The following article is an example of the discussions we intent to have on this blog. This is a discussion of the current state of affairs, when it comes to understanding the system put into place by our government, in order to make an effort at protecting our most precious resource -- OUR CHILDREN.
You will hear me repeat the phrase, often: "You cannot depend upon the system to protect your child. The system is broken beyond anything you can possibly imagine. I have case, after case, after case to prove it. Enjoy:
A CHILD'S JOURNEY THROUGH THE CHILD WELFARE SYSTEM1.)
A Child’s Journey Through the Child Welfare System
This paper describes the typical progression a child makes through a state’s child welfare
system.* Each state’s child welfare agency1 is responsible for ensuring the safety and
well-being of children. Child welfare systems have several chief components:
• Foster care – full-time substitute care for children removed from their parents or
guardians and for whom the state has responsibility. Foster care provides food
and housing to meet the physical needs of children who are removed from their
homes.
• Child protective services (CPS) – generally a division within the child welfare
agency that administers a more narrow set of services, such as receiving and
responding to child abuse and neglect allegations and providing initial services
to stabilize a family.
• Juvenile and family courts – courts with specific jurisdiction over child
maltreatment and child protection cases including foster care and adoption
cases. In jurisdictions without a designated family court, general trial courts hear
child welfare cases along with other civil and criminal matters.
• Other child welfare services – in combination with the above, these services
address the complex family problems associated with child abuse and neglect.
They include family preservation, family reunification, adoption, guardianship,
and independent living.
! While 542,000 children were in foster care on September 30, 2001, 805,000 spent
some time in care over the course of that year.2
! Children in care in 2001 had been in foster care for an average of 33 months. More
than 17 percent (91,217) of the children had been in care for 5 or more years.3
Once a child is known to the child welfare agency, he and his family become subject to a
series of decisions made by judges, caseworkers, legal representatives, and others, all of
whom have an important role to play. A child may encounter dozens of other new adults
including foster parents, counselors, and doctors.
Most children (60%) enter foster care when removed from their homes by a child
protective agency because of abuse and/or neglect. Others (17%) enter care because of
the absence of their parents, resulting from illness, death, disability, or other problems.
Some children enter care because of delinquent behavior (10%) or because they have
committed a juvenile status offense (5%), such as running away or truancy. Roughly 5
* Throughout the paper, the following bullets are used: ! for statistics; !for federal law
and regulations; and"for a child’s experience.
2.)percent of children enter care because of a disability.4 For many, it represents their only
access to disability services, for example, mental health care for a child with severe
emotional disturbance. In these rare instances, in states that allow such placements, a
child is placed in foster care voluntarily at the request of his parents.
Foster care is intended to provide a safe temporary home to a child until he can be
reunited safely with his parent(s) or adopted. However, being removed from home and
placed in foster care is traumatic for a child, and the period of time he may spend in care
can be filled with uncertainty and change.5
A child in foster care is affected by a myriad of decisions established by federal and state
laws designed to help him. At each decision point, action or inaction can profoundly
influence the child’s current circumstances and future prospects. The discussion that
follows highlights typical decision points on a child’s journey through foster care.
Although the format is based on federal and common state law and practice, nevertheless
it is only a model. Laws vary across states, as does the capacity and practices of child
welfare agencies and courts to manage their caseloads. These factors can and often do
create delays that complicate a child’s journey through the child welfare system and often
extend his time there.
DECISION POINT - Abuse or neglect is reported and the CPS agency responds.
The child’s journey through foster care usually begins when a mandated reporter6 or
concerned citizen makes a report of abuse or neglect to a state agency. For example, a
doctor delivers a baby who has drugs in his system; a neighbor notices bruises on a child;
a toddler is found abandoned in a public place; or a teacher notices a student who is
unclean, unfed or severely ill.
! Child abuse and neglect, or maltreatment, are defined in both federal and state law.
Federal law provides a foundation for states by identifying a minimum set of acts or
behaviors that define physical abuse, neglect, and sexual abuse. The Federal Child
Abuse Prevention and Treatment Act defines child abuse and neglect, at a minimum,
as "any recent act or failure on the part of a parent or caretaker which results in death,
serious physical or emotional harm, sexual abuse or exploitation; or an act or failure
to act which presents an imminent risk of serious harm" to a person under age 18.7
States can and do expand on or clarify definitions in a variety of ways that are
particular to local needs. Although any of the forms of child maltreatment may be
found separately, they often occur in combination.
The U.S. Department of Health and Human Services (HHS) estimates that in 2001, CPS
agencies received nearly three million referrals of maltreatment involving five million
children. Approximately 903,000 of these cases were substantiated after investigation.8
The following types of abuse and neglect occurred (some in combination with others):
Type of Abuse Percentage
3.)Neglect 59.2%
Physical Abuse 18.6%
Sexual Abuse 9.6%
Emotional/Psychological maltreatment 6.8%
Other (abandonment, congenital drug addiction) 19.5%9
The ages of the victims ranged as follows:
Age Percentage
Birth to 3 years 27.7%
4-7 24.1%
8-11 22.8%
12-15 19.5%
16-21 or unknown 6%10
More than half (56.5%) of substantiated reports were made by professionals, including
teachers, law enforcement officers, and physicians. The remaining 43.5 percent were
made by family members, neighbors, and other members of the community.11
The majority of the victims were maltreated by a parent (birth, adoptive or step). The
breakdown is as follows:
Relationship to the Child Percentage
Mothers (acting alone or with a non-parent) 46.9%
Fathers (acting alone or with a non-parent) 18.7%
Mother and Father 19.3%
Non-parent 11.9%
Unknown 3.1%12
In 2001, an estimated 1,300 children died from abuse or neglect. Eighteen of these
deaths, (1.5%) occurred while a child was under the custody or supervision of the child
welfare agency.13
Once a report of maltreatment has been made, the CPS agency investigates whether abuse
or neglect has occurred and assesses the risks to the child.
DECISION POINT
The CPS agency finds that the allegations of abuse and neglect are unfounded and
the case is closed.
or
The CPS agency finds evidence that the child is at risk for subsequent abuse or
neglect and conducts an assessment to determine whether the child can remain
safely at home with supervision or support services.
4.)
The assessment may include a visit to the family home and interviews with the family
and persons outside the family. The family may help identify services that may be
needed to better care for their child, such as parenting skills training or addiction
services.14
! The majority of children entered foster care because of neglect, often the result of
inadequate housing, poor child care, or insufficient food or medical care.
! A substantial percentage of parents with children in foster care have substance abuse
treatment needs.15
DECISION POINT – The CPS agency petitions the court recommending the
removal of the child from his home under the supervision of the child welfare
agency. This petition initiates a series of judicial hearings.
If the CPS assessment indicates the child is at high-risk for subsequent abuse or neglect,
the CPS agency conducts an investigation and requests a court order to remove the child
from the home. Generally, in emergency situations, the agency will remove the child and
place him in emergency or temporary foster care before receiving the court order.
DECISION POINT – Protective hearing: the court determines initial placement.
An emergency custody hearing, or protective hearing, will be held for the court to first
determine whether the child has been abused or neglected. If the judge determines that
abuse or neglect has occurred, the case then proceeds to an adjudicatory and dispositional
hearing, where the judge will decide, based in part on the child welfare agency’s
recommendation, to do one of the following:
(1) Send the child home without services;
(2) Send the child home with supervision and support services; or
(3) Remove the child from his home.
This same set of options will be considered at each subsequent hearing.
DECISION POINT – Adjudicatory and dispositional hearing(s): the court
determines that the child must be removed and approves an initial placement and
reunification plan.
Once the child is removed from his home, he and his parents become formally involved
with the juvenile or dependency court system, and the child is considered in state custody
and generally a ward or dependent of the court. The child and his family are assigned a
case worker from the child welfare agency.
The child’s case worker develops a case plan detailing:
5.)
(1) The types of services that the child and his family will receive, such as parenting
classes, mental health or substance abuse treatment, and family counseling;
(2) Reunification goals, including visitation schedules and a target date for a child’s
return home; and
(3) Concurrent plans for an alternative permanent placement options should
reunification goals not be met.
The court reviews and may modify the recommended case plan.
! Federal regulations require that the child’s case plan describe how the state will
achieve a safe placement for the child in the least restrictive, most family-like setting
in close proximity to the child’s parents. The case plan must also describe how the
placement is consistent with the child’s best interests and special needs.16
! Many jurisdictions are experimenting with innovative approaches to develop effective
case plans and facilitate safe reunification. Such approaches include mediation,
family group conferencing, and co-location of services such as substance abuse
assessment in the court.
! Before a State may receive federal reimbursement for the costs resulting from
supporting a child after removal from his home into foster care, a judge must
determine that reasonable efforts have been made to keep the family together by
providing such services as parenting classes, substance abuse treatment, or subsidized
child care.17 However, federal law does not require States to pursue reasonable efforts
if a parent has committed specific types of felonies, or subjected the child to
aggravated circumstances, such as abandonment, torture, or sexual abuse.18
In 2001, the case goals of 541,998 children in state custody were:
Case Goal Percentage (number)
Reunify with Parent(s) or Principal Caretaker(s) 44% (241,051)
Adoption 22% (116,653)
Case Plan Goal Not Yet Established 11% (62,014)
Long Term Foster Care 8% (45,792)
Emancipation 6% (32,309)
Live with Other Relative(s) 5% (26,555)
Guardianship 3% (17,624)19
In 2001, the placement settings for children in state custody were:
Placement Setting Percentage (number)
Foster Family Home 48% (260,384)
Relative foster home 24% (130,869)
Institution 10% (56,509)
Group Home 8% (43,084)
Pre-Adoptive Home 4% (20,289)
6.)Trial Home Visit 3% (16,685)
Runaway 2% (9,112)
Supervised Independent Living 1% (5,068)20
More than 20 percent of children in foster care will move at least three times and in some
cases seven or more times.21 Children move for many reasons, including attrition and lack
of training or support for foster families, lack of resources to address a child's special
needs, or because the child’s behavior may be difficult for some foster parents to manage.
" If the child is removed from his home, he is separated from his parents and may be
separated from his siblings. He will meet new temporary “parents” and adjust to their
lifestyle and house rules. Foster parents may have their own children or other foster
children in their homes. The child may have to attend a new school, leaving old
friends behind and adjusting to a new teacher and new classmates as well as new
rules. The child will have a caseworker assigned to him. Ideally the caseworker will
visit the child at least once a month. The emotional adjustments will differ for
children placed with relatives, or placed in their own neighborhood. The child will
have to make these adjustments each time he is moved.
DECISION POINT – The child is placed in the home of a relative.
! Federal law recognizes a preference for placement with relatives.22 However, the
regulations clarify that health and safety are the paramount considerations when any
placement decision is made regarding a child in foster care, including care with a
relative.23
! Generally, relatives do not receive foster care payments unless they are licensed
foster care providers.
DECISION POINT - The child is placed in a non-relative foster family home.
Although the total number of licensed family foster homes in the United States is not
known, in 1998, 38 states reported a total of 133,503 homes.24 Unfortunately, turnover
among foster parents is high; 30 to 50 percent leave the system every year.25
Foster parents receive stipends to cover room and board, child care, and clothing. They
may also receive Medicaid coverage for the children in their care.
DECISION POINT - The child is placed in a residential facility or in a group home.
The child may be placed in therapeutic foster care, residential child care, or residential
psychiatric care if he has emotional, behavioral, physical or medical needs and requires a
higher level of supervision and treatment. A child may be placed in group home care
because of a shortage of foster family homes. Group home care is more frequently used
for older children.
7.)! A group home is a licensed or approved home providing 24-hour care for children in
a small group setting that generally has from 7 to 12 children.26
! An institution is a child care facility operated by a public or private child welfare
agency and providing 24-hour care and/or treatment for children who require
separation from their own homes and group living experiences, i.e. child care
institutions, residential treatment facilities, and maternity homes.27
! Federal child welfare funds cannot be used to support children in public facilities that
serve more than 25 children or used to maintain children in facilities that are operated
primarily for the detention of delinquent youth.28
DECISION POINT - The court reviews progress every six months and holds a
permanency hearing after 12 months.
Periodic reviews are held in the court or reported to the court.
! Federal law requires states to review a child’s case at least every six months after
placement in foster care to determine whether the placement is still necessary and
appropriate, whether the case plan is being properly and adequately followed, and
whether progress has been made toward reunifying the family. The case review must
also set a target date for the child’s return home, adoption, or other permanent
placement.29
Permanency planning hearings are always held in court.
! Federal law requires states to hold a permanency planning hearing for each child in
foster care within 12 months of initial placement, or after a determination that
reasonable efforts to reunite are not required.30 Some states require this hearing
sooner. Foster parents, pre-adoptive parents, and relative caregivers must be given
notice and an opportunity to be heard at case reviews and permanency hearings.
Some advocates believe that a child should not remain in foster care longer than 12
months. Other advocates believe that this is too short a period to address the complex and
multiple needs of the family, particularly families with substance abuse or mental health
needs.
A judge may choose from among several permanency options for the child. In 2001,
263,000 children exited foster care in the following ways:
Outcomes for Children Exiting Foster Care Percentage (number)
Reunification with Parent/Primary Caretaker 57% (148,606)
Living with Other Relative(s) 10% (26,084)
Adoption 18% (46,668)
Guardianship 3% (8,969)
Emancipation 7% (19,008)
8.)
Transfer to Another Agency 3% (7,918)
Runaway 2% (5,219)
Death of Child31 less than 1% (528)32
DECISION POINT – The child is reunified with his birth family.
If the parents are successful with the court-ordered treatment plan, the child is reunited
with his parents, and the case is closed.
! In 2001, more than 57 percent (148,606) of children in out-of-home care were
reunited with their families.33
! However, other studies have noted that approximately 33 percent of children who
were reunified with their families re-entered foster care within three years.34 And,
approximately 17 percent of children who entered foster care had been in foster care
before.35
DECISION POINT – The birth family does not complete the court-ordered
reunification plan. The child welfare agency petitions the court for the termination
of parental rights (TPR).
If a parent fails to comply with the reunification plan, the child welfare agency will
petition the court to terminate the parents' rights to the child. At any point during the
court process, a parent may seek to voluntarily relinquish their parental rights.36 When
the parents' rights are terminated, a permanent plan for the child will be created.37
! Federal law requires states to initiate TPR proceedings for (1) children who have been
in foster care for 15 of the most recent 22 months, (2) infants determined to be
abandoned, or (3) cases in which a parent has killed another of his/her children, or (4)
certain other egregious situations. States may opt not to initiate TPR if (1) the child is
in a relative’s care, (2) the child welfare agency has documented a compelling reason
that TPR would not be in the child’s best interest, or (3) the state has not provided
necessary services to the family.38
! In 2001, more than 65,000 children’s living parents had their parental rights
terminated.39
! Federal law requires that the permanency plan document the steps taken to place the
child and finalize the adoption or legal guardianship and document child specific
recruitment efforts taken to find an adoptive family or legal guardian for a child.40
! Federal regulations direct states to concurrently begin to seek and approve a qualified
adoptive family for the child whenever a state initiates TPR proceedings.41
DECISION POINT - The child is placed with an adoptive family and the court
holds an adoption hearing to finalize the adoption.
9.)Some children will leave foster care through adoption.
! In 2001, 51,000 children were adopted.42 Nearly 59 percent were adopted by their
foster family and nearly 24 percent were adopted by a relative.43
" Because children adopted from foster care may have been abused, neglected, or may
have lived in multiple homes, the transition to an adoptive home can be difficult.
Some states are beginning to explore ways to offer post-adoption services, such as
respite care, to ensure the adoptions stay intact.
! In 2001, more than 126,000 children in foster care were considered waiting to be
adopted because they have the goal of adoption or because of TPR.44 These children
had been in foster care for an average of more than 3½ years, and their average age
was eight.45
DECISION POINT – The child is placed with a legal guardian, often a relative.
Some children will leave foster care through placement in the custody of a guardian. The
guardianship can be granted to relatives, foster parents, or another adult who has a
relationship with the child.46 Guardianship is not as legally secure as adoption. However,
it does provide a measure of permanency and stability without requiring the termination
of parental rights.47
! Federal law defines legal guardianship as a judicially-created relationship between
child and caregiver intended to be permanent and self-sustaining. The following
parental rights with respect to the child are transferred to the caretaker: protection,
education, care and control, custody, and decision-making.48
! Subsidized legal guardianships are a means by which some states provide relative
(and in some states non-relative) foster parents with financial assistance after they
have obtained legal guardianship of the child and the child has exited the formal child
welfare system. Subsidized guardianships can provide an alternative form of support
for children whose relatives have chosen not to adopt.49 The federal government does
not provide States reimbursement for costs associated with subsidized legal
guardianship payments.
DECISION POINT – The child reaches age 18 with no permanent home.
Some children will reach 18 and leave foster care without being reunited with their
families, adopted, or placed in another permanent home. In these cases, the child welfare
agency may provide basic living skills training, housing assistance, and educational
opportunities through federally funded independent living programs.
! In 2001, approximately 19,000 youth left foster care when they reached the age of 18
(or 21, in some cases).50
10.)" Studies have found significantly lower levels of education, higher rates of
unemployment, and higher rates of homelessness for adults who spent time in foster
care as children.51 For example, a study by Westat, Inc. reported that only 54 percent
of young adults who grew up in foster care had completed high school, 40 percent
continued to rely on public support in some way (were receiving public assistance,
incarcerated, or receiving Medicaid) and 25 percent had been homeless for some
period. 52 Other studies indicate that a significant percentage of the homeless
population in many cities were adults who once had been foster children.53
As this paper indicates, the rate at which a child progresses through the foster care
system, and the nature of his experience there, depends on many factors. These include
federal and state financing, timelines, and legal provisions: good and timely decisions;
the availability of services for birth and adoptive families; and the availability of licensed
foster homes willing to care for children. Many of these factors are interrelated. But each
can contribute to the length and quality of a child’s time in foster care.
1Public child welfare agencies are often called by different names such as the Department of Human
Services (DHS), Department of Health and Social Services (DHSS), Department of Children and Families
(DCF), or the Department of Social Services (DSS).
2 U.S. Department of Health and Human Services, Children’s Bureau, The AFCARS Report #8 (March
2003). Available online at www.acf.dhhs.gov/programs/cb/publications/afcars/report8.htm.
3 Ibid.
4 Karen Spar, Specialist in Social Legislation, Domestic Social Policy Division,
Congressional Research Library, Library of Congress, Testimony before the Subcommittee on Human
Resources, July 20, 1999. The figures in this paragraph represent Fiscal Year 1994 data.
5 Ibid.
6 State laws identify certain professionals who are mandated to report suspected abuse. They generally
include medical professionals, teachers, day care workers, photo lab developers, and law enforcement.
7 42 U.S.C. 5106g.
8 U.S. Department of Health and Human Services, Administration on Children, Youth and Families, Child
Maltreatment 2001, p.21 (Washington, DC: U.S. Government Printing Office, 2003).
9 Ibid, 21. The percentages total more than 100 percent of victims because children may have been victims
of more than one type of maltreatment.
10 Ibid, p. 23.
11 Ibid, pp. 3 & 7.
12 Ibid, pp. 43 & 45.
13 Ibid, pp. 51 & 55.
14 The Oklahoma Department of Human Services, The Child Welfare Journey. Available online at
http://www.okdhs.org/cfsd/howtos/cw/journey.htm.
15 Child Welfare League of America, Behavioral Health Division, Alcohol and Other Drugs. Available
online at http://www.cwla.org/programs/bhd/aod.htm.
16 42 U.S.C. 675(5).
17 U.S. Department of Health and Human Services, National Clearinghouse on Child Abuse and Neglect
Information, Overview of the Civil Child Protective Court Process. Available online at
www.calib.com/nccanch/pubs/usermanuals/courts/protect.cfm.
18 42 U.S.C. 671(a)(15)(D).
19 The AFCARS Report #8.
20 Ibid.
21Kathy Barbell and Madelyn Freundlich, Foster Care Today (Casey Family Programs, Washington, DC,
2001), pp. 3-4. These figures were based on 1994 data from the U.S. House of Representatives, 2000.
22 42 U.S.C. 671(a)(18).
11
23 Children’s Defense Fund, Child Welfare and Mental Health Division, The Adoption and Safe Families
Act (ASFA) Regulations and Kinship Care Families - Frequently Asked Questions (Spring 2000) and
Federal Register, Vol.65, No. 16, (January 25, 2000), pp. 4032-4033.
24 U.S. Department of Health and Human Services, Administration for Children & Families, National
Clearinghouse on Child Abuse and Neglect Information, Foster Care National Statistics April 2001.
25 University of Tennessee Family Foster Care Project, Foster Family Forum, Issue 1. (July 2002).
26 U.S. Department of Health and Human Services, Administration on Children, Youth and Families, Child
Maltreatment 1999: Annual Report (Washington, DC: U.S. Government Printing Office, 2001). Some
states may include settings with fewer than seven children as group homes.
27 Ibid.
28U.S. Department of Health and Human Services, Administration for Children and Families,
Administration for Children, Youth and Families, Program Instruction, ACYF-PI-89-09 (October 1989).
29 Overview of the Civil Child Protective Court Process.
30 42 U.S.C. 675 (1)(5)(C).
31 These deaths resulted from all causes including accidental and natural. Only 18 resulted from abuse.
32 The AFCARS Report #8.
33 Ibid.
34 U.S. General Accounting Office, FOSTER CARE Recent Legislation Helps States Focus on Finding
Permanent Homes for Children , but Long-Standing Barriers Remain (GAC-02-585) (Washington, DC:
U.S. Government Printing Office, 2002), p. 10.
35 Foster Care National Statistics April 2001 (2000b).
36 The Child Welfare Journey.
37 Ibid.
38 42 U.S.C. 675(1)(5)(E). In the case of an abandoned child, regulations require States to initiate TPR
within 60 days of a court determination of abandonment and in the case of a child whose parent has been
convicted of a felony specified in the law 60 days of a court determination that reasonable efforts to reunite
are not required.
39 The AFCARS Report #8.
40 42 U.S.C. 675 (1)(E).
41 42 U.S.C. 675 (5)(E).
42 The AFCARS Report #8. This figure is based on the most recent revisions to AFCARS, which only
include adoption outcomes. This figure differs from the figure presented in the table showing outcomes for
children exiting foster care. That figure is based on preliminary data which will be revised once all the
outcomes are updated.
43 Ibid.
44 Ibid.
45 Ibid.
46 The Child Welfare Journey.
47Steve Christian, A Place to Call Home Adoption and Guardianship for Children in Foster Care, p.28
(National Conference of State Legislatures, 2000)
48 42 U.S.C. 675.
49 The Adoption and Safe Families Act (ASFA) Regulations and Kinship Care Families - Frequently Asked
Questions.
50 The AFCARS Report #8.
51 State of Tennessee, Comptroller of the Treasury, Foster Care Independent Living Programs (1998).
52 1994 Green Book (Washington, DC: U.S. Government Printing Office, 1994).
53 National Alliance to End Homelessness. Web of Failure: The Relationship between Foster Care and
Homelessness (1995). Available online at http://www.endhomelessness.org/pub/fostercare/webrept.htm.
A Child’s Journey through the Child Welfare System
Abuse or neglect is reported
and the agency investigates
Unfounded: Case is closed Substantiated
Court sends child
home with
supervision or
support services
Court orders child
to be removed
from home
Court sends child
home without
services
Child’s family works
on plan to be
reunited with child
Agency works with child’s
family and also develops an
alternate permanency plan
Court places child in
foster family
home
Court places child in
the home of a
relative
Court places child in
group home,
shelter or
residential facility
Birth family completes
reunification plan: child returns
home
Birth family does not complete
reunification plan
Case closed: Child has permanent
home (adoptive, relative or
guardian)
Child remains in foster care until
age 18, or in some states age 21,
with no permanent home
Case closed:
Child has “aged-out”
Agency recommends removal
from home
Agency sends child home with
supervision or support services
Agency sends child home
without services
Preliminary
Protective Hearing:
Court determines
initial placement
Court terminates
parents’ rights
(possible appeals
follow)
Court holds
adoption or
guardianship
hearing
Adjudicatory & Dispositional
Hearing(s): Court determines
placement & permanency plan
Court reviews progress
every 6 months &
holds permanency
hearing after 12
months
Court places child in permanent
home (adoptive, relative or
guardian)
Child remains in foster care and
may receive independent living
services
