and Families (DCF) removed Maritza Cruz’s two children following a physical altercation with her teenage son, she expressed her struggles in understanding caseworkers who did not speak Spanish. This language barrier made it difficult for her to navigate the DCF process. Furthermore, Cruz lost her job due to the numerous DCF-related meetings and court hearings she had to attend. Although her children were eventually returned, her 11-year-old daughter continues to suffer from trauma even six years later.

The disparities faced by Latino children, like Cruz’s, in the DCF system are alarming. According to DCF’s 2022 annual report, Latino children are 2.9 times more likely than non-Hispanic white children to have an open case with the agency and 2.5 times more likely to be removed from their homes. Despite making up only 19.4 percent of the state’s children, Latino and Hispanic children account for 33.9 percent of open cases and 32.4 percent of children placed outside their homes, including foster care, group homes, or with relatives. In fiscal 2022, DCF was involved with approximately 41,200 children, with just under 14,000 identifying as Hispanic or Latino.

Massachusetts has the highest overrepresentation of Latino children in its foster care system compared to any other state, as reported by Child Trends, a national child-focused research institution.

To address these disparities, it is crucial for DCF to provide adequate language services, employ a diverse workforce, and prioritize cultural competency training for its employees and mandated reporters. Cultural competency refers to the understanding of how cultural factors can impact parenting decisions and a child’s needs.

DCF involvement is not always negative for a child. If DCF intervenes to save a child from abuse, it is undoubtedly a positive outcome. However, the majority of DCF cases revolve around neglect, a broad category that can be challenging to define and distinguish from conditions caused by poverty. DCF involvement can also cause harm, as children experience trauma when separated from their families and may suffer even more if they are moved between multiple placements. Parents also face difficulties complying with DCF requirements, and some may avoid seeking assistance from social service agencies out of fear of losing their child. Additionally, children in foster care often experience worse educational outcomes and a higher risk of involvement with the criminal justice system.

There is no evidence to suggest that Latino children are more likely to be maltreated at home. However, it is important to note that Latino families are disproportionately affected by poverty and trauma, which increases the risk of maltreatment, according to the Office of the Child Advocate.

The problem lies not with Latino families themselves but with DCF’s ability to serve them appropriately. Language barriers and lack of cultural competency among DCF and mandated reporters contribute to over-reporting and disparities within the child welfare system. Susan Elsen, a senior child welfare staff attorney at the Massachusetts Law Reform Institute, explains that mandated reporters often report situations related to poverty or a lack of knowledge on how to assist struggling families, rather than instances of abuse or neglect. These judgment calls can be challenging for mandated reporters, who face criminal liability or professional consequences if they fail to report suspected abuse or neglect. The issue is further compounded if DCF does not adequately screen reports.

Although the Office of the Child Advocate has taken steps to address this issue by creating new training materials for mandated reporters, including a module specifically for educators, it is too early to determine their effectiveness. However, larger-scale reconsideration of the mandated reporter system has been stalled. After incidents of sexual abuse by coaches shed light on the fact that Massachusetts’ mandated reporter law excludes coaches and college officials, a commission was formed to examine the issue. Unfortunately, the commission failed to reach a consensus due to concerns about racial bias and harm to low-income families.

Once a family is involved with DCF, the agency must ensure that non-English speaking families have access to interpreters and translated documents. However, DCF has not consistently provided these services in the past. Additionally, there is a need for greater cultural knowledge among agency staff, such as understanding that Latino families may rely more on extended family or community members to care for their children. This knowledge can be gained through training and the hiring of diverse staff who can bring their expertise to inform DCF leaders. Currently, only 12 percent of DCF’s staff identify as Hispanic or Latino.

It may also be worthwhile to explore new screening methods. Nassau County, N.Y., for example, has implemented a system where child removal decisions are made by a committee of child welfare workers who are unaware of the child’s race. This approach has been adopted by other jurisdictions as well.

In a broader sense, Latino families, along with all struggling families brought to DCF’s attention, need to be connected to resources that can help them keep their families intact. If a family requires assistance with basic needs such as food, housing, clothing, or healthcare for their child, child welfare work should prioritize providing these resources.

It is essential for DCF to address the disparities faced by Latino children in the foster care system. By prioritizing language services, cultural competency training, and diversity in their workforce, DCF can ensure that all families receive fair and equitable treatment. Ultimately, the goal should be to support families in overcoming challenges and keeping their children safe at home..