Amid a divided House, Republicans and Democrats are collaborating to reform the extensive child welfare system in the country.

The recent passing of the Protecting America’s Children by Strengthening Families Act, with bipartisan support, marks the first significant effort in 16 years to improve the system responsible for removing around 200,000 children from their homes annually.

While this bill is a crucial step in the right direction, it falls short of addressing all the necessary changes. The most notable modification in the bill allows child welfare funds to aid struggling families with immediate necessities like housing, food, and transportation. The aim is to assist parents in meeting their children’s basic requirements instead of having them separated due to financial struggles.

This provision is vital, but it overlooks a particularly vulnerable group – incarcerated mothers and their infants.

Having substantial experience with incarcerated mothers, one as a researcher and advocate and the other as a former incarcerated mother and program director of Motherhood Beyond Bars, we launched Birth Beyond Bars in 2020. This groundbreaking study is the first to observe the development of children exposed to maternal incarceration alongside their caregivers during the critical early years of life.

When fathers are imprisoned, mothers typically continue to care for their children. However, the situation changes when mothers are incarcerated, leading to a five-fold increase in the likelihood of their children entering foster care. Even if mothers arrange for family members to look after their children, the child welfare system may hastily decide to remove them.

In some instances, removals occur with insensitivity. For instance, a woman we encountered arranged for her niece to care for her newborn, but authorities swiftly placed the child in foster care following the birth without informing the mother or the relative, causing significant distress.

It is no surprise then that our study revealed a deep-rooted distrust of child welfare authorities among this group.

The caregivers looking after children with incarcerated mothers face immense challenges. They worry about the well-being of these babies, particularly those who underwent harsh confinement conditions alongside their mothers during gestation. Additionally, the caregivers have their own issues, with over a third living in poverty, enduring health concerns, and most being grandparents.

Despite these struggles, caregivers strive to provide round-the-clock care to these newborns. While the bipartisan bill’s provisions could assist caregivers in meeting the infants’ needs, our study noted caregivers’ reluctance to engage with child welfare services out of fear of losing custody.

Many caregivers even hesitated to communicate with our researchers about their challenges. We had to reassure them that reporting issues like lack of food, utility disconnections, or housing problems would not lead to negative consequences. Without this assurance, families were hesitant to disclose their struggles and receive help.

Expanding the social safety net is the key. We call upon Congress members invested in this issue to bolster programs aiding families before the child welfare system becomes involved.

Enhancing support systems such as WIC, SNAP, and TANF, and simplifying the application processes for these benefits are crucial. Moreover, states must reform child welfare policies to distinguish between poverty-related neglect and intentional neglect, assuring parents and caregivers that seeking aid will not result in the removal of their children.

To truly strengthen families and safeguard children, especially those with incarcerated mothers, supporting families proactively before child welfare intervention is imperative.