St. John's Law Review

Can Science Help Soloman?: Child Maltreatment Cases and the Potential for Racial and Ethnic Bias in Decision Making

By: Sandra T. Azar and Phillip Atiba Goff

Disparities exist in the representation of racial and ethnic minorities in the child protection services (CPS) system, and they also exist with respect to how such minority groups make their way through the various procedures within the system. A closer examination of foster care placement rates, lengths of stay in foster care, use of kinship foster care, and service provisions offers evidence of these disparities. Although other explanations have been offered, biased decision making on the part of the professionals involved in both the CPS and the legal system have been suggested to potentially be at the root of the problem. To date, efforts to reduce bias have focused on explicit processes such as the use of actuarial risk assessment systems by caseworkers and the implementation of procedural and statutory safeguards on legal decision making. The latter would include the appointment of lawyers to represent parental and child interests. Recent scientific advances have shown that human judgment may also be influenced by implicit processes, not within an individual’s control or awareness.

This article documents existing evidence of racial and ethnic disparities in the CPS system. It then outlines evidence of implicit processes that can produce both changes in the transactions between professionals and parents and biases in decision making that may explain some of the disparities found in the CPS system. Finally, it considers what is currently known regarding the malleability of such implicit processes and discusses the implications of the efforts to reduce bias. 

Our society is changing in composition and the demographics of families are rapidly changing with it. Yet the demographics of professional groups that are the primary actors in social services and family court systems have not kept pace with these changes. It is predicted that decision making which is subject to the errors we have outlined here may become even more frequent as these demographic changes continue to occur. Science is needed to guide our efforts in further identifying the nature of these biases and how they operate. Related to that, guidance is also needed to change processes, inform training, and decrease the inequities that may be found within the CPS system, so as to ultimately be more effective in protecting children.