Editorial: ‘Safe baby court’ bill looks to reduce time in foster care, recurrence of abuse

The (Fort Wayne) Journal Gazette

In 2021, more than 14,600 Hoosier children were in foster care and nearly a third were 3 years old or younger. All children in foster care are at risk for poor developmental outcomes, studies show, but those risks are heightened for the youngest among them.

It’s crucial state and local governments identify ways to protect children while reducing time spent in foster care, supporting families to prevent a recurrence of abuse or neglect, and helping the child welfare system overcome such challenges. The author of a proposal that cleared the Indiana House on a 94-3 vote Feb. 1 believes it will improve the lives of the state’s youngest foster children. We can see why he’s hopeful.

Columbus Republican Ryan Lauer’s House Bill 1101 would add a “safe baby court” for children 3 and younger receiving Child in Need of Services (CHINS) assistance.

“Every year, the state publishes a child fatality report due to abuse and neglect,” Lauer told The Journal Gazette. “And every year the vast majority of children deaths due to abuse and neglect are in the 0- to 5-year-old range. They are the most vulnerable population in our society.”

Indeed, the annual Report of Child Abuse & Neglect Fatalities in Indiana, published last December, reported 61 children died in 2022 as a result of abuse and/or neglect. The majority, 52 children, were 5 years old or younger.

Not only are preschool children more vulnerable to abuse and neglect, they are the least likely of all age groups to exit foster care within six months, according to the National CASA Association, which supports and promotes court-appointed volunteer advocacy for children. Developmental delays for these children are 4 to 5 times higher than their peers.

Safe baby courts have been around for years. According to Zero to Three, which helps states implement such courts, the recidivist maltreatment rate among children in safe baby court was 0.7% within a year compared with the national average of 9.1%.

Furthermore, children and families participating in safe baby courts had significantly higher reunification rates compared with a national sample, 43.7% vs. 25.6%. The median time until reunification was between nine and 10 months, six to eight months sooner than children in a comparison group.

Indiana’s reunification rate of 62% in 2021 is above the national average, Lauer said, but Hoosier children spend more time in the system compared to other states. Nationally, children wait about 730 days before they’re adopted, he said.

In Indiana, that wait is more than 1,000 days.

Although safe baby courts have different models, there are common elements they operate under, the National CASA Association said.

They are family focused with the goal being to support parents in their parenting skills, attachment with their child, and addressing trauma histories that could make it difficult for them to parent effectively. This also means expediting services to substance abuse treatment or parent-child interaction therapy.

They promote placement stability, with a philosophy that the first placement is the last placement.

And there are multiple voices present during the hearings including therapists, child care workers, family members and foster parents, all sharing a common interest and commitment to help babies and their parents succeed.

The sooner a child can exit foster care, the better their prospects, according to studies by the Department of Health and Human Services, the Stanford Social Innovation Review and others since 2015. And data shows safe baby courts assist the placement of children in a safe and permanent home more quickly.

Indiana’s youngest children in the foster care system need House Bill 1101. Given Allen County’s national reputation for innovative justice programs, a safe baby court would be an ideal fit for Allen County Superior Court. It should help prevent the recurrence of abuse and neglect and reduce children’s time in foster care — outcomes all Hoosiers want for our youngest and most vulnerable population.

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