Foster Care Is Failing America's Foster Children

Forbes

2 days ago

I 've spent over four decades in courtrooms watching an American tragedy continue to unfold. Children—some barely old enough to speak—face the traumas of abuse, neglect, removal from their natural parents, and then placement with a new foster family or shelter. They wonder whether they will ever see their parents and siblings again, which school they'll attend, and whether they'll be safe. Many are then reabused by the foster care system itself -physically, sexually, and emotionally.
But when a young foster child is facing permanent separation from their family and siblings—one of the most traumatic and life-altering events imaginable—they are often expected to navigate failing foster care systems and the legal system without any personal advocate at all. No lawyer. No one solely committed to defending their rights, voicing their wishes, or challenging the bureaucracy on their behalf. This disparity isn't just immoral—it's economically reckless.
When a Fortune 500 CEO is sued, they don't walk into court alone. They arrive flanked by teams of high-powered attorneys, expert consultants, and strategists—each one paid handsomely to protect their interests and secure the best possible outcome. That's what our society expects: when the stakes are high, you bring in the best lawyers.
Putting this in terms business leaders understand, we're hemorrhaging money while destroying lives. America spends $8 billion annually on keeping 300,000 to 400,000 children in foster and substitute care, yet we refuse to invest in the one thing proven to reduce costs and improve outcomes—child protection systems that work and quality legal representation for children.
When I litigated against New York City in the case involving Judith Leekin's "house of horrors," the settlement exceeded $27 million. Those children endured years of torture, starvation, and imprisonment while the system looked the other way. Had they possessed advocates from the start—lawyers whose job was to fight for their safety—that nightmare would have been impossible.
Here's what guts me: every wasted dollar we spend on system failures represents a child whose life we could have saved. Children with attorneys spend less time in care, experience fewer placements, and achieve better outcomes as adults. Yet we continue throwing good money after the bad, funding a system designed to fail vulnerable children it's meant to protect.
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There are 29 states with child welfare systems with pending class actions or consent decrees because of systemic deprivations of children's most basic rights –the right to be safe from harm in these child protection systems. (Casey Family Programs, Class Action Summaries (2025 Update) (last visited July 14, 2025). New York, California, Illinois, and Florida –to name just a few states all face these class actions and systemic failures. At best, the Casey Family Programs that operate in every single state cite only a few 'Communities of Hope' programs and practices where children and families may have an opportunity to thrive with appropriate federal funding. (Casey Family Programs, State Data , (last visited July 14, 2025)). Foster care abuse is pervasive and systemic; it is not a collection of isolated cases; rather, it is a mass tort. Similar accounts of sexual and physical abuse during state custody have been reported by thousands of survivors nationwide; these accounts frequently involve the same agencies, placement systems, and oversight shortcomings.
The consequences are staggering. In Florida's H.G. v. Carroll , advocates sued the state for failing to address severe foster home shortages and mental health needs in Miami-Dade County. In Illinois's B.H. v. Smith , the state stands accused of violating both constitutional rights and federal law by denying basic services. These are not isolated failures-they reflect a systemic disregard for children's welfare across multiple states.
Now, cuts to the federal budget can only make matters worse. Medicaid, the Education and Training Voucher (ETV) scholarship program, and the Chafee Foster Care Independence Program are important programs that if cut off, leaving vulnerable youth without access to basic transitional aid, healthcare, or educational support. These reductions force children aging out of care to decide between continuing their education—often without a safety net—and working full-time. There Is an Epidemic of Sexual Abuse and Child Sex Trafficking in the U.S. Foster Care System
Sexual abuse and trafficking in foster care is not rare—it's widespread, devastating, and far too often ignored. Studies show foster youth are significantly more likely to be sexually victimized than children in the general population. In some states, nearly half of foster girls report sexual abuse before or during placement.
Group homes and poorly supervised foster homes are frequent sites of repeated sexual abuse and trafficking. The foster care system was built to protect vulnerable children. But when abuse happens within it, and no one listens, that system becomes part of the harm. Nationwide, Many Children Run Away, Become Homeless, and Are Victimized and Trafficked
Every year, thousands of children go missing from foster care—many fleeing unsafe or unstable placements. Once on the streets, they face a high risk of homelessness, exploitation, and trafficking. A 2022 federal report found over 20,000 foster youth were reported missing, and it was noted that 1 in 5 endangered runaways were likely sex trafficking victims—most of whom were in state care. This isn't just a runaway problem—it's a systemic failure. Overburdened caseworkers, poor oversight, and broken placement systems leave vulnerable children exposed to trauma and even greater harm. Many Children Still Don't Receive Their Own Legal Counsel
The truth is that 13 states do not routinely guarantee legal representation to all children including Illinois, Florida, Texas, and Minnesota to name a few (Counsel for Kids, Right to Counsel Map , https://counselforkids.org/right-to-counsel-map (last visited July 14, 2025). Very few children can access lawyers when they are physically, sexually, and emotionally abused by the child protection systems. Far too many face a lifetime of trauma and other personal injuries.
I've represented hundreds of these children who would not have any support after they turned 18. So many of these cases haunt me because no one would know about these permanently broken children because of the confidential nature of child protection systems. This isn't just morally bankrupt. We've created a child welfare system so broken that we've normalized permanent injury to these children who are denied the basic rights we demand for ourselves. The Adult Consequences of Abusing Children in Foster Care
Twenty percent of foster youth become homeless within four years of aging out of the system. Twenty-five percent develop PTSD. Half never finish high school. These aren't just numbers—they're young people I've known, each carrying the trauma of a system that failed to see them as whole human beings.
But appropriately funding child welfare systems and legal representation from the time of entry into the systems could change these outcomes. Children with attorneys are more likely to have appropriate therapeutic services and placements, maintain family ties, receive needed education services, and age out of child welfare systems independently.
I founded Florida's Children First two decades ago because I'd seen enough. We've now trained thousands of lawyers to represent children in dependency court proceedings. We've passed groundbreaking children's rights legislation. We've proven that when children have someone whose sole job is fighting for their interests—not the agency's convenience, not the court schedule, but their interests—things change. But this is not enough! America Must Choose
This isn't about more government spending—it's about spending smarter. It's about treating foster children with the same dignity we afford every other person in our legal system. It's about recognizing that a nation is judged by how it treats its most vulnerable.
Business leaders who demand accountability, efficiency, and measurable outcomes in their companies should be outraged by a child welfare system that warehouses children without ensuring their voices are heard. You have the influence to drive legislative change, fund advocacy organizations, and demand that elected officials prioritize children's rights.
The children can't wait for our convenience. They can't wait for the perfect budget cycle or the ideal political moment. Every day we delay, more children age out without ever having someone fight for them.
After almost forty years of this work, I know one thing with absolute certainty: child protection systems are failing nationally. Children without lawyers usually get what's left over. In America, that's not just a tragedy—it's a choice. It's time we chose differently.