State Child Welfare Policy Guide

10.3 Poverty Exemption

Children who live in extreme poverty are viewed as our nation’s most vulnerable population, due to the stresses on their families and the fragility of their living circumstances. Economic hardship is one of the key factors thought to be associated with reports of child maltreatment, and with child neglect in particular. [i]   A lthough correlational analyses suggested associations between poverty and substantiated child neglect, the conclusions of a recent report supported previous research findings that poverty alone is not a predictor of neglect. [ii]

Nevertheless, when dealing with extremely poor families who are the subject of a report of alleged child abuse or neglect, workers frequently confront two difficult and equally unappealing choices:  leave the child in apparent deprivation or remove the child and inflict the emotional trauma of separation.  While most practitioners agree that children should never be separated from their families solely due to economic deprivation, the boundaries between some forms of child neglect and poverty are difficult to establish.  Some state statutes explicitly provide for a “poverty exemption”, a provision in the child abuse and neglect statute that declares a parent’s financial inability to provide basic necessities for children does not, in of itself, constitute child neglect.  Eleven states have promulgated such laws, however only West Virginia and Wisconsin subsequently developed dedicated state funding for the purchase of concrete services. In both instances, the child welfare agency is equipped with staff, funding and community referrals to address family needs in cases that are screened out for abuse or neglect.   

Given existing mandatory reporting laws which require certain professionals to report suspected child abuse or neglect, it is important to educate mandated reporters so that they are able to distinguish between neglect and economic insufficiency in order to make appropriate reports or referrals for community services. A recent Government Accounting Office (GAO) report noted that the top three sources of reports to child protective services hotlines in 2003 were educational staff, law enforcement officials, and social services personnel, with the last two having disproportionate contact with low-income individuals. ^[iii] Training reporters could help child welfare agencies reduce inappropriate neglect referrals and redirect families to appropriate services and supports. In addition, accountability systems allow agencies to examine the number of cases or types of services provided to ameliorate family poverty.  This will give the agency the capacity to analyze and understand the relationship between poverty and allegations of child neglect, services provided and referrals or re-referrals.

Policy Options :  States can promote a poverty exemption by adopting one of the following policies (listed in increasing order of effectiveness), and authorizing and funding corresponding services:

·     Poverty exemption only

·     Poverty exemption combined with funding for concrete supports

 

·    Poverty exemption, funding for concrete supports, and training of mandated reporters to reduce "poverty-only" referrals and encourage linkages of families with appropriate resources