ARTICLE SUMMARY RACIAL BIAS
An Overview of the Courts Catalyzing Change Preliminary Protective Hearing Benchcard Study Russell, J. & Summers, A. (2013). An Overview of the Courts Catalyzing Change Preliminary Protective Hearing Benchcard Study. Juvenile and Family Court Journal, 64(2), 1 - 16.
Issue
Russell and Summers highlight racial disparities in three domains of the juvenile dependency system: 1) reported abuse allegations are higher for African American children, 2) African-American children are more likely than other children to be referred to protective services and to have allegations of abuse and neglect substantiated, and 3) African-American children are more likely to be removed from their homes than children of other racial or ethnic backgrounds. Such disparities can place African American children at increased risk for harm, as research shows removing children from their families can be traumatizing and foster care experiences can be deleterious to the long-term well-being of some children. The authors note that racial bias in the child welfare system due to culturally insensitive practices and policies can lead to inequitable decision-making processes. The purpose of this study was to assess the Preliminary Protective Hearing Benchcard, which was developed by the National Council of Juvenile and Family Court Judges Model Court Program.a The goal of the Benchcard was to ameliorate disparities and negative outcomes in juvenile dependency cases by applying a racial equity lens for judicial decision making during the initial dependency hearings. The Benchcard asks judges to reflect on the decision-making process to identify and attempt to minimize institutional bias and to consider some key inquiries, analyses, and decisions relating to removal, placement, and services. The Benchcard is built around two types of inquiry: 1) an internal inquiry with a self-reflection section containing questions designed to help judges examine potential biases that may affect their decisions and 2) an external inquiry related to due process questions and information gathering from the hearing participants on salient issues that should be determined at the preliminary protective hearing.
Findings
This study reviewed 555 cases from three court jurisdictions in three states that participated in the Courts Catalyzing Change project (see Table 1). Table 1. Participants by Benchcard or Treatment-as-Usual Judicial Decision-Making PHASE
BENCHCARD USERS
CONTROL GROUP
TOTAL
Pre-Implementation
158
178
336
Post-Implementation
119
100
219
Trained researchers coded key dimensions of the following dependent variables: 1) Hearing thoroughness was coded using a standardized observation metric that rated the breadth of discussion on each case-related topic raised during preliminary court hearings. a. Benchcard implementation corresponded to an increased thoroughness of discussion and judicial inquiry. b. Judicial officers in the Benchcard group engaged parents more than judicial officers in the control group. c. The results were similar when assessing judges in the Benchcard group before and after implementation. Across the three sites, the percentage of Resource Guidelines topics discussed by Benchcard users pre-implementation was 37% compared to 76% post-implementation. d. The t-test results indicated that thoroughness of discussion, engaging parents, and pre/post differences were statistically significant at the 0.05 level.
a
Model Courts typically consist of a lead judge (or judges), who works closely with an interdisciplinary collaborative team of system stakeholders, in efforts to implement best practices and evoke systems change. More information on the NCJFCJ Model Courts can be found at http://www.ncjfcj.org/our-work/dependency-model-courts.
RACIAL BIAS: The overrepresentation of certain racial and ethnic populations in the child welfare system when compared with their representation in the general population.
2) Case outcomes were assessed for the number of children returning home based on a comparison of the same judges before and after Benchcard implementation. In one site, a significantly higher percentage of children were returned home by judicial order post-implementation of the Benchcard. No statistically significant results occurred at the two other sites. 3) Relative caregiver placement decisions made at the preliminary hearing and at the adjudication hearing were assessed by comparing the same judges before and after Benchcard implementation. Benchcard use was related to more family placements—placement with a charged parent, a non-charged parent, or a relative—at the initial hearing and even more relative placements at adjudication when compared to the same judges before Benchcard implementation. These findings were statistically significant at the 0.05 level. The analysis also included a comparison of reported allegations by race/ethnicity. The purpose was to explore signs of potential racial bias affecting a case prior to the preliminary hearing and whether a racial equity lens for judicial decision making could interrupt that earlier influence. Differences among racial groups were apparent in allegations based on those listed on the petition. In the sample, white mothers (in comparison to African-American and Hispanic mothers) entered court with 3.3 allegations compared to 2.4 for others; had more allegations of substance abuse, homelessness, and mental health issues; were less likely to face an allegation of failure to protect than other racial groups, although they were more likely to face allegations of failure to supervise or parent adequately due to substance abuse (drugs or alcohol) than were families of other racial or ethnic groups. Differences among racial groups were also apparent in allegations involving at-risk parenting due to poor mental health functioning. As with substance abuse allegations, White families were almost three times more likely to face a mental health allegation than families from other racial or ethnic groups. African American mothers came into court with fewer and less serious allegations and were more likely to have their case dismissed. Hispanic mothers were brought to court with the fewest number of allegations and the least serious allegations. Allegations of substance abuse for African American and Hispanic families were somewhat less common than for White families. Hispanic families were substantially more likely to face an allegation of failure to protect. These findings were all statistically significant at the 0.05 level.
Implications
The authors noted that Benchcard implementation differed notably across sites. Other limitations included the inability to infer causation due to unanticipated challenges with randomization and spillover or contamination effects. Nevertheless, several findings supported Benchcard use as a method to improve the dependency court preliminary hearing process and judicial decision-making. Most notably: 1) Judges participating in the Courts Catalyzing Change initiative made a commitment to explore their own personal decision making and examine the possible effects of implicit bias and structural and institutional racism. 2) When judges conduct thorough hearings they are more able to determine whether removal decisions are truly last-resort decisions. They are also more likely to identify relative caregiver resources so children can maintain their connections with family. 3) As courts aim to place more children with family and safely reunite more children with their families sooner, the Benchcard can be an important tool for system improvement. Implemented by a strong, judicially led, multidisciplinary collaborative, the Courts Catalyzing Change initiative has the potential to affect the lives of thousands of children and families by returning children home and maintaining family connections.
RACIAL BIAS: The overrepresentation of certain racial and ethnic populations in the child welfare system when compared with their representation in the general population.