DEPARTMENT: Social Services-Children & Family Services
FILE TYPE: Regular Information
TITLE
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Update On Minnesota African American Family Preservation And Child Welfare Disproportionality Act
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RESOLUTION
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Information only; no action requested.
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BACKGROUND
On July 1, 2024, legislation established the Minnesota African American Family Preservation and Child Welfare Disproportionality Act (Act) in MN Stat., Chapter 117 within Minn. Stat. § 260.61 to 260.693. The development of the Act is aimed to address the disproportionate representation of African American families and other overrepresented populations in the child welfare system. The Act focuses on preventing unnecessary removal of children from their families and ensuring families receive the necessary support to stay together and thrive. Implementation of the Act began in Hennepin and Ramsey counties January 1, 2025, with a plan to phase in all counties statewide January 1, 2027.
The Act is comprised of the following key provisions:
• Responsible social service agencies are required to make “active efforts” to prevent the removal of children from their families and to facilitate reunification. Safety plans are to be implemented with specific parameters to allow children to remain in their home. Active effort would also include culturally specific supports and services as well as involving the family planning and service selection.
• Social service agencies will have limitations on the use of emergency removals, foster care placements and termination of parental rights to better ensure children are not unnecessarily removed from their homes.
• Cultural competency training is mandated for case workers, supervisors, judges, guardians ad litem, and attorneys working in the child welfare system.
• Counties will be required to conduct regular case reviews, develop remediation plans when necessary, and report data on their compliance with the Act.
The purpose of the Act is to protect the best interests of African American and disproportionately represented children in the child welfare system. The intent of the Act is to develop a continuum of culturally responsive community-based programs aimed at supporting African American and disproportionately represented families without the use of placement. African American families and children are overrepresented in the child welfare system to include out-of-home placement, and therefore, efforts are required to promote the stability and security of this population and other overrepresented families to reduce this disparity.
As staff prepares for implementation of the Act in 2027, resource considerations include financial implications including increased staffing, technology improvements, need for community service providers, training for staff and system partners, and concrete supports for families. It will be important to develop strategies that fund and resource the entire child well-being community to meet the goal of the reducing racial and other disproportionalities in our systems.
2026 Legislative updates:
• Case review process has been delayed until July 1, 2027. Decision has not been made on whether the State or Counties will be responsible for conducting reviews.
• The State approved $15 million one-time allocation to counties for implementation statewide.
RECOMMENDATION
recommendation
Information only; no action requested.
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FINANCIAL AND STAFFING IMPACTS
None.
PREVIOUS BOARD ACTION
None.
ATTACHMENTS
None.
CONTACT
Department Head: Nikki Conway
Author: Lawrence Dickens