Earlier this summer, in honor of Juneteenth, we posted an article about the connections between Juneteenth and Minnesota African American Family Preservation and Child Welfare Disproportionality Act. In our work the Minnesota Child Welfare Training Academy (MNCWTA) is committed to preparing child welfare professionals to support families and communities throughout the child welfare process. We are excited to be a part of the changes that this Act will bring and to continue highlighting this progress. This month, we hope to provide additional details about what the language in this act says. We look forward to continuing to follow up on this conversation in the coming months with further conversations with people involved in this work.

Purpose and Objectives

The African American Family Preservation and Child Welfare Disproportionality Act is a crucial piece of legislation aimed at addressing the disproportionate outcomes for African American and other disproportionately affected families within the child welfare system. The Act seeks to prevent the unnecessary removal of children and ensure that families receive the support and resources they need to stay together.

Starting January 1, 2025, in Ramsey and Hennepin counties, and expanding statewide by January 1, 2027, this Act mandates specific processes for child welfare cases involving African American and other overrepresented families. Key components include:

  • Active Efforts: Counties must make active efforts to prevent the removal of children and to reunify families as quickly as possible. This includes implementing safety plans and ensuring frequent visitations.
  • Removal Conditions: Strict limitations are placed on the use of emergency removals, foster care placements, and terminations of parental rights.
  • Case Reviews and Reporting: Counties are required to conduct regular case reviews, develop remediation plans when necessary, and report data on their efforts to ensure compliance with the Act.

Training Requirements

One of the cornerstone elements of the Minnesota African American Family Preservation and Child Welfare Disproportionality Act is the emphasis on cultural competency training. The Department of Human Services (DHS) and the Children’s Justice Initiative (CJI) are tasked with ensuring that all individuals working within the child welfare system, including workers, supervisors, attorneys, and judges, receive training provided by an African American individual or someone from a disproportionately affected community. This training must be completed within six months of beginning work with these families, or the individual must work under the supervision of qualified staff.

The required training components are outlined in the Act, ensuring that all child welfare professionals are equipped with the necessary skills and knowledge to support African American families effectively.

Phased Implementation

The implementation of the is phased to allow for gradual adaptation and compliance:

  • Sections 11-13: Effective July 1, 2024
  • Sections 1-10: Effective January 1, 2025, for Hennepin and Ramsey counties, and statewide by January 1, 2027

The Act mandates that counties must provide active efforts to implement safety plans and reunify families as soon as practically possible. Additionally, there are clear preferences for Transfer of Permanent Legal and Physical Custody (TPLPC) when a child cannot be returned to their parent.

Ensuring Compliance and Accountability

To ensure the successful implementation of the Minnesota African American Family Preservation and reunification, counties must:

  • Conduct regular case reviews and develop remediation plans when necessary.
  • Provide detailed annual reports on overrepresented categories based on data in the Social Services Information System (SSIS).
  • Collaborate with CJI to ensure comprehensive cultural competency training for all child welfare staff, judges, GALs, and others involved in the system.

The DHS African American Child Wellbeing Unit, established permanently under this Act, will play a crucial role in collaborating on training and supporting the implementation of best practices.

Funding and Support

The Act allocates $5 million, split between Hennepin and Ramsey counties, to support the phased implementation. Additionally, a working group will be established to monitor and report the outcomes of the phase-in program to the legislature.

Reestablishment of Parental Rights

Effective January 1, 2025, in Hennepin and Ramsey counties, and statewide by January 1, 2027, the Act modifies Chapter 260C to allow for the reestablishment of parental rights under certain conditions.

Data Disaggregation and Best Practices

Section 18 of the Act requires the development and publication of best practice guidance on maintaining connections and relationships between disproportionately affected children and their families. This includes a robust data disaggregation component to ensure that the unique needs of each family are met.

MNCWTA Progress

Over the past two weeks, and in collaboration with the University of Minnesota School of Social Work, we invited participants to several listening sessions to help inform the development of a training later this fall specific to the Minnesota African American Family Preservation and Child Welfare Disproportionality Act. This training is being developed specifically for Ramsey and Hennepin counties initially for the phase-in starting January 2025 that is focused on these two counties. Feedback collected in these sessions will be used to support the planning and curriculum being developed on this topic.

We will continue to invite child welfare workers and other community partners to be involved as we work towards next steps. DHS/DCYF and the Training Academy will continue to share updates as we learn more. We also invite you to stay tuned to this series as we interview additional people who have involvement with the act or thoughts about its intended impacts on the Child Welfare workforce.

The Minnesota African American Family Preservation and Child Welfare Disproportionality Act represents a significant step forward in addressing the disparities within the child welfare system. By implementing these rigorous standards and training requirements, we can work towards a future where all families receive the support they need to thrive. Stay tuned for more updates and detailed insights into the implementation and impact of this important legislation. For more information, you can read the full bill here.