DoJ Investigates Foster Care Algorithm 
The Department of Human Services in Alleghany County, PA, places children in foster care using an algorithm which draws data from public agencies to create risk scores that, allegedly, reflect a child’s likelihood of experiencing neglect. Now, the Department of Justice is investigating the county’s child welfare system for potentially discriminating against parents with disabilities, who were docked points for seeking mental and behavioral health care from the county. Parents who sought mental health care from private providers would not have been penalized, as the algorithm drew from public data. Beyond discriminating against lower-income individuals, the policy may be unjustly separating parents from their children on the basis of disability status or proxies for disability, such as SSI benefits. 
 
The Biden Administration identified algorithmic discrimination protections as a priority for its “AI Bill of Rights,” which is meant to serve as a roadmap for the design, use, and implementation of automated systems like Alleghany County’s. Last year, the DoJ’s Civil Rights Division released an assistance document on how artificial intelligence hiring products can discriminate against candidates with disabilities, and laid out guidance to help employers avoid violating the Americans with Disabilities Act. If the Alleghany County investigation proceeds, it could be an opportunity to establish new algorithmic safeguards for protected groups.