Abstract
The child welfare system, which has also been referred to as the family regulation system, was ostensibly created to protect children who are victims of abuse and neglect. When children are at risk of harm, courts can authorize governmental agencies to remove children from their families and place children in the custody of kin or a variety of other placement settings, including congregate care. Data shows alarming racial disproportionality in that 53% of Black families will be investigated for child abuse, and furthermore, Black children are more likely to be removed from their families than white children. Recent changes to both federal and state laws articulate a clear preference for courts to prioritize keeping children with family members over a placement in a non-family setting, with the least preferred option being a placement in congregate care. Yet, too many children end up being further traumatized in congregate care settings far away from family. When no family placement options are available and a child has specialized needs, the child may be placed in congregate care far from home, even across state lines. Unfortunately, too many youths are placed in these large congregate care settings and then further abused or traumatized. Children placed far from their home court jurisdiction not only have fewer visits with family members but also have less contact with people who are charged with monitoring their well-being. This article will explore the legal issues that arise when foster youth are placed in residential settings out of state.
Repository Citation
Lucy J. Johnston-Walsh,
Out of State, Out of Mind: Legal Impact of Out-of-State Placement on Foster Youth,
9
U. Pa. J. L. & Pub. Affairs
(2024).
Available at:
https://scholarship.law.upenn.edu/jlpa/vol9/iss1/3