New law aims to curb racial disparities in child welfare system, keep families together

ST. PAUL, Minn. — A new law that passed with broad bipartisan support aims to curb the racial disparities in the child welfare system and set new standards for social services agencies to follow before removing a child from their home and placing them in foster care.

The measure finally cleared the state legislature this year after years of discussion at the capitol and effort by advocates. A work group tasked with making recommendations to lawmakers found that while African American youth make up 9% of the state population, they consist of 18% of the out-of-home placements in child protection cases. That's barely changed in 25 years.

The Minnesota African American Family Preservation and Child Welfare Disproportionality Act requires social service agencies to make "active efforts" to prevent these out-of-home placements for African American children and other kids disproportionately represented in the welfare system.

It sets new standards for when courts can terminate parental rights and orders them to place a child with a willing and able relative before foster care, among other provisions. Caseworkers paired with these families will also need to take cultural competency training.

"The majority of families that are coming into the system are involved for issues more closely related to poverty than actual abuse against their children, so they're in need of concrete services," said Kelis Houston, founder of Village Arms, a nonprofit that works with families who are impacted.

She was joined by lawmakers and other advocates at the state capitol Wednesday to celebrate the new law with a ceremonial bill signing by DFL Gov. Tim Walz.

Among those looking on was DeClara Tripp, a mother of six who knows firsthand how difficult it is to navigate the welfare system.

She told WCCO that when her son, Zhakari, was just eight months old, he grew limp and stopped breathing. She rushed him to the hospital where doctors told her he had a brain bleed, often stemming from a traumatic injury like a car accident or abuse.

She said neither of those situations happened. But ultimately, Zhakari was removed from her home and put in foster care. Tripp fought for four years to get him back, reunite him with his siblings and clear her name.

"I didn't have no education as a lawyer. I didn't have an education as a doctor, but what I did have is the love for my son. So I continued to fight for him," she said.

Houston helped push for her son's return, she explained. And she testified to legislative committees in support of the bill, sharing her story to put a face to the issue, though she described the process as "retraumatizing."

"Before in my process, I felt like I wasn't heard. Today, I felt like I'm being heard," she said.

The provisions of the law take effect in 2027, but the bill instructs the Minnesota Department of Human Services to create a phase-in for Hennepin and Ramsey counties starting next year before it triggers statewide. It requires a report detailing the outcomes.