Creating a Child-Friendly Child Welfare System: Effective Early Intervention to Prevent Maltreatment and Protect Victimized Children

American child welfare systems prioritize parental autonomy over children's safety, granting constitutional protections to parents' rights while denying comparable protections to children. This article challenges family preservation policies that emphasize keeping children with biological parents through rehabilitation efforts, even when abuse is evident. Research demonstrates that children removed to foster care at early ages experience better developmental outcomes than those left with maltreating parents. The article draws on conferences addressing racial disparities in child welfare, examining whether black children are disproportionately represented in foster care due to discrimination or higher maltreatment rates. Bartholet argues that current policy underemphasizes early intervention and protection in favor of family preservation, contrary to evidence supporting proactive removal and adoption for maltreated infants. The article contends that policy should shift to prioritize child welfare over parental rights.

Topics: Family Law · Civil Rights

Keywords: family preservation · child protective services · foster care · parental rights · maltreatment · adoption · racial disparities