Foster Care

Federal law prohibits consideration of race in making decisions about where to place children in foster care. As a result, caseworkers have had to set aside their personal views, which in many cases hold that eliminating race as a factor will lead to placements that are not in the best interests of children. GAO found lingering confusion among state and local officials and caseworkers about allowable actions under the law. GAO notes that all levels of government face three significant challenges in changing placement practices. First, agencies need to continue changing long-standing social work practices, such as the beliefs of some officials and caseworkers that the interests of children are best served when race is considered. Second, agencies need to translate legal principles into practical advice for caseworkers. Although officials and caseworkers GAO spoke with understood that the law prohibits them from delaying or denying placement on the basis of race, they also voiced confusion about allowable actions under the law. Third, agencies need to develop information systems to monitor compliance with restrictions on race in placement decisions. This testimony summarizes the September 1998 report, GAO/HEHS-98-204.

GAO noted that: (1) HHS and the state of California initiated a variety of efforts to inform agencies and caseworkers about the Multiethnic Placement Act of 1994; (2) HHS issued guidance to the states and began a range of technical assistance efforts, including training for state officials and efforts to ensure that state laws were consistent with the act; (3) these actions were a joint effort of HHS' Children's Bureau and the Office for Civil Rights; (4) the state revised its state law and adoption regulations and collaborated with county child welfare officials to develop a strategy to implement the act; (5) the two California counties GAO reviewed trained their caseworkers on the provisions of the act; (6) in contrast, when implementing the 1996 amendment, HHS and the state of California were slower to take action and provided less help; (7) as a consequence, HHS has done little to address casework practice issues--a step necessary for successful implementation--and the state has yet to make formal changes; and (8) all levels of government face three significant challenges in changing placement practices: (a) agencies need to continue changing long-standing social work practices; (b) agencies need to translate legal principles into practical advice for caseworkers; and (c) agencies need to develop information systems to monitor compliance with the amended act's restrictions in race in placement decisions.