For decades, federal child welfare policy has been constructed incrementally, relying on outdated assumptions about government intervention in struggling families. Programs and resources have been designed without questioning the rigid funding structures that bind them, creating a system that has hardened over time despite mounting evidence of its failures.
Each year, more than 2 million American families face investigations by Child Protective Services. In 84 percent of cases, no abuse or neglect is substantiated, yet approximately 175,000 children enter foster care annually—a practice that research shows can cause harm and does not reduce child maltreatment fatalities. This disconnect between outcomes and policy has prompted a bipartisan coalition to call for structural change.
A Family's Ordeal
Nate Bustamente's life has been shaped by family separation. He entered foster care as a child, and later, as a parent, he and his wife were investigated by child welfare authorities. Despite working long hours to meet court-ordered requirements, his family faced a second removal and termination of parental rights. Only after months of compliance and with the help of his attorney and a family-time supervisor did a judge deny the termination petition. Reflecting on that moment, Bustamente described the relief of no longer carrying the weight of potential family loss—an experience too many families endure.
Financing as a Driver of Separation
United Family Advocates, a bipartisan group of child welfare advocates, attorneys, researchers, and nonprofit leaders, recently released a framework highlighting how federal financing mechanisms make separation the path of least resistance. The current structure functions as a $10 billion entitlement to separate families, according to the group. As policymakers debate whether existing funding adequately supports child safety and family stability, the group argues for significant reform.
The proposed framework calls for greater state flexibility to invest in community-based supports—such as housing, food, mental health services, and substance use treatment—while preserving protections for children in imminent danger. It also recommends funding for families to access resources without entering the child welfare system, and for high-quality legal representation to ensure fair processes in consequential decisions.
Rebuilding the Foundation
Federal policymakers face critical decisions about the balance between maintaining a crisis-response system and building infrastructure that prevents crises. For Bustamente, a continuum of community support could have altered his life's trajectory. His question is simple: How many more families must endure the constant fear and lost time with children that he experienced?
The current system, built brick by brick over decades, relies on separation as its primary intervention. It is time to stop reinforcing the status quo and start rebuilding a foundation that supports families before crisis leads to separation.
Joanna Lack is executive director of United Family Advocates.
