In January 2027, a new Minnesota law will take effect that could significantly change how the child protection system works.
The law, the Minnesota African American Family Preservation Child Welfare Disproportionality Act (MAAFPCWDA), aims to reduce the number of children, particularly African American children who are overrepresented in the system, from being removed from their homes.
While the intent is to keep families together, some child safety advocates worry the law could unintentionally put children at greater risk by making it harder for caseworkers to place them in foster care when needed. The Center of the American Experiment recently published an article on this topic, questioning whether children will be helped or harmed by requiring “active efforts” rather than “reasonable efforts” to prevent foster care.
The new law is modeled in part after the Indian Child Welfare Act (ICWA), passed in 1978 to prevent the unnecessary removal of Native American children. However, Native American children in Minnesota still experience high rates of abuse and maltreatment, raising concerns about whether similar protections could leave some children unsafe.
Safe Passage for Children of Minnesota will be closely tracking how this law affects child safety. Everyone agrees that removing a child from their home is traumatic, but so is leaving a child in an unsafe environment. As the state raises the standard for removing children to protect family integrity, we must ensure we are not lowering the standard for keeping children safe.