Protective supervision: An inquiry into the relationship between child welfare and the court system

Protective Supervision, in most states, is defined in statute as an option in which the child is allowed to remain in the home of high-risk parents under the authority of the court, with supervision provided by the child protection system. Protective Supervision provides states an option to fulfill the federal mandate, as expressed in its guidance on the Child and Family Services Review, to assure that children are safely maintained in their homes whenever possible and appropriate. Nevertheless, there is a paucity of published work on this option. Further, the relationship between child protection and the judicial system, implicit in Protective Supervision, is rarely examined. In response to this dearth of information, an exploratory study was undertaken in Minnesota, funded by the Minnesota Department of Human Services. Data were derived from focus groups in every region of the state, with both child protection and judicial system participants. This study offers insights into the complicated nature of the partnership between two complex systems — child welfare and the court system. Currently, there is wide variation in how Protective Supervision is understood and practiced. However, where there is mutual respect between child welfare and the courts, Protective Supervision offers a useful tool.