Child welfare algorithm faces Justice Department scrutiny

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The Justice Department has been scrutinizing a controversial artificial intelligence tool used by a child protective services agency following concerns that it could result in discrimination against families with disabilities

By SALLY HO and GARANCE BURKE

Two sources said that attorneys in the Justice Department’s Civil Rights Division cited the AP investigation when urging them to submit formal complaints detailing their concerns about how the algorithm could harden bias against people with disabilities, including families with mental health issues. Supporters see algorithms as a promising way to make a strained child protective services system both more thorough and efficient, saying child welfare officials should use all tools at their disposal to make sure children aren’t maltreated. But critics worry that including data points collected largely from people who are poor can automate discrimination against families based on race, income, disabilities or other external characteristics.

“We are not aware of any concerns about the inclusion of these variables from research groups’ past evaluation or community feedback on the ,” the county said, describing previous studies and outreach regarding the tool. A child welfare investigation can result in vulnerable families receiving more support and services, but it can also lead to the removal of children for foster care and ultimately, the termination of parental rights.

The AP obtained records showing hundreds of specific variables that are used to calculate the risk scores for families who are reported to child protective services, including the public data that powers the Allegheny algorithm and similar tools deployed in child welfare systems elsewhere in the U.S.

In a keynote about a year ago, Assistant Attorney General Kristen Clarke warned that AI technologies had “serious implications for the rights of people with disabilities,” and her division more recently issued guidance to employers saying using AI tools in hiring could violate the Americans with Disabilities Act.

 

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