It is the latest fad in child welfare: Use a computer
algorithm that supposedly can predict who will abuse a child. The term commonly
used in the field is “predictive analytics.” A more accurate term would be “computerized
racial profiling.”
Child welfare is not the only field to embrace predictive
analytics. It’s already in use – and proven to be racially biased – in law
enforcement, for example. A few members of the New York City Council, including
the chair of the council’s Technology Committee, James Vacca, see
the danger. They’ve introduced
legislation that would, at least, bring a small measure of transparency to
how the city uses predictive analytics. Columbia
Journalism Review reports that
the committee’s hearing on the bill this week was among the best attended in
recent history.
The bill comes just in time.
The former head of the city’s child welfare agency, Gladys Carrion,
expressed doubts about predictive analytics. But she “retired” as Commissioner
of New York’s Administration for Children’s Services under pressure after a
high-profile child fatality. Her replacement, David Hansell, gives every
indication of embracing
this new and dangerous fad. That is likely to make worse everything The New York Times found in its recent story about foster care as the new Jane Crow.
The dangers of computerized racial profiling
If predictive analytics worked as well as proponents say it
does, Hillary Clinton would be president.
Remember how the predictive analytics algorithms said she would be president? |
But, as
a Times analysis (published after
the election) points out, there is reason for concern about predictive analytics
that goes far beyond that one “yuuuge” failure. And those concerns should
extend to child welfare.
● ProPublica
reports that predictive analytics already has gone terribly wrong in criminal
justice, falsely flagging Black defendants as future criminals and
underestimating risk if the defendant is white.
A new
analysis of ProPublica’s data confirmed their findings.
●In child welfare, a New Zealand experiment in predictive
analytics touted as a great success wrongly
predicted child abuse more than half the time.
● In Los Angeles County, another experiment was hailed as a
huge success in spite of a “false positive” rate of more
than 95 percent. And that experiment
was conducted by the private, for-profit software company that wanted to sell
its wares to the county.
● The same company
is developing a new approach in Florida. This one targets poor people. It
compares birth records to three other databases: child welfare system
involvement, public assistance and “mothers who had been involved in the
state’s home visiting program.”
So listen-up
“at-risk” new mothers: In the world of predictive analytics, the fact that you
reached out for help when you needed it and accepted assistance on how to be
better parents isn’t a sign of strength – it’s a reason to consider you
suspect, and make it more likely that your children will be taken away.
Philip Browning |
None of this has curbed the enthusiasm of predictive
analytics fans. Indeed, Hansell has brought in as a consultant a key backer of
the L.A. experiment, the head of the Los Angeles County child welfare agency at
the time, Philip Browning.
The campaign for predictive analytics is led largely, though
not exclusively, by the field’s worst extremists – those who have been most
fanatical about advocating a massive increase in the number of children torn
from everyone they know and love and consigned to the chaos of foster care –
and also by those most deeply “in denial” when it comes to the problem of
racial bias in child welfare.
Some predictive analytics boosters have even argued that
“prenatal risk assessments could be used to identify children at risk of
maltreatment while still in the womb.” Though these researchers argue that such
targeting should be used in order to provide help to the mothers, that’s not
how child welfare works in the real world.
“Yes,
it’s Big Brother,” said another predictive analytics enthusiast. “But we
have to have our eyes open to the potential of this model.”
The real potential of this model was aptly
summed up by Yung-Mi Lee, a supervising attorney in the Criminal Defense
Practice at Brooklyn Defender Services at the hearing on the New York City bill.
Said Lee:
At worst, such tools provide a veneer of color- and class-blind objectivity while exacerbating the racial and economic discrimination and other inequalities in law enforcement practices and criminal and civil penalties.
If anything, the problem is worse in child welfare, where
the rest of the process – the records and, in most states, even the court
hearings, also are secret.
The New York bill
The New York bill doesn’t do a lot – but it would be a small
step forward.
First, it would require that algorithms used “for the
purposes of targeting services to persons, imposing penalties upon persons or policing,”
be public. That would make it possible for experts to test for bias. It also
might eliminate private for-profit companies from pushing their products, since
presumably they wouldn’t want their secret formulas made public.
Second, the bill would allow any New Yorker to “plug in” her
or his own data and see the result.
So, for example, if the child welfare agency starts using
predictive analytics, you could plug in your age, your race, your income level,
and whether you’ve reached out for help and see if the agency thinks you’re
high risk to abuse your child.
Unfortunately, the bill provides no redress if you find out
that you are, indeed, falsely labeled “high risk” because of factors such as
race or income (or factors such as whether you’ve changed homes or schools a
lot, which are, in reality, measures of race and income).
And transparency alone is not enough. Los Angeles County quietly decided not
to move forward with the secret software from a private company – the one
with the 95 percent false positive rate. The state of California is now
embarking on what it promises will be a transparent algorithm and an open
process to develop it. But that alone
doesn’t eliminate bias, it only creates the potential to reduce bias.
NCCPR
has a detailed discussion of predictive analytics in child welfare in our
publication Big Data is
Watching You.