Foster care in California: Your tax dollars at work

 

Private foster care agencies in California want nearly total immunity from 
lawsuits by survivors of abuse in placements they oversee. But they'll settle
for a taxpayer bailout.

Private foster care agencies in California and elsewhere have been trying to get near-total immunity from lawsuits by survivors of abuse in homes or institutions they oversee – or at least a taxpayer bailout for their insurance costs. Here’s an example of who could be shut out. 

This is what allegedly happened to six children in a foster home in San Bernardino County, California, according to a story in the San Bernardino Sun: 

The children, according to the lawsuit, were routinely beaten with belts, cords, wooden sticks and other objects; bound with duct tape; and punched, kicked and choked until the point of unconsciousness. Socks were stuffed into their mouths to prevent anyone from hearing their screams, the suit alleged. And the children were deprived of food and water, forced to stand for hours holding books or lie in dark rooms, and sexually abused and coerced into sexual acts under threats of violence, it further alleged. 

The suit also alleges that county social workers, the foster family agency and school district employees repeatedly missed or ignored warning signs, including visible injuries, disclosures of abuse, missed welfare visits and complaints from the children. [Emphasis added for reasons discussed below.] 

This is what allegedly happened in another San Bernardino County home where a four-year-old autistic child died: 

The lawsuit filed July 7 by the family of 4-year-old Avery Habelitz alleges San Bernardino County Children and Family Services, two foster family agencies and multiple social workers ignored repeated warnings that Avery, who was autistic and nonverbal, required specialized care unavailable in her foster placements. 

The lawsuit alleges Avery was removed from her parents’ home and placed in foster care in Apple Valley, despite an individualized behavioral treatment plan calling for 32 hours a month of one-on-one behavioral therapy, 50 hours of social skills training, 20 hours of supervision and 15 hours of oversight by a board certified behavior analyst. 

Those services ceased after she entered foster care and were never resumed despite repeated warnings that interrupting treatment could worsen her self-injurious behaviors and other developmental challenges, according to the lawsuit. [Emphasis added.] 

Why the emphasis on the fact that those sued include a total of three “Foster Family Agencies” (FFAs)? Because these private agencies, which oversee many group homes and institutions and some family foster homes, have been waging a campaign to slam the courthouse door in the faces of survivors of abuse and their families. The same is true in several other states. Too many news organizations have bought the snake oil that the FFAs have been selling. 

At the heart of the issue is the fact that insurance companies have realized there is so much abuse in foster care that it’s a high risk – for them. So they’ve raised premiums. 

So the FFAs went running to the California Legislature seeking either or both of two things: near-total immunity from lawsuits by those who say they were victimized on their watch or a bailout in which taxpayers would chip in a whole lot of money to help them pay their insurance premiums. 

They did not get the immunity. They did get a bailout – to the tune of $31 million that could have been spent actually helping families. And now they’re after another. Private foster care agencies are seeking much the same in New York, Illinois and elsewhere. 

What is most shameful in all this is the credulous complicity of many news organizations. In story after story, private foster care agencies have been portrayed as God’s gift to children, and their closing supposedly would be some sort of catastrophe. That’s the agencies’ party line. One expects them to make such claims. But one news organization after another has accepted those claims without question. 

But, for reasons discussed in detail in the columns to which I’ve linked above, none of it is true. On the contrary, the closing of such agencies should be seen as an opportunity to rethink a system over reliant on their group homes and institutions and the foster families they supervise. 

So please, California journalists, and those dealing with this issue in other states: Before you write your next OMG-the-sky-will-fall-if-the-FFAs-don’t-get-relief story, take a moment to think about those six former foster youth who survived and the family of Avery Habelitz who did not. Then think about the thousands of others across the country who have been abused while under the “care” of FFAs and their counterparts in other states. Who really deserves our attention, our sympathy and our compensation, the children or the agencies?

Illustration by ChatGPT