From wrongful deaths to financial corruption, these incidents highlight systemic issues that jeopardize the safety and well-being of vulnerable children. This article covers only a portion of the challenges faced with the Child welfare systems across several states in the United States into the troubling state of child welfare in New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, and South Carolina.
New Mexico
New Mexico’s Children, Youth, and Families Department (CYFD) has been criticized for its handling of child welfare cases, including the wrongful death of a four-year-old boy, James Dunklee Cruz, which resulted in a $4.9 million settlement against CYFD. The state settled a whistleblower lawsuit for $650,000 with two former agency officials who raised concerns about CYFD’s use of an encrypted messaging app for official business, which could potentially violate New Mexico’s public records law.
An in-depth investigation revealed that the New Mexico Children’s Code, which is supposed to prioritize the care, protection, and development of children, is not clearly understood by all involved parties. The agency has also been described as being in a “state of chaos,” with foster children left in dismaying and dangerous conditions, and the child welfare crisis worsening according to independent monitors.
The agency has also been accused of “egregious ongoing misconduct” in a federal lawsuit related to an abuse and neglect proceeding involving an infant. As of the provided data, there were between 2,000 and 2,600 children in foster care in New Mexico.
New York
A veteran staffer of the Administration for Children’s Services (ACS) was charged with grand larceny and other felonies for allegedly lying about being at work to collect his salary while traveling, including trips to Africa and across the US. He is accused of pocketing $21,000 from the city and using a city-contracted car service for personal commutes.
ACS has been accused of engaging in unconstitutional practices that traumatize families. A class-action lawsuit argues that ACS investigators deceive and bully their way into homes, conduct warrantless searches, strip-search children, and humiliate parents. The lawsuit describes the agency’s tactics as coercive, including threats to take children away or call the police, and making public scenes.
There have been instances where ACS caseworkers have repeatedly entered a mother’s home and questioned her child at school without evidence of mistreatment or a warrant, violating the Fourth Amendment right against unreasonable searches and seizures.
The CEO and business partner of Childrens Community Services, a non-profit organization with over $900 million in contracts with the city, were charged with conspiring to defraud the City of New York. They allegedly pocketed millions in taxpayer dollars through the systematic exploitation of homeless services, including services for children. As of the most recent data provided, there were 14,749 children in foster care in New York as of June 30, 2021.
North Carolina
An article by ParentalRights.org discusses heart-breaking stories of CPS corruption, including children being taken away from their families unnecessarily and placed in abusive situations. It criticizes the lack of responsibility and accountability within North Carolina’s Child Protective Services.
Cherokee County’s DSS faced national attention for its unlawful practices, including convincing parents to give up their children without judicial oversight. This led to nearly two dozen federal lawsuits, resulting in Cherokee County agreeing to pay its share of a combined $53 million in settlements, jury awards, and attorney fees.
The use of Custody and Visitation Agreements (CVAs) by social workers, which were not legally binding and often signed under pressure, was particularly criticized. As of the information provided, there are more than 12,000 children in foster care in North Carolina.
North Dakota
North Dakota Child Protective Services (CPS) has a high Turnover and Staffing Issues: In North Dakota, child protection and family services workers have experienced significant burnout, leading to a high turnover rate. For example, the Mountain Lakes Human Service Zone serving Benson, Ramsey, Rolette, and Towner counties reported a 64% turnover rate in 2022. This staffing crisis has made it difficult to maintain adequate service levels, with the state as a whole seeing a 37% turnover rate in the same year. The high rates of poverty and addiction in certain areas, combined with relatively low starting salaries for social workers, have exacerbated recruitment and retention challenges.As of the provided data, there are 2,461 children in foster care in North Dakota. There are 337 children waiting to be adopted, whose parents’ rights have been terminated.
Ohio
An opinion piece in the Cincinnati.com highlights the challenges faced by Ohio’s county child protective services agencies, including unprecedented caseworker turnover, unmanageable caseloads, and unfilled vacancies. These issues contribute to neglectful or inadequate care for children in CPS custody, with the average tenure of a CPS caseworker being less than two years.
In 2021, 18 children in Ohio died while in state custody, underscoring the need for greater resources and support for CPS workers. The same opinion piece also addresses systemic racism as a significant factor contributing to the overrepresentation of African American children in CPS care. It argues that this bias affects the quality of care provided to African American children and calls for proactive steps to eliminate systemic racism within CPS.
This includes providing anti-racism training for all staff, hiring more Black social workers and supervisors, and ensuring decision-making regarding child welfare is free from racial bias. The case of Aniya Day-Garrett is cited as an example of the system’s failure to protect vulnerable children. Despite multiple reports of abuse to the Cuyahoga County Children and Family Services, the system’s inaction contributed to Aniya’s tragic death.
This case highlights the severe lack of oversight and accountability in the child welfare system, where those responsible for harm to children in CPS care are rarely held accountable. As of the information provided, there are more than 16,000 children in Ohio’s foster care system. More than 3,300 children in Ohio are waiting to be adopted.
Oklahoma
Oklahoma’s Child Welfare Services (CWS), part of the Oklahoma Department of Human Services (OKDHS), has faced public scrutiny and allegations of corruption, particularly regarding the handling of child protective services (CPS) cases. Families have shared negative experiences, accusing DHS of wrongful child removals and lack of due process. For instance, a family in Broken Arrow had their grandson taken away by DHS on accusations of child abuse and murder in 2018, charges that were later dropped in 2021. This case, among others, has caught the attention of lawmakers, with Rep. J.J. Humphrey criticizing DHS for what he perceives as illegal actions. As of the data provided, there were 8,035 children in foster care in Oklahoma at the end of the fiscal year 2021. As of the information provided, there are over 500 children in Oklahoma waiting to be adopted.
Oregon
Oregon’s Child Welfare Services has faced public scrutiny for chronic management failures and high caseloads that jeopardize the safety of children in the state’s care. As of September 30, 2021, there were 5,269 children in foster care in Oregon.
Pennsylvania
Pennsylvania’s child welfare services have faced public scrutiny due to various instances of corruption and systemic failures. Notably, the “kids for cash” scandal involved judicial corruption at the Luzerne County Court of Common Pleas, where judges Michael Conahan and Mark Ciavarella were convicted of accepting kickbacks in exchange for imposing harsh sentences on juveniles, often for minor offenses.
This led to thousands of children being sent to youth centers, and the Pennsylvania Supreme Court eventually overturned many of these adjudications. As of the provided information, there are currently nearly 14,000 children in out-of-home placements in Pennsylvania, and more than 1,700 children are waiting to be adopted.
Rhode Island
A class action lawsuit filed Rhode Islands Department of Children, Youth, and Families (DCYF) by the Child Advocate of Rhode Island, along with the national child advocacy group Children’s Rights, sought to reform the child welfare system, citing pervasive and ongoing harm to children in foster care resulting from these systemic issues. There have been allegations of fraud within the state’s child care assistance program. A businessman was ordered to repay $422,000 for defrauding the program, highlighting issues of financial mismanagement within the system.
South Carolina,
The system has also been implicated in financial corruption, as evidenced by a health care fraud conspiracy involving false billing for children’s behavioral health services. Seven individuals pleaded guilty to charges related to this scheme, which involved submitting inflated bills and false medical records to Medicaid, ultimately defrauding the system of millions of dollars. As of the information provided, there are nearly 4,000 children in foster care across South Carolina.