Along with today’s political contests across the country, voters will decide on hundreds of state and local ballot initiatives, advisory questions and referenda. Following is a rundown of some with the potential to impact the child welfare and juvenile justice systems.
NOTE: This article was updated on Nov. 13 to reflect results.
Abortion
There is rightful concern that in states where abortion is banned in post-Roe America, there will be significant consequences for state child welfare systems. Voters will weigh in on access to abortion in five states today: California, Kentucky, Michigan, Montana and Vermont.
In California, Michigan and Vermont, a constitutional right to reproductive autonomy is on the ballot. In Kentucky, voters will weigh in on a constitutional amendment that would bar the state’s constitution from creating a right to abortion.
The Montana initiative is a little more complicated. It’s a bill that requires life-saving efforts be administered to any “born-alive infant,” with vague language on what exactly that means and what efforts must be taken.
Verdict: California, Michigan and Vermont all approved a right to reproductive autonomy. The Kentucky and Montana proposals were voted down.
Marijuana
Despite the drug’s status as a Schedule I narcotic, 19 states in the country have legalized its use. While legalization has not sanctioned the possession and use of the drug for minors, it has relegated that transgression to a status offense, rather than a potential misdemeanor or felony. The Biden administration has intimated that it intends to review the drug’s schedule status.
In child welfare, marijuana continues to play a major role in decisions despite greater legal tolerance of its use. Even in some states where weed is legal, a child can still be removed because of exposure to marijuana in the womb, and parents are still subject to drug tests that screen for the presence of THC.
Legalization of recreational marijuana use will be on the ballot in five states this year: Arkansas, Maryland, Missouri, North Dakota and South Dakota.
Verdict: Arkansas and Maryland passed; Missouri, North Dakota and South Dakota voted no.
Minimum wage
Research has established a link between increases in the minimum wage and child maltreatment, or at the very least reporting of child maltreatment. Two states have significant wage hikes on the ballot: Nebraska (from $9 to $15 by 2026) and Nevada ($9.50 to $12 by 2024).
Verdict: Both states approved a raise in the minimum wage.
Local measures
There are also scores of local measures around the country to fund programs and supports that could prevent child welfare or juvenile justice involvement. In California, Oakland voters decide on establishing 13,000 low-rent units. On the Los Angeles ballot is a proposed 4% tax on sale and transfer that would help fund affordable housing and homelessness prevention. And in the state capital, Sacramento voters will choose whether to allocate 40% of marijuana tax revenue to youth development programs, a step taken in other counties already.
Verdict: All three appear likely to pass.
In New York City, voters will decide whether or not to create an Office of Racial Equity and a Commission on Racial Equity, with a mandate for the city to produce a racial equity plan every two years.
There is little doubt that the operations of the Administration for Children’s Services, which oversees child welfare and juvenile justice operations in the city, would be a regular focal point of this office and commission. The vast majority of parents investigated for abuse and neglect in the city are Black or Latino, and more than 8 in 10 youth who are arrested or who are in foster care are Black or Latino. There is also a vibrant community of legal advocates and organizers pushing to shrink or even abolish the city’s existing child welfare system.
In September, a federal civil rights commission announced an investigation into racial disparities in New York’s statewide child welfare system.
Verdict: Passed.
For a rundown on some other local measures focused on child care spending and mental health services, check out this recent blog from the Children’s Funding Project.