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Cardozo Journal of Equal Rights & Social Justice

Abstract

The failure of family preservation programs in the child welfare system stems from structural and legal shortcomings, including inadequate funding, unclear guidelines, and insufficient oversight. These issues, compounded by the Supreme Court's Suter v. Artist M. decision, which undermined the enforceability of the "reasonable efforts" standard, have led to inconsistent implementation and reduced accountability. To address these challenges, the article advocates for reforms such as aligning funding incentives with family preservation goals, establishing clear program standards, and distinguishing between neglect caused by poverty and other forms of maltreatment. By implementing these changes, the child welfare system can better support families and reduce unnecessary foster care placements.

Disciplines

Law | Legislation | Social Welfare Law

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