St. John's Law Review

Poor Enough to be Eligible? Child Abuse, Neglect, and the Poverty Requirement

By: Susan Vivian Mangold

This paper provides background to the debate on the relationship between poverty and the child welfare system by describing the historical and current entanglement between public assistance and federal foster care mandates and funding: you must be eligible for public assistance to be eligible for foster care maintenance payments. The paper points out the lack of analysis at the origin of the interrelationship between public assistance and foster care. The importance of federal funding for foster care through the public assistance program was minimized and buried in other public assistance amendments that elicited much greater attention and discussion. The paper also exposes the administrative and resource waste caused by the continuation of the entanglement. The paper proposes that all questions regarding welfare eligibility be eliminated from eligibility determinations for abused and neglected children and that all administrative assessments exclusively focus on the needs of the children and families in the child welfare system.