Cross-Systems Initiatives to Address Disproportionality

Des Moines, Iowa

Des Moines Register Wednesday, July 18, 2007

IOWA'S BLACK-WHITE PRISONER RATIO HIGHEST NATION

A national study released today ranks Iowa No. 1 in the nation in the ratio of blacks to whites in prison

Incarceration per 100,000 Population)STATE

Highest

BLACK –TO-WHITE RATIO

Wisconsin

Connecticut

New Jersey

Vermont

Iowa 13.6

12.5

12.4

12.0

10.6

Disciplinary Action by Race (2004-2005 School Year)

State Black White Hispanic

Nation 2.2 0.7 1.0

Alabama 1.8 0.6 0.4

Georgia 1.7 0.5 0.6

Illinois 2.3 0.6 0.9

Iowa 4.4 1.0 0.8

““INJUSTICE INJUSTICE ANYWHERE IS A ANYWHERE IS A

THREAT TO JUSTICE THREAT TO JUSTICE EVERYWHEREEVERYWHERE””

- Dr. Martin Luther King, Jr.- Dr. Martin Luther King, Jr.

Extreme Disproportion (Robert Hill; Overrepresentation of Children of Color in Foster Care in 2000. Working Paper – 03/05)14) New Mexico 3.74

13) Iowa 3.76

6) Oregon 4 .38

5) Wyoming 4.53

4) Minnesota 4.77

3) Idaho 4.84

2) New Hampshire 4.93

1) Wisconsin 5.48

Over-Representation Rate

Disproportionality Rate (DRI) comparison of a groups representation in the system compared to the same groups representation in the general population.

populationTotal

populationBlack

reChildWelfainTotal

reChildWelfainBlack

IONALITYDISPROPORT black

_

_

__

__

Phase 1. Identification

• Answer the questions:

– Does DMC exist?

– If so, where on the juvenile justice continuum?

– And with what minority population?

– To what extent?

2-1

Relative Rate Index (RRI) (Most Frequently Used Formula)

Relative Rate Index =

minority rate / white rate

2-4

Relative Rate Index Formula When Compared With Another Minority Rate

Relative Rate Index =

minority rate / another minority rate

2-5

Juvenile Justice System (JJS) Contact Points

Arrest(Law Enforcement

referral)2

J uvenile CourtReferrals

3

Diverted from system -(alternative handling)

4

Petition Filed(Charged)

6

Transfer / waiver toAdult Court

10

Found Delinquent(Guilty)

7

ProbationSupervision

8

Secure Confinement9

Detention5

OtherReferralSource

Y outh Population1

1-25

Four Steps of Interpreting and Analyzing RRI Values to Drive Decision-Making

Step 1. Statistical significance

Step 2. Magnitude of RRI

Step 3. Volume of activity

Step 4. Comparison with other jurisdictions

2-26

Data—Anywhere County

Black or African-American

Hispanic or Latino Asian

Native Hawaiian/ Pacific Islander

American Indian or Alaska Native

Other/ Mixed

All Minorities

2. Juvenile Arrests 2.85 NA 0.47 NA 2.54 ** 1.02

3. Referrals to Juvenile Court 1.33 NA 1.55 NA 1.10 ** 1.63

4. Cases Diverted 0.74 0.89 0.90 NA 0.66 0.85 0.79

5. Cases Involving Secure Detention 1.57 1.19 0.96 NA 1.65 0.92 1.39

6. Cases Petitioned (Charge Filed) 1.30 1.12 0.90 NA 1.41 0.52 1.19

7. Cases Resulting in Delinquent Findings 0.99 0.93 1.09 NA 1.05 ** 1.00

8. Cases Resulting in Probation Placement 0.84 0.89 1.03 NA 0.67 ** 0.87

9. Cases Resulting in Confinement in Secure Juvenile Correctional Facilities 1.41 1.47 1.38 NA 1.13 ** 1.40

10. Cases Transferred to Adult Court 2.85 ** ** NA ** ** 2.09

Group meets 1 percent threshold Yes Yes Yes No Yes Yes

KeyStatistically significant results: Bold fontResults that are not statistically significant Regular fontGroup is less than 1 percent of the youth population NoInsufficient number of cases for analysis **Missing data or data not available NA

*Data submitted in 2006

Anywhere CountyRRI by Race and Contact Point*

2-28

18

Institutional RacismAny practice that has

disproportionate results

-Bojko

Racial Equity Scorecard Polk County - 2002

Rate per Thousand and Disparity Rate Indices by Race for Child Placements in Out-of-Home Care in Polk County for 20021

Race/Ethnicity

EstimatedPopulation(0-17yrs)2

Number of Children in 1st Placement inOut of Home Care (unduplicated)

Rate per Thousand3

Likelihood of Placement4

Disparity Ratein comparison to White

representation5

Native American 347 (.4%) 0 (0%) 0 0 0

Asian 3,412 (3.4%) 0 (0%) 0 0 0

Black 7,432 (7.5%) 22 (27.8%) 3.0 1 in 45 5:1

White 80,563 (81.2%) 48 (60.8%) .6 1 in 21 1:1

Hispanic6 7,557 (7.6%) 9 (11.4%) 1.2 1 in 111 2:1

All Children 99,311 (100%) 79 (100%) .8 1 in 13 --

1Child Welfare Data obtained from Iowa Department of Human Services September 4, 2005.2Population Estimates for January 1 – December 31, 2002, obtained for children 0-17 years of age in Polk County, Iowa, from the

OJJDP Easy Access to Juvenile Profiles @ http://ojjdp.ncjrs.gov/ojstatbb/ezapop/default.asp 3Rate per thousand refers to the rate of children in care (by race) compared to 1000 children (of the same race) in the general

population.41 in how many children identified in a racial/ethnic group were in out of home care in Polk Co. in CY2002.5The Disparity rate or RRI (Relative Rate Index) is a means of comparing the levels of representation across racial groups. It is

calculated by taking the rate per thousand of a race/ethnicity over that of another. For purposes of this table, all comparisons (denominators) are to the White rate per thousand.

6Hispanic data is gathered as ethnicity data. All other counts are measured as race counts. If a child is identified as Hispanic they will not appear in race counts. The result is an unduplicated count.

Racial Equity Scorecard Polk County - 2004

Rate per Thousand and Disparity Rate Indices by Race for Child Placements in Out-of-Home Care in Polk County for 20041

Race/Ethnicity

EstimatedPopulation(0-17yrs)2

Number of Children in 1st Placement inOut of Home Care (unduplicated)

Rate per Thousand3

Likelihood of Placement4

Disparity Ratein comparison to White

representation5

Native American 409 (.4%) 0 (0%) 0 0 0

Asian 3,584 (3.5%) 1 (.7%) .3 1 in 1000 .2:1

Black 7,749 (7.6%) 21 (14.7%) 2.7 1 in 48 2.1:1

White 81, 570 (80.0%) 109 (76.2%) 1.3 1 in 9 1:1

Hispanic6 8,621 (8.5%) 12 (8.4%) 1.4 1 in 83 1.1:1

All Children 101,933 (100%) 143 (100%) 1.4 1 in 7 --

1Child Welfare Data obtained from Iowa Department of Human Services September 4, 2005.2Population Estimates for January 1 – December 31, 2004, obtained for children 0-17 years of age in Polk County, Iowa, from the

OJJDP Easy Access to Juvenile Profiles @ http://ojjdp.ncjrs.gov/ojstatbb/ezapop/default.asp 3Rate per thousand refers to the rate of children in care (by race) compared to 1000 children (of the same race) in the general

population.41 in how many children in a racial/ethnic group were in out of home care in Polk Co. in CY2004.5The Disparity rate or RRI (Relative Rate Index) is a means of comparing the levels of representation across racial groups. It is

calculated by taking the rate per thousand of a race/ethnicity over that of another. For purposes of this table, all comparisons (denominators) are to the White rate per thousand.

6Hispanic data is gathered as ethnicity data. All other counts are measured as race counts. If a child is identified as Hispanic they will not appear in race counts. The result is an unduplicated count.

22

Woodbury County Basic Scorecard FY 06Disproportionality Rate, Rate per Thousand and Disparity Ratio Indices by Race Disproportionality Rate, Rate per Thousand and Disparity Ratio Indices by Race

for Children in Carefor Children in Care

Race/Race/EthnicityEthnicity

Estimated Estimated Population Population

(0-17yrs)(0-17yrs)

Number in Number in

Out of Out of Home CareHome Care

DisproportionDisproportionality Rateality Rate

Rate Rate Per Per

ThousaThousandnd

Disparity Disparity

RatioRatio(compared to (compared to

white)white)

American American Indian/ Native Indian/ Native

AlaskanAlaskan

752 (2.8%)752 (2.8%) 111 (15.4%)111 (15.4%) 5.55.5 148148 77

Asian/PIAsian/PI 792 (2.9%)792 (2.9%) 11 (1.5%)11 (1.5%) 0.50.5 1414 <1<1

BlackBlack 1219 (4.5%)1219 (4.5%) 64 (8.9%) 64 (8.9%) 22 5353 22

WhiteWhite 19,696 (72.8%)19,696 (72.8%) 440 (60.9%)440 (60.9%) 0.80.8 2222 11

All ChildrenAll Children 27,090 (100%)27,090 (100%) 723 (100%)723 (100%)

HispanicHispanic 4,631 (17.1%)4,631 (17.1%) 13 (1.8%)13 (1.8%) 0.10.1 33 < 1< 1

State Efforts to Address Disproportionality In CW & JJ

• DMC Committee developed - 2000• JJAC allocates funds through decat• DMC Resource Center at University of Iowa –

SSW, National Center for Family Centered Practice, 2002

• Child Welfare Better Results for Kids Redesign includes focus on disproportionality - 2003

• Minority Youth and Families Initiative (MYFI) - 2003

Joint CW/JJ Efforts to Address Disproportionality

• Expansion of DMC Resource Center to include child welfare as well as juvenile justice (2004)– Technical assistance to and evaluation of local sites– Analysis of key decision points– Annual state DMC Conference focused on juvenile justice, child

welfare, education and public health (2004 – 2007)

• Child Welfare & Juvenile Justice data provided to local groups (2004)

• Joint CW/JJ discussions around risk assessment, wraparound alternatives and disproportionality, evidence based practice

• Sioux City MYFI project & DMC efforts

Renewed Leadership around CW, JJ and Disproportionality

• Governor’s Office– Executive Order establishing Youth Race & Detention

Task Force– Remarks at 6th Annual conference, “Linking CW, JJ,

Education & Health to Reduce Racial Disparities”

• Supreme Court– Chief Justice “Children’s Justice Initiative” focusing on

both CW & JJ

• Legislature– Considering legislation that would require grants to

include minority impact statement

Lessons Learned• Programs and training alone will not “fix”

disproportionality & disparity; progress requires strategies at multiple levels – including leadership at all levels, policy & practice changes, changes in organizational culture, & on-going monitoring, as well as implementing programs & training

• Education and mental health critical partners in CW/JJ collaborations to address disproportionality & disparity

• Partnering with the community is also critical to address disproportionality & disparity

MYFI Long Term Goal:Reduce the number of out of home placements for children

Key services include:

Facilitating family team meetings,

Providing community outreach promoting Family Team Decision Making within the African American community to engage informal and community-based resources & supports

…Key Services

• Community-based services that are individualized

• Built on strengths

• Meet the needs of children and families across life domains to promote success, safety and permanence in the home, school and community

A View From The BenchA View From The Bench

One judge’s thoughts onOne judge’s thoughts on

Disparate treatment andDisparate treatment and

Disproportionate outcomes forDisproportionate outcomes for

Children of color in courtChildren of color in court

When the architects of our republic wrote the When the architects of our republic wrote the magnificent words of the Constitution and Declaration of magnificent words of the Constitution and Declaration of Independence, they were signing a promissory note to which Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be all men, yes, black men as well as white men, would be guaranteed the unalienable rights of life, liberty and the guaranteed the unalienable rights of life, liberty and the pursuit of happiness.pursuit of happiness.

It is obvious today that America has defaulted on this It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check America has given the Negro people a bad check, a check which has come back marked “insufficient funds.” But we which has come back marked “insufficient funds.” But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation.vaults of opportunity of this nation.

Martin Luther King August 1963Martin Luther King August 1963

Undoing RacismUndoing Racism

The People’s Institute for Survival and The People’s Institute for Survival and BeyondBeyond

Participation opened this judge’s eyes Participation opened this judge’s eyes to a view of history and culture to a view of history and culture previously unknownpreviously unknown

Segregation looks like this

Segregation does existSegregation does exist

By income patternsBy income patterns By housing patternsBy housing patterns By education patternsBy education patterns By cultural patternsBy cultural patterns

Racism looks like this

Racism does existRacism does exist

It’s not about individual racismIt’s not about individual racism

It’s about the institutions we It’s about the institutions we encounterencounter

It’s about the structures we are a It’s about the structures we are a part ofpart of

The Civil and Voting Rights Acts fixed it

But it didn’tBut it didn’t

Forty five years later we are still Forty five years later we are still having these discussionshaving these discussions

The paper we’re here about today The paper we’re here about today shows modest improvement in some shows modest improvement in some areasareas

Continued work heightens awarenessContinued work heightens awareness

A variety of effortsA variety of effortsare under way inare under way in

Des Moines, Iowa.Des Moines, Iowa.These efforts are intended toThese efforts are intended toadvance the work needed toadvance the work needed toaddress the dual problems ofaddress the dual problems of

disparate treatment and disparate treatment and disproportionate outcomes.disproportionate outcomes.

Community Partnership forCommunity Partnership forProtecting ChildrenProtecting Children

Monthly meetingsMonthly meetings Cross sectional participationCross sectional participation Motivated by non-governmental Motivated by non-governmental

agenciesagencies Undoing Racism trainingUndoing Racism training

Parent PartnersParent Partners

Parents helping parentsParents helping parents Under auspices of the Visiting Nurse Under auspices of the Visiting Nurse

Assn.Assn. Parents who successfully closed their Parents who successfully closed their

child welfare cases helping parents child welfare cases helping parents newly in the systemnewly in the system

Family Team MeetingsFamily Team Meetings

Implemented by DHSImplemented by DHS Conceived to create community Conceived to create community

supportsupport Particularly helpful for families of Particularly helpful for families of

color who are suspicious of the color who are suspicious of the systemsystem

Iowa Children’s Justice InitiativeIowa Children’s Justice Initiative

One family – one judgeOne family – one judge Review of quality of representationReview of quality of representation Attorney surveysAttorney surveys Attorney trainingAttorney training

Governor's Youth Race and Governor's Youth Race and Detention Task ForceDetention Task Force

Study disparate treatment and its Study disparate treatment and its relationship to disproportionate relationship to disproportionate detention ratesdetention rates

Involve gatekeepersInvolve gatekeepers Educate those involved with the Educate those involved with the

juvenile justice systemjuvenile justice system Explore relationship between juvenile Explore relationship between juvenile

justice and child welfarejustice and child welfare

Model CourtModel Court

One of three Model Court goals seeks One of three Model Court goals seeks to address disparate treatment and to address disparate treatment and disproportionate outcomesdisproportionate outcomes

Polk County Model Court SitePolk County Model Court Site Broad base involvementBroad base involvement Includes members of the education, Includes members of the education,

health, legal and provider agencieshealth, legal and provider agencies

ConcernsConcerns

There are no cookie cuttersThere are no cookie cutters It’s uncomfortable workIt’s uncomfortable work Educate agenciesEducate agencies Educate the judiciaryEducate the judiciary Partner with the communityPartner with the community Don’t give up – this cannot be the Don’t give up – this cannot be the

“flavor of the week”“flavor of the week” They are all our children tooThey are all our children too

Progress & PromiseProgress & Promise

Recognition of the problem for what Recognition of the problem for what it is – not making excusesit is – not making excuses

Commitment of the professionals Commitment of the professionals involvedinvolved

Community involvementCommunity involvement Willingness to changeWillingness to change Downward trendsDownward trends