Policy & Practice | Summer 2023

What Does the Research Evidence Suggest? Child support collections are based on the premise that govern ment agencies can recoup the costs expanded on foster care. But are increased revenues realized? Based on cost-benefit analyses conducted in four states, it’s clear that the answer is a firm “no.” The administrative costs associ ated with child support collections from “foster care cases” far outweigh the benefits by a ratio of at least 3 to 1 (OCDCSS, 2019; Skophammer, 2017). Because foster care cases are typically more complex than non–foster care cases, child support staff expend at least 50 percent more time on collec tions efforts (OCDCSS, 2019). Public administration revenue is important but impacts on families are especially critical. When children are placed in care, one of the funda mental goals of child welfare is family reunification. Rigorous research from Wisconsin shows that when mothers pay just $100 per month toward their child support obligation, the likelihood of reunifying with their child declines by almost one-fifth. Moreover, children remain in care significantly longer. On average, children whose parents make child support payments stay in care 6.6 months longer than children whose parents are not obliged to make these payments (Cancian et al., 2017). This is especially important since children’s extended stays in care can bump up against federal requirements under the Adoption and Safe Families Act (ASFA) to pursue termination of parental rights (TPR). Given that the median length of stay for children in foster care is 15 months (USDHHS, 2022), child welfare staff are compelled to consider TPR for most children with lengthy stays in care. Indeed, in at least 12 states, TPR proceedings may be justified by the nonpayment of child support obligations (Shapiro, 2023). Although the reason for these impacts on reunification has not been confirmed yet by research, it is likely due to the increased impact of poverty families experience when any their income is diverted or reduced. According to one study, more than half of parents whose children were in foster care had no employment

earnings in the year prior to their child’s placement (Cancian et al., 2017). Another study indicated that about one third of parents paying child support had annual incomes below $10,000 (Skophammer, 2017). Income loss— just when parents need a stable income the most—can result in nonpayment of rent, utilities, or other essentials, further compromising the require ments of a parent’s case plan to create a safe and stable home for their child, which is necessary for reunification to be completed and to be successful. Parents who successfully reunify with their children may still be indebted for child support arrears, thus furthering their poverty, and increasing the likelihood of future reentry to care. Child welfare agencies that enact practices that increase family economic instability at the same time that they espouse the importance of child safety may be working at cross purposes. Moreover, given that Black children are three times more likely to experience poverty (Kids Count Data Center, 2020), that Black children are disproportionately represented in foster care (USDHHS, 2022), and that they are less likely to reunify (Wulczyn, 2020), practices that increase family poverty should be scrutinized for their differential impacts on child welfare outcomes for Black families. Finally, child support obligations may thwart child welfare efforts to encourage kinship placements—a state and federal policy preference— when children require out-of-home care. Although child support enforce ment may be little known to many child welfare professionals, one author suggests that family members are keenly aware of child support requirements and that kin may reject placement of their relative child if they suspect a child support order will be required of a relative family member (Hatcher, 2009). What Can Be Done? Imposing child support obligations on child welfare–involved families contradicts several of the goals of child welfare policy and practice. It reduces the odds of family reunification, increases the likelihood of TPR, and reduces opportunities for kin to serve

as children’s caregivers. Importantly, it increases family poverty and as a result, is likely to reduce child safety. Opportunities for reform are now available given recent federal guidance, but there is significant diver sity across states in the barriers they may face in implementing reform. There is already considerable vari ability in the application of child support enforcement (Chellew et al., 2012; OCSE Table P-12, 2021). In Arizona, Florida, Nevada, New Mexico, Rhode Island, and Vermont, for example, states collected less than $10 for every child in foster care in 2019. At the opposite extreme, Alaska, New Jersey, North Dakota, Pennsylvania, and Wisconsin collected more than $400 per child in care. 1 According to a survey recently conducted by APHSA, the Child Welfare League of America (CWLA), and Casey Family Programs, about three-fourths of states will require legislation to change their practice. Some states automate referrals, requiring adjust ments to state SACWIS systems and overarching state processes and policies. The survey also identified the barriers states face in pursuing policy or practice change, the most common of which identified by respondents were policy design, addressing budget impacts, and assessing the impact to families or agencies. In spite of these challenges, some states are providing leadership in their efforts toward policy reform. Montana, for example, passed HB 227 during the 2023 legislative session, fol lowing California’s policy change in 2022. Washington reduced child support collections through changes to their administrative regulations. Other states (e.g., NC & NY) have legislation pending. In spite of the policy or administra tive challenges, reform efforts should be pursued. Child welfare admin istrators across the states are eager to identify practices that are family centered, restorative, not punitive, and equity focused. Child support enforce ment for foster care cases is anathema to all of these goals. Meg Dygert is the Senior Policy Associate for Child and Family Well Being at APHSA.

See Research Corner on page 49

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Summer 2023 Policy & Practice