For far too long, the practices of the Minnesota child welfare system have inflicted disproportionate harm on Black families. Shockingly, Black children are twice as likely to be removed from their homes compared to their white counterparts despite constituting only 17% of investigations and 11% of the overall child population. It is imperative that we address these systemic injustices. The African American Family Preservation Act represents a crucial step towards rectifying these long-standing disparities and biases within the child welfare system.
The Minnesota 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. Among the purposes of the law are to “protect the best interests of African American and disproportionately represented children” and to “prevent arbitrary and unnecessary removal” of such children.
At Families Rising, our mission is to amplify those with lived experience, assist adoptive, foster, and kinship parents, educate child welfare professionals, and champion the well-being of children and families.
Historical Context and Legislative Efforts
In 1983, the Minnesota Legislature became the first legislative body in the country to adopt specific statutory language to clarify adoption and foster care policy on the placement of minority children. Commonly referred to as the Minority Child Heritage Protection Act or the Minority Child Heritage Preservation Act, the law established an order of preference for placement of minority children. Relatives were given priority, followed by adults who shared the same racial or ethnic heritage as the child.
Changes to the original 1983 legislation had been relatively minor until the 1991 decision in the Minnesota "Baby D" case (In the Matter of the Welfare of D.L., 479 N.W.2d 408) which was affirmed by the court in 1992 (In the Matter of the Welfare of D.L., 486 N.W.2d 375). Public outcry over this decision led to re-examination of the law during the 1992 and 1993 legislative sessions. The issue proved quite contentious but the result was a loosening of the law.
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The United States Congress passed the Multiethnic Placement Act in October 1994 (P.L. 103-382, section 551/H.R. 6, section 551). This legislation limited the ability of states to base adoption or foster care placement of children on race or ethnicity. In 1996, the Minnesota Legislature further amended the Minnesota Minority Child Heritage Protection Act to bring it into compliance with these federal standards (Laws of Minnesota 1996, chapter 416). Congress amended the Multiethnic Placement Act with the Interethnic Placement Provisions in the Small Business Job Protection Act of 1996 (P.L. 104-188, section 1808/H.R. 3448). These changes strengthened the prohibitions related to the use of race or ethnicity as a basis for adoption or foster care placement. As a result, Minnesota's laws were once again out of compliance with federal law and had to be amended (Laws of Minnesota 1997, chapter 86).
After various proposals to establish a Minnesota African American Family Preservation Act (e.g. HF3973/SF3779 (2018), HF1151/SF843 (2021), etc.), the Legislature passed the Minnesota African American Family Preservation and Child Welfare Disproportionality Act in 2024 (Laws of Minnesota 2024, chapter 117).
On May 21, 2024, Minnesota Governor Tim Walz approved SF 716, the “Minnesota African American Family Preservation and Child Welfare Disproportionality Act,” Minn. Stat.
Key Objectives and Provisions
The Act seeks to prevent the unnecessary removal of children and ensure that families receive the support and resources they need to stay together. Improving outcomes: Research demonstrates that children who can remain with their families when safe tend to have better long-term outcomes compared to those placed in foster care. Reducing disparities: African American children are significantly overrepresented in the child welfare system compared to their population.
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:
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- 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. The Act imposes a duty on social services agencies to “make active efforts to prevent the out-of-home placement of an African American or a disproportionately represented child.”
- Removal Conditions: Strict limitations are placed on the use of emergency removals, foster care placements, and terminations of parental rights. It also prohibits out-of-home placement “[u]nless the court finds by clear and convincing evidence that the child would be at risk of serious emotional damage or serious physical damage if the child were to remain…”
- 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.
Minnesota Statutes, Chapter 117 contains several provisions that support greater protections for African American children and children who are overrepresented in Minnesota’s child welfare system, including the Minnesota African American Family Preservation and Child Welfare Disproportionality Act. Minnesota Statutes, Chapter 117 establishes the Minnesota African American Family Preservation and Child Welfare Disproportionality Act within Minn. Stat. §§ 260.61 to 260.693.
Mandating responsible social service agency case reviews and annual summary reports beginning Oct. 1, 2029 (except for Hennepin and Ramsey Counties, which must provide reports beginning Jan. 1, 2026), with outcomes based on guidance from the commissioner (required by Nov.
As to the Child Well-Being Unit, it will be tasked with a variety of responsibilities, including “assist[ing] with the development of African American cultural competency training and review[ing] child welfare curriculum … to ensure that responsible social services agency staff and other child welfare professionals are appropriately prepared to engage with African American children and their families and to support family preservation and reunification”.
Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota 9.20 Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American or a disproportionately represented child who is subject to an emergency hearing under this section and Minnesota Rules of Juvenile Protection Procedure, rule 30, has a right to counsel appointed by the court.
The Family Reunification Act, which allows parents and county attorneys to file petitions to reestablish parental rights of children under guardianship of the commissioner under certain conditions, was amended to allow children ages 10 or older, responsible social service agencies and guardians ad litem to also be able to file these petitions. Additionally, the length of time a child must have been in foster care following a termination of parental rights court order for a reestablishment petition to be filed was reduced from 48 months to 24 months. These modifications are effective Jan. 1, 2025, for Hennepin and Ramsey Counties and statewide by Jan.
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By Jan. 1, 2027, DCYF is required to disaggregate data to monitor child welfare outcomes across various categories including race, ethnicity, culture, low-income socioeconomic status, and disability status.
By Jan. DCYF is required to develop, maintain, and administer a publicly accessible online compliance and feedback portal that covers the Act and other child maltreatment, safety, and placement statutes. This must be in effect for Hennepin and Ramsey Counties by Jan. 1, 2025, and statewide by Jan.
Phase-in program launched
Implementation of the Minnesota African American Family Preservation and Child Welfare Disproportionality Act began with the launch, on Jan. 1, 2025, of a phase-in program in Hennepin and Ramsey Counties. DCYF is required to establish a phase-in program where, prior to statewide implementation of the Act and provisions related to reestablishment of parental rights modifications, data disaggregation and the compliance portal, Hennepin and Ramsey Counties will implement them first, beginning Jan. 1, 2025.
The counties are developing ways to implement provisions of the act related to reestablishment of parental rights modifications, and data disaggregation. One-time funding of $5 million in fiscal year 2025 is appropriated to support Hennepin and Ramsey Counties’ implementation needs, to be split equally between the two counties. Funding is available until June 30, 2026. While other counties may also participate in the phase-in program, available funding is limited to Hennepin and Ramsey Counties.
Effective July 1, 2024, DCYF must consult with counties and the phase-in program working group to develop a system to review county compliance with the Act. A working group of county and community organizations is established to provide implementation guidance and oversight, including cost monitoring and forecasting, recommend statutory or policy changes necessary for implementation, and develop a state-wide implementation and best practices plan.
By Jan. 1, 2027, DCYF is required to disaggregate data to monitor child welfare outcomes across various categories including race, ethnicity, culture, low-income socioeconomic status, and disability status. Counties shall review all child welfare cases for children to whom MAAFPCWDA applies and produce a report detailing outcome trends of disproportionally represented children.
Cultural Competency and Training
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.
The Role of Kinship Care
Kinship care must be sought more frequently and be a top priority for Black and Native families and other communities in the child welfare system that have been historically disenfranchised, ripped apart, and devalued throughout American history. Supporting kinship care is a protective factor for children and communities, allows families to feel a sense of belonging and identity, and allows communities to carry on traditions and preserve their histories.
The use of kinship has increased in the United States child welfare system; however, it is not yet pursued with the same urgency and at the scale necessary to meet the needs of children and their families. This is so even when the research is clear that placement with kin shows increased rates of stability and permanency for children.
Kinship care has historically been used in communities of color to care for children and family members. For decades, many communities developed and used extended family and community members in the upbringing of children and still do today. This informal “kinship” care has been a strength for many cultures, including communities of color, throughout history.
For Black families, child rearing by relatives has been a long-standing tradition and protective factor that was especially beneficial for Black families during slavery and often elderly relatives cared for children whose parents were sold into slavery. This method of informal “kinship” continues to exist within the Black community, and before the 1980’s many Black children were cared for by kin outside of the child welfare system.
Ensuring that Black and Native children remain within their family of origin, including fictive kin, can provide long term positive effects, as kinship ensures children continue to maintain strong bonds with other family members, like siblings, and grandparents. Racial equity is promoted by ensuring these families have the support necessary to continue these bonds. It upholds the preservation of Black and Native American culture and allows families to continue their spiritual and cultural traditions, while maintaining and building their communities, and strengthening and repairing family bonds that may have otherwise been broken by system involvement.
Zealously pursuing kinship care in policy and practice is a key strategy for promoting racial equity and family reunification in the child welfare system. To do this we must value families of color and when children first enter care, identify kin and/or fictive kin for children and youth, and continue this throughout a youth’s time in care. Children must be actively involved in this process, and we must also utilize tools like mining a youth’s case file, and family finding technology to identify family who can provide permanent housing and family who can provide other emotional support and resources.
Impact and Future Directions
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.
