Gen Justice Report: Missing Children From Foster Care
Gen Justice Report: Missing Children From Foster Care
AND DYING:
Why 20,000 kids disappear from foster care
every year and how to end this crisis.
AUTHORS:
Darcy Olsen, Gen Justice CEO
Rebecca Masterson, Gen Justice Chief Counsel
January 2020
EXECUTIVE SUMMARY
Anaiah Walker was 15 when she went missing from Arizona’s foster
care system in December 2019. Five months later, her body – shoeless
and disfigured – was found discarded on the median of a freeway.1
It took the police 12 days to identify the child.
Anaiah was one of the estimated 20,000 children who go missing
from the child protection system every year. State agencies weren’t
required to report missing foster children to law enforcement until
2014. Since then, reports of children missing from care have more
than doubled.2 Protocols and best practices for the search and
recovery of missing foster children are scarce, and laws outlining
search requirements are virtually nonexistent.
Traffickers know that children without stable families are easy
prey. Research overwhelmingly shows that most sexually trafficked
children are from foster care.3 Some children, like Anaiah, are found
dead. Some are never found.
“No one looks for us. I really want to make this clear.
No one looks for us.”
– T. Ortiz Walker Pettigrew 4
ISSUE BRIEF 2
THREE In the past 20 years, the cases of over 100,000 missing foster children
KEY were closed before the children were located.5 Some cases were closed
TAKEAWAYS as quickly as six months and on children as young as 9 years old.
Children who have been recovered from sex trafficking report that
they are given a quota of up to 15 buyers per night. This means a
sex-trafficking victim may be raped thousands of times a year.6
On an average day, 55 children will disappear from the U.S. foster care
system – the very system charged with keeping abused children safe.
The state should make every effort to keep foster children safe and,
when a child goes missing, spare no effort in finding him or her.
ISSUE BRIEF 3
• Require searches for missing children and keep court cases open.
ALICIA CLAUDIA
Alicia Kozakiewicz was a typical 13-year-old who Claudia,8 a teenager in Arizona’s foster system,
lived with her loving family in a safe Pennsylvania disappeared from care in November 2020.
suburb.7 Alicia met a new friend, a teenage boy, Unlike Alicia, there have been no posters, no searches,
in an online chat room and agreed to meet him. and no FBI involvement. There is not even a photograph
After dinner one night, she quietly left her house to assist law enforcement in finding her. State law
and walked down the street to their arranged prevents anyone who receives information about a
meeting place. foster child from disclosing the information, thus
Alicia’s “new friend” turned out to be a 38-year-old even her real name can’t be shared.9
child predator who kidnapped Alicia from her safe This is the information available online to locate
neighborhood. He drove her to a basement torture Claudia (redaction ours). It could describe
chamber in another state, where he stripped, chained, thousands of girls.
beat and raped her for days while streaming the
abuse online.
It is a horrific story. But it ends with Alicia’s rescue.
Alicia’s family turned the world upside down to find
her. Not a single second was lost. Due to the family’s
diligence, police immediately launched a search.
Digital footprints were traced. A recent photograph
of Alicia was plastered on walls, bulletin boards,
and on television. Alicia was ultimately recovered
by the FBI.
As with most recovered children, someone recognizing
her photograph helped save Alicia’s life.
Alicia was not in the foster system. Claudia was.
And that makes all the difference.
For a state’s search and Shortcomings build from there. Federal law requires states to develop
rescue protocol to be and implement specific protocols for locating missing foster children,
but leaves it up to each state how to conduct searches.11 Little
effective, confidentiality
guidance is available regarding best practices for these searches.
laws must be amended to Most states ask caseworkers to lead searches on top of their other
allow immediate disclosure responsibilities, instead of giving that duty to law enforcement.
of identifying information. States hamper searches before they begin by forbidding disclosure
of any information that would identify a missing child as a foster
youth. Child welfare agencies are prohibited from disclosing details
about the children in their care, missing or not. For a state’s search
and rescue protocol to be effective, confidentiality laws must be
amended to allow immediate disclosure of identifying information,
including photographs.
Additional reforms, such as creating ways to get more foster children
into stable homes, providing mentoring and establishing trust funds,
would prevent children from disappearing in the first place.
ISSUE BRIEF 6
RECOMMENDATIONS If you’re like us, you can still hardly believe what you’re reading:
How could social services lose 20,000 children a year – and not
look for them?
A partial explanation is that many social service agencies historically
have classified missing kids as “runaways.” Never mind that some
missing kids are babies and toddlers.
Furthermore, the term implies that these children, despite being
children, are at fault for their circumstances or in some way
responsible for the harm that has come to them, negating the
need to search for them.
As an example, news reports used the word “kidnapped” about Alicia
Kozakiewicz, the teenager who was lured from her family’s home by
an online predator. But a foster child who walks out of a group home,
lured by a predator in an identical manner, is termed a “runaway.”
While children do run from foster care, this in no way absolves the
state of its responsibility to protect and find minors in its legal custody.
Child protection agencies need to take all the actions a responsible
parent would. Like Alicia, kids who leave their foster homes have no
idea of the horrors that may lie ahead. They need to be rescued.
1. TRANSPARENCY
Laws should require states It is vital that states clearly and transparently report missing
to report all efforts made to children and publicly categorize them as such until they are
found, and not just because it’s the law. The state has a legal
search for missing children,
and moral responsibility to locate and safeguard children in
which children have been its care until age 18.
found and which continue
In addition to the federal requirement that missing children
to be missing. be reported to law enforcement and NCMEC within 24 hours,
state laws should require agencies to report all efforts made
to search for missing children, to document which children
have been found and which continue to be missing, and how
many children are missing when they legally exit foster care
at age 18. Transparent reporting protects children and allows
lawmakers, children’s advocates and the public to hold child
protection agencies accountable.
ISSUE BRIEF 8
2. PREVENTION
TWO POSSIBILITIES:
•
Recruit empty-nesters and early retirees to foster teens.
Older children often need the one-on-one attention that
being an only child can provide and could thrive with the
patience, authority, and stability of a home parented by
older adults.23 States can develop recruiting programs
aimed at empty nesters and encourage licensing
agencies to do the same.
•
Allow licensing reciprocity between states. When licensed
foster parents move to another state, they must begin the
licensing process from scratch to continue fostering. As
part of the effort to retain foster parents, states could offer
reciprocity with other states, streamlining the process to
retain as many available safe placements for children
as possible.
State child welfare agencies EDUCATE FOSTER CHILDREN ABOUT SEX TRAFFICKING
have legally taken the AND RELATED DANGERS
responsibilities and functions Most parents teach their children from very young ages about
of a parent. As such, they “stranger danger,” sexual predators, kidnappers, and other
grave threats. State child welfare agencies are loco parentis,
have an obligation to provide
having taken the legal responsibility of the functions and
children in foster care with
responsibilities of a parent. They have an obligation to
appropriate education provide children in foster care with age and developmentally
about trafficking and appropriate resources on these topics, including grooming
predatory behaviors. and predatory behaviors.
Many non-profits, such as the McCain Institute and RAINN,
offer countless free and effective resources toward this end.
Children in state care also should be provided with emergency
resources, such as the National Human Trafficking Hotline,
that provides 24/7 confidential hotlines.
ISSUE BRIEF 12
The single most helpful The single most helpful tool in recovering a missing child is
a recent photograph, according to law enforcement.29 Most
tool in recovering a missing parents carry a veritable photo album of their children on their
child is a recent photograph, smart phones, but children in foster care rarely have families
according to law enforcement. to snap pictures, making recent photographs of these children
scarce. Too often, when a child goes missing from foster care,
there is “no image available.” This translates to little hope of
being found.
A recent photograph is critical to locating a child. Legislation
introduced in Arizona would waive the cost of state identifi-
cation cards for all children in foster care and require these
photo cards for every child in a group home – a simple, yet
powerful update to state child welfare statutes.30 If a child
goes missing, the state identification card photo can easily
and immediately be linked to national and local databases
and missing person online indexes.
ISSUE BRIEF 15
Since 2000, child welfare Since 2000, child welfare agencies across the country closed
agencies across the country the cases of more than 110,000 missing foster children when
their whereabouts were still unknown, federal records show.34
closed the cases of more than
Cases were closed on children missing for just six months and
110,000 missing foster children for children as young as 9 years old.35
when their whereabouts were still
This practice must end. A child’s court case and file should
unknown, federal records show. remain open until they have a safe, permanent home, or reach
the age of 18.
END NOTES
1. Sonu Wasu, “Children missing from state custody: Who’s looking for them?” ABC 15 News Investigation, July 17, 2020.
2. National Center for Missing & Exploited Children, “Children Missing from Care.”
3. FBI Operation Cross Country, conducted across 75 U.S. cities, reported that 60 percent of recovered children were involved in foster care. A 2007 study by the
New York State Office of Children and Families reported that 85 percent of trafficked children had prior child welfare involvement. Michel Martin, Carrie Johnson
and Malika Saada Saar, “Finding and Stopping Child Sex Trafficking,” Tell Me More, NPR, Aug. 1, 2013, and Cassi Feldman, “Report Finds 2,000 of State’s Children
Are Sexually Exploited, Many in New York City,” New York Times, April 24, 2007.
4. Withelma “T” Ortiz Walker Pettigrew, testimony before the U.S. House Subcommittee on Human Resources, Oct. 23, 2013. Ms. Pettigrew went missing from foster
care when she was 10 years old. Her kidnapper raped, beat, and sold her for sex across the western United States. T escaped at 17 and is now a child and human
rights advocate. She was named one of Time Magazine’s 100 Most Influential People in 2014.
5. Eric Rasmussen and Erin Smith, ”Missing and Forgotten: Thousands of foster kids kicked out of the system,” Boston 25 News, May 23, 2018.
6. Linda A. Smith, Samantha Healy Vardaman and Melissa A. Snow, “The National Report on Domestic Minor Sex Trafficking: America’s Prostituted Children,”
Shared Hope International, 2009.
7. Alicia Kozakiewicz , “Kidnapped by a paedophile I met online,” BBC, March 7, 2016.
8. “Claudia” is a real child missing from Arizona’s foster care system. Due to Arizona confidentiality laws, we are unable to share any identifying information about her,
and therefore altered the details on the missing juvenile posting and redacted her name.
9. A.R.S. §8-807(j).
10. Preventing Sex Trafficking and Strengthening Families Act, P.L. 113-183 (2014).
11. Ibid.
12. Preventing Sex Trafficking and Strengthening Families Act, P.L. 113-183 (2014); Justice for Victims of Trafficking Act, P.L. 114-22 (2015).
13. Eric Rasmussen and Erin Smith, “Missing and Forgotten: Thousands of foster kids kicked out of the system,” Boston 25 News, May 23, 2018.
14. “Audit of States’ Efforts to Locate IV-E Eligible Children Missing from Foster Care,” Office of Inspector General, U.S. Department of Health and Human Services,
October 2020.
15. Sonu Wasu, “Children missing from state custody: Who’s looking for them?” ABC 15 News Investigation, July 17, 2020.
16. Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. §5106a(b)(2)(viii)
17. Debra Schilling Wolfe, “Foster Care Youths at Risk for Child Sex Trafficking,” Social Work Today.
18. Jennifer Michael, “Children Missing From Care: How should agencies respond?” Child Welfare League of America, and Jessie Boye-Doe, “Opinion: Sex Trafficking
Happens Here, and to All Kinds of Kids,” City Limits, Jan. 10, 2020.
19. Jennifer Michael, ibid.
20. ALEC adopted a model law.
21. Quay Bowen is a former foster youth turned college grad, neuroscientist and writer. She can be found on her blog and Facebook page.
22. National Center for Missing & Exploited Children, “Children Missing from Care.”
23. Susan Kreimer, “More Older Adults Seek to Adopt,” AARP Bulletin, June 1, 2011.
24. “Evaluation of the Effects of a Mentoring Program for Youth in Foster Care on Their Criminal Justice Involvement as Young Adults,” U.S. Department of Justice Office
of Juvenile Justice and Delinquency Prevention, April 2018, and Heather Taussig & Lindsey Weiler, “Mentoring for Youth in Foster Care,” National Mentoring Resource
Center, September 2017.
25. Amy Dworsky, Mark E. Courtney et al, Chapin Hall at the University of Chicago, 2005, 2010, 2011, and “Fostering Success in Education:
National Factsheet on the Educational Outcomes of Children in Foster Care,” January 2014
26. Noy Davis, Amy Harfeld and Elisa Weichel, “A Child’s Right to Counsel: A National Report Card on Legal Representation for Abused and Neglected Children,”
University of San Diego and First Star Institute.
27. Amy Harfeld, “Twenty Years of Progress in Advocating for a Child’s Right to Counsel,” American Bar Association, March 22, 2019; Zinn, A. E. & Slowriver, J. “Expediting
Permanency: Legal Representation for Foster Children in Palm Beach County,” Chicago: Chapin Hall Center for Children at the University of Chicago, 2008.
28. Preventing Sex Trafficking and Strengthening Families Act, P.L. 113-183 (2014).
29. “When Your Child is Missing: A Family Survival Guide,” Office of Juvenile Justice and Delinquency Prevention, May 1998.
30. House Bill 2223, 54th Arizona Legislature. The Legislature adjourned because of COVID-19 before taking final action on the bill. It has been reintroduced for the
2021 session.
31. Dr. Edith Bracho-Sanchez, “Technology that ‘never sleeps, never gives up’ looking for missing and exploited children,” CNN, April 10, 2019.
32. Dina Aboughazala, “Egypt Facebook page raises hopes for missing children,” BBC Aug. 15, 2020.
33. Dr. Edith Bracho-Sanchez, ibid.
34. Eric Rasmussen and Erin Smith, “Missing and Forgotten: Thousands of foster kids kicked out of the system,” Boston 25 News, May 23, 2018.
35. Ibid.
ISSUE BRIEF 19
REBECCA MASTERSON
Serving as Chief Counsel since the founding of Gen Justice,
Rebecca Masterson has been the chief architect of multiple
reforms that are improving the well-being of kids in foster
care. She was on a litigation fast track and named a Super
Lawyers Rising Star when she adopted her first son. She
quickly realized the necessity parents of children with
special education needs had for legal help and formed a
boutique consulting and law practice to fill the gap. She
met her oldest son when she went into court as his volunteer
lawyer and came out the other side his adoptive mom. He
had spent most of his childhood in foster care and is now
proudly serving in the U.S. Army.