| April 9, 1992 |
| The Honorable Pete Wilson
Governor of California |
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| The Honorable David Roberti
President Pro Tempore of the Senate      and Members of the Senate The Honorable Willie L. Brown Jr.
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The Honorable Kenneth L. Maddy
Senate Republican Floor Leader The Honorable Bill Jones
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| Dear Governor and Members of the Legislature:
Taking a child away from his natural parent is a last-resort decision that the State sometimes must make. The weight and importance of this wrenching decision is such that all logic dictates that the State must then see that the child has a better, fuller, healthier life than is possible with the natural parents. Unfortunately, the Little Hoover Commission has seen compelling evidence that this is not occurring. Children too often are cast adrift in a foster care system that fails to safeguard their lives and their futures. Despite spending $1.4 billion on welfare services for abused and neglected children, the State has failed miserably to ensure that these children, ripped from their troubled homes, are given the necessary nurturing for them to become well-rounded adults and productive citizens. The Commission has reviewed California's Child Welfare Services program for the second time in five years and is dismayed to discover that many of the same problems and trends are still evident. In the report that is being transmitted with this letter, the Commission documents its extensive concerns and issues five findings, as well as 16 recommendations for reforms that would substantially impact the quality of life for foster children. That children can come to harm--and even die--while supposedly under the protection of foster care is not in dispute. Recent newspaper stories have included:
It is an indictment of the State program that each of these children is now dead or irreparably injured. And it is enough to cause grave concern about the welfare of the approximately 81,000 children who have been removed from their homes--a number that is climbing dramatically each year. The Commission believes the State should take steps to safeguard these children and to enhance their lives by focusing on several fronts, including:
Children who have cried out to our hearts because of abuse and neglect should not bear the pain of finding themselves in even worse situations once the State has removed them from their parents. The State must take steps to improve the Child Welfare Services Program--for the sake of the children.
Chairman |
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EXECUTIVE SUMMARY
Currently, more than 81,000 children are in the foster care system, having been removed from their homes and their natural
families. These children are living in settings such as foster
family homes, group homes and specialized care homes. The costs of
placing and maintaining the children in these homes and of providing
county services to the children amount to approximately $1.4 billion per
year.
In response to widespread criticisms of the foster care system, the
federal government enacted the Federal Adoption Assistance and Child
Welfare Act of 1980 (Public Law 96-272), which required states to enact
specific reforms in order to continue receiving federal funds related to
foster care.In 1982, California incorporated the required federal
changes into state law through the enactment of Chapter 978 (SB 14,
Presley), which had the major goals of:
Since these reforms took place, a number of studies of the foster
care system have been conducted including a 1987 review by the Little
Hoover Commission that found a number of major problems in the
delivery of children's services in California.More recently, and primarily
in response to serious problems in Los Angeles County's foster care
program, additional reviews have been done by the California Legislative
Analyst, Auditor General and Senate Office of Research.There have
been few indications that the foster care system has improved; indeed,
all signs point to a worsening of conditions.
In July 1991, the Commission initiated this study of child welfare
services to follow up on the foster care portions of its 1987 report and
to identify and review any recent issues related to foster care.As a
result, the Commission developed the following findings and related
recommendations.
Recommendations
Recommendations
Recommendations
Recommendations
When government intervenes and takes over the responsibility of parenting children, it should be held to the same standards as the children's parents.Unfortunately, California's foster care system cannot even ensure the immediate safety and well-being of the children in the system, much less guarantee that these children will grow and develop into productive, well-adjusted adult members of society.Without true reform, the State's system will continue to remove children from their homes unnecessarily, encourage unstable placements, and perpetuate uncertainty regarding the safety and best interests of children.
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Abuse and neglect of children by those whom they love and trust most -- their parents -- is a horrifying
nightmare.Unfortunately, that nightmare does not
always end when children are "rescued" and thrust into
California's foster care system.Despite the good intentions of
those who shape and administer child protective services, all
too often the program does not deliver on its promises.
In this study, the Little Hoover Commission focuses on some of the key issues surrounding out-of-home placement for children in California.
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Background |
The foster care system in California is part of the Child Welfare Services Program, which falls under the
authority of the State Department of Social Services but
is administered at the county level.The program is responsible
for investigating allegations of child abuse, neglect and
exploitation; providing services to children and their families to
end abuse, neglect and exploitation; supervising children in
foster care through case management; and, when necessary,
working to place children in out-of-home care, either temporarily
or permanently.1
It is important to point out that an implicit goal of the Child Welfare Services Program is to provide the safety, stability, nurturing and guidance necessary for children to be able to grow up into productive, well-adjusted adult members of the community.This goal is most clearly articulated in a recent report issued by the California Child Welfare Strategic Planning Commission:
Currently, there are more than 81,000 infants, children and youths in out-of-home placements in California's foster care system.Each of these minors has been either: adjudged a dependent of the court because of child abuse, neglect or exploitation;
Once placed in foster care, the children are supervised by either the county welfare department -- as is the case for approximately 93 percent of the children4-- or the county probation department. The state, federal and county costs of maintaining foster children in out-of-home care facilities such as foster family homes, group homes and special homes for seriously emotionally disturbed youths, are budgeted to run more than $900 million in fiscal year 1992-93.5 The budgeted cost of counties' provision of child welfare services is an additional $500 million, bringing total annual costs for the Child Welfare Services Program to more than $1.4 billion for fiscal year 1992-93.6
The present Child Welfare Services Program reflects
federal and state changes enacted in the late 1970s
and early 1980s.These changes were sparked by
widespread criticism from child welfare professionals (social
workers, attorneys and academicians) of the services that were
provided to abused and neglected children and children in foster
care.7 Some of the specific criticisms:
In response to these criticisms, the federal government
enacted the Federal Adoption Assistance and Child Welfare Act
of 1980 (Public Law 96-272), which required states to enact
specific reforms in order to continue receiving federal funds
related to foster care.In 1982, California assimilated the
required federal changes into state law through the enactment
of Chapter 978 (SB 14, Presley).9 This legislation established
four separate child welfare services programs:
The major goals that Chapter 978, Statutes of 1982
attempted to accomplish through these four programs were to:
When counties do remove children from their homes,
they have an array of possible placement facilities
from which to select, depending on the children's
needs, including:
It should also be noted that children who are placed in
foster family homes or licensed small family homes, and who
require additional care because of a health and/or behavior
problem, are eligible for specialized care to be provided by a
qualified care giver.
There has been recent and intense focus on Child
Welfare Services in general and foster care in
particular. But the topic is not a new one for the Little
Hoover Commission. In 1987, the Commission completed a
wide-ranging report on the delivery of children's services in the
State of California.13 The report topics included child care,
runaway/homeless youths and abused/neglected children, and
the report's primary general recommendation was for the State
to establish a Children's Czar or a Commission on Children and
Youth to provide better coordination of all services to children.
Under the topic of abused/neglected children, the report
included an analysis of foster care and the State's Child
Welfare Services Program, and contained six related findings
and 11 related recommendations:
Findings:
Recommendations:
In the time since the Commission's report, there have
been few indications that the foster care system has improved;
indeed, all signs point to a worsening of conditions. In October
1990, the State Department of Social Services terminated its
contract with Los Angeles County and took over the function of
licensing foster family homes because of serious problems in
the county's licensing and placement activities. (This situation
is discussed in greater detail in Finding #4. )
Because roughly 41 percent of all the State's children
receiving these services are in Los Angeles,14 the focus on that
county's problems does not represent a singling out of one
geographical area. The size of the program makes any issue
in Los Angeles, in effect, a statewide issue.
Largely motivated by the Los Angeles situation, a series
of reports looked at Child Welfare Services late in 1990 and
early in 1991. The following are brief synopses of the reports'
findings.
In addition to the above studies, the State Department
of Social Services for the past two years has chaired a Child
Welfare Strategic Planning Commission to produce a long-term
strategic approach to Child Welfare Services. The commission,
which was composed of 34 individuals representing a broad
cross-section of those who deal with abused and neglected
children, completed a report in November 1991 that identified
the myriad needs of children and outlined general strategies to
meet those needs.
Finally, an event that occurred in 1991 and that has
potential for a significant impact on the State's foster care
system was the state-county "realignment" package of bills that
was enacted as part of the 1991-92 budget. In general, the
package:
The realignment package is aimed at: reversing a
pattern of yearly cutbacks in state funding for health, mental
health and social services; providing a source of funding
expected to grow yearly by seven or eight percent; and
increasing county flexibility, discretion and effectiveness. The
State's role in the realigned programs is supposed to be one of
oversight and assessment.18
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Scope and |
The Commission initiated its study of child welfare
services in California in July 1991. Its focus was to
follow up on the foster care portions of its 1987 report
on the delivery of children's services and to identify and review
any recent issues related to foster care.
To assist in framing potential issues for this study and to review the concepts and direction of this report, the Commission established an advisory committee on foster care. The committee included representatives of the State, county welfare departments, county probation departments, a county mental health department, education, county social workers, a research group and a group home operator. (Please see Appendix A for a list of the Commission's Foster Care Advisory Committee. )It should be noted that the composition of the advisory committee reflects only those parties who accepted the Commission's invitation to participate; the Commission also invited representatives from many other groups interested in child welfare services. The Commission held two public hearings on foster care; the first hearing was held November 20, 1991 in San Francisco and the second was held January 22, 1992 in Los Angeles. Both hearings addressed the issues presented in this report and elicited testimony from foster youths, parents of foster youths, foster parents, child advocates, special interest groups, a juvenile court judge, and representatives of the State Department of Social Services, county welfare departments, a county probation department, group homes, and a foster family agency. (Please see Appendix B for a list of witnesses providing testimony for the Commission's two hearings. ) In addition to the public hearings, Commission staff conducted extensive fieldwork by reviewing literature, publications and statistics related to children's services in general and foster care in particular. In addition, the Commission and its staff toured county facilities, foster family homes and group homes in San Francisco, and interviewed numerous individuals throughout the State. |
Report Format |
In addition to the Executive Summary, this report is presented in nine sections, the first of which is this introduction. The next five sections contain the study's five major findings and their corresponding recommendations, and the seventh section presents the Commission's overall conclusions. The eighth section includes appendices containing detailed information related to the study, and the ninth and final section contains the report's endnotes. |
| FAMILY PRESERVATION | |
Finding #1 |
The State's foster care system runs contrary to the preservation of families. |
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Despite the fact that children are best served by
remaining with their own families, California continues
to remove an increasing number of children from their
homes. Moreover, the children in the foster care system are
staying in the system longer. As a result of government's
failure to invest in less-expensive services that focus on
removing the problems from dysfunctional families rather than
removing the children, the State's costs continue to skyrocket
and children continue to be harmed by the removal from their
families.
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Generally, It Is
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Tragically, not all children can stay in their own homes
safely; nor can all children who are placed in out-of-home care return to their natural parents. It is a sad
fact of life that some families are so dysfunctional that the
children are better off by being removed permanently from their
parents and placed in other homes. Few people would argue,
for example, that it would be in the best interest of an 11-year-old girl to keep her in a family in which she was repeatedly
molested by her stepfather while her mother refused to believe
her, ignored her pleas for help, and continues to disbelieve the
child even after a court determined that the stepfather was
guilty. Nor would it be wise to return a 5-year-old boy to a
family in which each parent would periodically beat and/or
torture him by burning his buttocks with the end of a lit
cigarette. These types of children clearly need the love, care
and specialized services not available in their own families.
In general, however, children do best when they grow up with their own families. Some professionals estimate that between 35 percent and 70 percent of children who end up in foster care should not be there and can be severely damaged psychologically by the experience. According to a former chief of research and evaluation of the Children's Bureau of the U. S. Department of Health and Human Services:
One psychologist, in speaking of the dynamics of removing a child from his or her family, stated, "Once a child is placed outside his home, something basic changes. A family is a bit like a spider's web. It's a finely drawn, interconnecting set of relationships. Once a spider's web is broken, you cannot put it back together again."20 As an example, consider the effect such a break-up had on a 17-year-old girl who testified at the Commission's November public hearing. The girl told of how she and her 11-year-old sister were removed from her alcoholic mother's care only to drift from one foster home to another and be serviced by five different social workers. The girl said she received nothing but discouragement from the social workers and counselors she came in contact with and, despite her and her sister's pleas to have her family reunited, she was told she could not go home because no services were available to treat her mother. Prior to being removed from her home, the girl was an honors student in school and had a 3. 8 grade point average; since being placed in foster care her grade point average has plummeted to 2.0. The girl also spoke of now living in shame because she felt that, without knowing where she might be moved to next, she could not even give out her address.21
An alternative to removing children from their homes is
to remove the problems from the homes. Placement
prevention programs provide such an alternative
through family preservation services to children and their
families. Through intensive support and supervision, such
services help many troubled families whose children are at
imminent risk of removal to remain safely together in their
homes. Beginning in 1988, California has seen a total of 13
counties that have implemented, or have specific plans to
implement, family preservation programs.22
Across the nation, as well as in California, the programs
share some basic service characteristics in addition to the
fundamental goal of protecting children while preventing their
removal from home. Most often, specialized staff provide
services to the family as a unit, generally in the home.
Programs frequently have social workers on-call 24 hours a day.
Funds are generally available for the purchase of marketed
goods and services, like a housing deposit, the purchase of a
playpen, or car repair. Services are intensive and time-limited.
Small caseloads allow staff to devote many hours a week to
help families make the changes necessary to avoid out-of-home
placement. Linkage to community resources is provided to help
when the short-term service delivery period ends.23
Some case examples further help to illustrate the
mechanics of the programs:
After the incident, "I went home and just started
drinking. That's how I dealt with all my
problems," said the woman."I was in denial for
a long time. I blamed all my problems on
everybody else. I wasn't willing to take
responsibility for myself."
The first priority of the social worker from
Solano County's family-preservation unit was to
get the woman to stop drinking. At first the
woman did not think too highly of the worker.
"I thought she was being too hard on me, that
she wanted me to do all this stuff by myself,
and I wanted her to do it for me," said the
woman. But she acknowledged that the social
worker focused on her strengths, showing her
that she could take control of her life."I talked
to that lady (social worker) on the phone almost
every day for the last nine months. She has
been my support."Now the woman has her
children back, and the future looks considerably
brighter.
Through IMANI, a counselor works with each
woman to identify and appropriate immediate
services such as housing, financial assistance,
drug counseling and medical services. Other
services include: development of long-term
(one year) plans, including education and
employment goals and support services
necessary to maintain them; enrollment in
parenting and personal growth and development
classes; and provision of emotional and
practical support, direction and advocacy.
Moreover, the IMANI counselor identifies and
coordinates services using a group of
community agencies and resources that has
been convened by the Birthing Project.
Success cases of the program include a mother
of a minor in foster care who was allowed by
the court to reside as a boarder in the foster
home. Also, in a precedent-setting decision, the
court allowed one young mother to maintain
supervised custody of her infant on the
condition that she "volunteer" at the IMANI
office and receive on-the-job parenting
instruction and supervision from IMANI's staff.24
The social worker assigned to the case had the
family prioritize their goals, the first of which
was to find a new place to live. Within days,
the social worker found an appropriate house
four blocks away, arranged a lease and put
down a security deposit. Next, the family gave
up all but one of their pets to friends and
relatives. Then the kids were taken shopping to
purchase desperately needed clothes and new
bunk beds, and the mother bought a stove and
a washing machine. The state and Families
First, the family preservation agency involved in
the case, paid all the bills. Finally, the social
worker helped the family devise a chore chart
and encouraged the mother to enforce the
rules.
In total, the social worker spent four weeks with
the family, making herself available to them day
and night, whenever they had a problem. Both
the mother and the social worker now feel the
family will succeed in staying together.
Further, although the cash expenditures may
seem extravagant, the program does save
money in the long run. The average Families
First intervention, which lasts four to six weeks,
costs about $4,500 per family; traditional family
foster care placement in Michigan typically runs
between $10,000 and $14,000 per year per
child.25
By investing in the "up-front services" of a placement
prevention program, the government accomplishes two
important goals. First, by providing in-home services as
an alternative to out-of-home placement, children can avoid the
traumatic experience of being separated from their families and
their homes.26 An early round of studies conducted by the
founders of Tacoma, Washington's Homebuilders, the nation's
first family preservation program, showed remarkable success
rates: 94 percent of the children had avoided foster placement
three months after receiving the family preservation services,
and 88 percent had avoided placement at the end of a year.
Programs using different models had similar outcomes.
Maryland's Intensive Family Services claims that 95 percent of
families it served avoided placement 90 days after services
were provided, and that 90 percent had still avoided placement
after two years.27 According to Contra Costa County officials,
that county's program has kept 83 percent of families together
for at least one year.28 Other programs boast that between 61
percent and 97 percent of placements were avoided one year
after the programs began.29
Critics of these studies claim that they were conducted
without control groups to provide an accurate comparison to
families not receiving family preservation services and that such
high rates are inflated. Some feel that a more accurate
percentage of placement avoidance is closer to 10 percent.
Studies that did contain control groups, however, showed clear
advantages of family preservation services. (Please see
Appendix C for a brief discussion of the results of such
studies. )
A second goal that can be accomplished through
placement prevention programs is the reduction of the growing
cost of out-of-home care by helping many troubled families
whose children are at imminent risk of removal remain together
safely in their homes.30 A 1990 evaluation of the initial three
family preservation projects in California concluded that, after
only the first pilot year of the projects, the projects resulted in
savings of more than $1 million in direct costs of placing
children out of their homes.31 In Contra Costa County, officials
estimate that for every $1,000 spent on a child in the family
preservation program, it would cost $3,000 to keep the child in
a foster home for the same amount of time and as much as
$5,000 to put the child in a juvenile camp, which has very close
supervision.32 Another 1990 study projected that an investment
of $106 million in placement prevention programs in California
over four years would reduce the direct costs of placing children
out of their homes by $347 million over that same period.33 It
should be noted that these studies did not contain control
groups.
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Family
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Avery real danger associated with placement prevention
and family preservation programs is that they are not
appropriate for every dysfunctional family in need of
child welfare services. When physical violence or sexual abuse
is endemic to a family, there is no choice but to remove
victimized children from their home. For these children, such
crimes are so threatening that home preservation is not an
option.34
From that perspective, it is fortunate that only a minority of the children placed in out-of-home care are removed from their homes for reasons of physical or sexual abuse. On the following page, Figure 1 shows the reasons for the removal of all children who were placed out-of-home during calendar year 1991. (Please see Appendix D for definitions of the reasons for removal. ) Figure 1 As Figure 1 shows, of all the children removed from their homes during calendar year 1991, only 19.9 percent were removed because of physical or sexual abuse. The remaining 80.1 percent were removed for other reasons, such as neglect by the children's caretakers or violation of the law by the children.35 Some reasons included in the 80.1 percent figure, such as the death of a child's caretaker, would preclude family preservation services. For the vast majority of cases, however, reasons other than physical and sexual abuse would allow children to remain in their homes under a placement prevention program. It is also interesting to note that physical and sexual abuse have constituted a decreasing percentage of all reasons for removal in recent years. During fiscal year 1988-89, they were the reasons of removal in 22.5 percent of the cases; in fiscal year 1989-90 they decreased to 20.9 percent of all reasons. And in fiscal year 1990-91, physical and sexual abuse were the reasons for removal in only 20.3 percent of all cases.36 Meanwhile, the reasons for removal that are most directly related to parental substance abuse -- specifically, endangerment due to parental neglect, incapacity or absence -- have increased.37 The fallout of substance abuse as felt by the foster care system is discussed more fully in Finding #2.
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Out-of-Home
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As stated earlier, placement prevention programs exist in
California in only 13 counties. Moreover, the 13
counties in which the programs exist account for only
30.5 percent of all children placed in out-of-home care.38 It is
safe to say that, at this point in time, family preservation
programs are the exception rather than the norm.
Instead, California children continue to be removed from their homes in increasing numbers. Figure 2 shows the increase in the number of children placed in out-of-home care. Figure 2 As Figure 2 illustrates, the number of children removed from their homes increased by nearly 11,000 (15.5 percent) over the four-year period, going from 70,527 in fiscal year 1988-89 to an estimated 81,459 in fiscal year 1991-92.39 In 1991, the California Legislative Analyst compared California's placement rate with two other large industrial states -- New York and Michigan -- and with the nation as a whole. The comparison showed that, once population increases were accounted for, the rate was higher in California than the rates in New York and Michigan and almost double the national average.40 Another 1991 study had similar findings: Not only did foster care placement rates increase in more than three-quarters of California's counties, but of the 46 counties large enough to rank, 30 counties have rates higher than the national average and 4 counties have rates double the national average.41
As one might expect, the costs associated with out-of-home placements have increased likewise. Figure 3 presents out-of-home placement costs for a five-year
period.
Figure 3
As described in Figure 3, the cost of placing children in
out-of-home care has increased nearly $400 million (72.3
percent) over the five-year period, increasing from
approximately $553 million in fiscal year 1988-89 to a budgeted
$952 million in fiscal year 1992-93.42
An even more striking view of the increase in placement
costs is achieved when one considers that such costs
amounted to only $150 million in 1981-82, the last fiscal year
before the Child Welfare Services Program was restructured.43
In the 11 years since that time, the cost of placing children out
of their homes has increased more than $800 million, or
approximately 535 percent.
It is important to recognize that the cost figures
discussed above represent only the costs directly associated
with placing children out of their homes and in facilities such as
foster family homes, group homes and special homes for
seriously emotionally disturbed children; these costs primarily
are made up of basic caseload costs and grants to maintain the
children in the homes. The other portion of the Child Welfare
Services Program -- counties' provision of child welfare services
-- are not included, but have increased as well. In fact, child
welfare services costs have increased from nearly $392 million
in fiscal year 1988-89 to a budgeted $512 million in fiscal year
1992-93, an increase of about $120 million (30.6 percent).44 The substantial growth rate of child welfare services costs is magnified when one considers that such costs have nearly
quadrupled since fiscal year 1981-82.45
In projecting caseload and placement costs to the
future, the 1990 study, "10 Reasons to Invest in the Families of
California," concluded that, "[i]n the absence of an investment
in strategies which keep families safely together and prevent the
need for out-of-home care, by 1994 California's foster care
caseload will grow to 90,000 children and costs will double to
$1. 8 billion."46SUP> It is interesting to note, however, that these
projections, which were made in 1990, included caseload
estimates that were lower than actual figures. For example, the
report's projection for caseload in fiscal year 1990-91 was
62,800;47 actual caseload for that year was 81,064.48 Thus, the
report's projections actually may be understated and the future
costs of out-of-home placements could be even higher than
previously thought.
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Children Are
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Despite rhetoric about family preservation and
reunification, children are spending more time in foster
care after they are removed from their homes.
The 1990 study, "10 Reasons to Invest in the Families of California," revealed that children entering foster care in January 1988 left care more slowly than children entering in January 1985. For each 100 children entering foster care, 40 of the children entering in 1988 were still in care 18 months later, as compared to 28 of the children who entered in 1985. Over the three-year period, there was a 42.9 percent increase in the proportion of children who remained in foster care at the end of 18 months.49 More recent statistics also indicate an increase in the length of stay for children in foster care. A review of the children who have left the foster care system revealed that the percentage of children in foster care 18 months or longer increased between fiscal years 1988-89 and 1991-92. Table 1 shows the length of stay for children exiting the foster care system. |
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Table 1
Percent of Children Leaving Foster Care |
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| Fiscal Year | Fiscal Year | Fiscal Year | Fiscal Year |
| 1988-89 | 1989-90 | 1990-91 | 1991-92 * |
| 27. 5% | 28. 7% | 29. 6% | 30. 8% |
* Note: Figure for fiscal year 1991-92 is estimated based on data for 12 months ending
December 1991.
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As shown in Table 1, of the children who left the foster
care system in fiscal year 1988-89, 27.5 percent had been in
the system longer than 18 months; an estimated 30.8 percent
of the children leaving foster care in fiscal year 1991-92 will
have stayed in the system 18 months or longer.50
In further reviewing the data, it was also revealed that an estimated 13.4 percent of the children leaving foster care during fiscal year 1991-92 will have been in the system longer than three years, compared to only 10.8 percent of the children who left during fiscal year 1988-89.51 Another indication that children are not being returned to their natural homes comes from the caseload statistics for the Permanent Placement component of the Child Welfare Services Program. State law requires county social service agencies to find permanent alternative homes (through adoption, guardianship or permanent foster care) for children who cannot return to their parents after 18 months of reunification efforts. Thus, an increase in the Permanent Placement caseload would be the result of a growing proportion of children who remain in foster care at the end of 18 months. In fact, between fiscal years 1985-86 and 1989-90 there was a sharp increase in the number of children needing alternative homes; Permanent Placement caseloads increased approximately 148 percent during the period (from 14,300 cases to 35,400 cases).52 That upward trend has continued, as the estimated caseload for the Permanent Placement program in fiscal year 1991-92 is 41,756, which represents an increase of 18 percent.53 Unfortunately, the number of adoptive placements grew only at a slightly higher rate (19.5 percent) between fiscal years 1988-89 to 1991-92 (from 3113 placements to 3721 placements). Thus, very large numbers of children continue to languish in foster care, uncertain about their future. In contrast to the increase in the Permanent Placement caseload, there has been a decrease in the caseload for the Family Maintenance program, which has the primary goal of allowing children to remain with their families under safe conditions (thereby eliminating unnecessary placement in foster care). Between fiscal years 1985-86 and 1989-90, the Family Maintenance caseload declined from 31,600 to 29,800 (a 5.7 percent decrease).54 The caseload continues to decline; in fiscal year 1991-92, the Family Maintenance program will serve an estimated 27,036 (which represents an additional drop of 9.3 percent).55 The following statement in the report, "10 Reasons to Invest in the Families of California," is as applicable today as it was in 1990:
Tragically, the absence of a serious, proactive investment in "front-end" placement prevention and family preservation strategies has led to the increase in Permanent Placement and foster care caseloads. Until a serious investment in these front-end services is made, out-of-home care caseloads will continue to grow and more and more children will be denied the opportunity to grow within their natural families.56
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Bleak Future for
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Once a child's term in foster care is completed, his or
her life does not necessarily take a turn for the better.
Whether it is the effects of the foster care system itself
or the predisposition of the children who enter it, many of those
who leave foster care are destined for less-than-desirable
futures.
For example, a recent nationwide study of runaway youths has found that more than a third of the youths had been in foster care in the year before they took to the streets. In California, the percentage was even higher, topping the nation with 45 percent of the youths saying they had been in foster care in the preceding 12 months. This situation should be viewed as gravely serious given that runaways who become street kids are subject to a wide variety of medical problems and health-compromising behaviors, including suicide, depression, prostitution and substance abuse.57 In addition, a recent study of foster care graduates in California shows that many are poorly educated and cannot afford adequate housing. They suffer from chronic illnesses and drug and alcohol abuse, and are more likely to run afoul of the law. Other studies confirm that disproportionate numbers of children who stumble through foster care tend to end up on the streets or in prison.58
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Reasons for
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One of the reasons that family preservation has not
become the norm is that out-of-home placements have
become a tradition that is hard to break. Over the
years, child welfare reform has been focused around removal
first, then reunification. To change this philosophy has been
difficult, to say the least. An apt description of the attempts to
change was given at the Commission's November hearing by
the assistant general manager of the San Francisco Department
of Social Services:
As a consequence of relying on the traditional system of foster care, funding has not been primarily targeted at family preservation. One perspective on this occurrence is presented in a 1991 report by the National Commission on Family Foster Care:
The same can be said of funding patterns in California. For example, in fiscal year 1988-89, the State spent nearly $10 on out-of-home placement and related casework costs for every $1 spent on services to keep children and their families together.61 With the advent of family preservation programs in additional counties, more funds are being directed to keeping children in their homes; but, as shown earlier, funding of out-of-home placements continue to increase at startling rates.
While the overall costs of out-of-home placement have
continued to increase, it is the cost of group homes
that stands out. On the following page, Figure 4 displays the
annual costs of placing children in group homes for fiscal year
1988-89 through 1992-93.
Figure 4
As exhibited in Figure 4, the cost of out-of-home
placement in group homes has escalated from $323,141 in
fiscal year 1988-89 to a budgeted $522,685 in fiscal year 1992-93, an increase of $199,544 (61.8 percent).62 (The decrease in
costs in fiscal year 1991-92 is due to a freeze in group home
rates. )
During this same period, the cost of placing children in
foster family homes rose only $128,926 (from $220,649 to
$349,575), a 58.4 percent increase.63 However, the cost of
group homes represents nearly 60 percent of basic caseload
and grants costs for all out-of-home placements. Therefore, the
increase in the cost of group homes is a major factor in the
increase in the cost of placements.64
Another way to view the high cost of group homes is to
compare it against the cost of other types of out-of-home
placements. On the next page, Figure 5 shows such a
comparison in terms of the annual cost per child residing in out-of-home placement. Figure 5
Note:Figures represent most recent information available from various sources and may not necessarily
be reflective of the same period. For example, the costs of foster family homes and group homes
are for calendar year 1991; the other facilities are for fiscal year 1991-92.
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Summary
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Generally, it is best for children to remain with their natural families and, thus, it is most appropriate for government to invest in "front-end" services that work at removing the problems from families rather than removing the children. To date, however, California has not provided such an investment and, instead, has continued to rely on out-of-home placements. As a result, the numbers of children removed from their homes and the associated costs have spiraled upward. Further, children are staying in the system longer once they are removed from their homes. |
ecommendations
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FOSTER PARENTS
Finding #2Training, support services, screening and rates of reimbursement are woefully inadequate for the State's foster parents.
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| Individuals who elect to be foster parents have a critical need for comprehensive training to develop the skills
necessary to cope with today's troubled foster children and
youths. In addition, prospective foster parents should be
evaluated for their suitability for the task at hand. Further,
foster parents should be adequately compensated for the
responsibility of parenting these victims of abuse and neglect.
Because of a lack of sufficient training for foster parents,
however, foster children and youths do not receive even the
minimal necessities, such as the nurturing and guidance they
need to overcome their disadvantages and become productive,
law-abiding adults. Even worse, they may be exposed to
potentially abusive situations. Moreover, the lack of adequate
training, support services and compensation results in a
shortage of qualified foster parents in the State and a
consequent reliance on more costly types of placement facilities.
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Today's Troubled
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The volumes of literature available on the subject of
effective parenting enumerate the myriad skills
necessary to successfully guide any "ordinary" child
through his or her development into a well-adjusted adult. By
definition, foster children have problems not experienced by
"ordinary" children who have not suffered abuse or neglect.
The trauma associated with being abused or neglected usually
manifests itself in physical, emotional, psychological and/or
developmental impairment. Thus, it stands to reason that
effective parenting of foster children requires even greater skill
than for "ordinary" children.
Despite this logic, historically there has been an assumption that foster parents do not require special skills. Only in recent years has there been a gradual shift in what is expected of foster parents; foster parents have evolved from merely being a substitute parent to playing a major role in the treatment support of very troubled children and youths and for supporting the goals of permanency planning. Since the passage of Chapter 978 (SB 14, Presley) in 1982, the population of children who remain in foster care has changed dramatically. Children who are the most severely abused or neglected -- thus, those who exhibit the most serious physical, emotional, psychological and/or developmental damage -- are the children least likely to be candidates for family reunification or to be adopted. Instead, these are the children most likely to become permanent foster care or group home placements. Moreover, the demands placed on foster parents have escalated given that the types of children entering the foster care system today are more "damaged" than children who have entered the system in the past. The Commission received substantial testimony at both of its public hearings asserting the deterioration of the emotional, behavioral, developmental, physical and psychological condition of children and youths entering foster care. For example, an assistant general manager at the San Francisco Department of Social Services attested, "The challenges facing foster parents have changed dramatically in the 18 years I have been a child welfare professional. Due to a variety of systemic ills such as unemployment, substance abuse and the lack of affordable housing, children are coming to foster care in record numbers with increasingly severe problems.77 "This conviction was echoed by a deputy director at the State Department of Social Services who stated:
In addition, many of the documents reviewed during the course of this study's fieldwork commented on the increasing instability of those entering the foster care system. Consider the declaration of the National Commission on Family Foster Care:
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Drugs Are A
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As can be seen from the above quotations, the increase
in substance abuse in our society often is named as
the culprit for this condition. The percentage of foster
care cases that are drug-related is astronomically high. At the
Commission's November 20 hearing, the assistant general
manager of the San Francisco Department of Social Services
testified, "Eighty percent of these children are in foster care
because of parental substance abuse and many of them have
complex physical, emotional and developmental problems due
to substance exposure in utero."One juvenile court judge from
San Diego testified at the Commission's January 22 hearing that
90 percent of the cases that come before her are involved with
drugs. She went on further to state that substance abuse was
not an ethnic minority problem and that the cases that come
before her "are roughly mirroring the community."80 At the
same hearing, the director of the Los Angeles County
Department of Children's Services stated that the number of
children in his county's foster care system has swelled mostly
because "crack cocaine came ripping into this community like
wildfire."He went on to indicate that drugs are a problem in
four out of five families whose children are in foster care.81
The State's statistics on the reasons for removing children from their homes corroborate the concern that substance abuse has become an increasing problem. Endangerment resulting from parental neglect, incapacity or absence are the principal findings used by the juvenile court to place children in foster care when a parent with a drug problem cannot provide appropriate care and supervision.82 For the foster children supervised by county welfare departments, (rather than county probation departments, which would not be reflective of substance abuse problems with families), these types of endangerment also are the primary reasons the children have been removed from their homes. Below, Figure 7 provides a comparison of the numbers of welfare department-supervised children, by specific reason for removal, for the fiscal years 1984-84, 1988-89 and 1991-92. Figure 7
Note: Figures represent average monthly number of children in foster care.
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Table 2
Outcomes for Drug-Exposed Infants - Fiscal Year 1988-89 |
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| Number of Cases Referred Due to Positive Toxicology | Number of Dependency Petitions Filed | Percent of Children Declared Dependents | Percent of Dependents Placed in Out- of-Home Care |
| 5,219 | 3,685 | 86% | 68% |
Note: Only 34 counties reported detail on referrals, only 29 counties reported on juvenile court actions,
and only 26 counties reported on placement outcomes (for 2,783 cases).
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| As shown in Table 2, in 86 percent of the 3,685 cases
in which dependency petitions were filed by counties, the child
was declared a dependent of the court. Further, of the 2,783
cases for which information was provided by 26 counties, 68
percent resulted in the child being placed in out-of-home care.87
As further evidence of the growing problem of drug-exposed babies, the advocacy group Children Now reported in 1991 that experts estimate that between 72,000 and 85,000 babies are born exposed to drugs or alcohol in California-- between 13 percent and 15 percent of babies born each year. The report adds that public hospitals in Los Angeles, Oakland and San Francisco report between 10 percent and 25 percent of births show positive urine toxicology screens for illicit substances, and that survey information from throughout the State shows that the problem is increasing.88 At the Commission's January hearing, the director of Los Angeles County's Department of Children's Services confirmed this report, stating, "We have indications that 10 percent of the babies born in Los Angeles are drug-addicted."89 But drug-exposed babies are only one part of the new wave of problem-plagued children and youths entering the foster care system. Consider the following case examples of recent removals that are unlikely to have occurred 20 years ago:
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To Gain Skills,
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It is painfully clear that children entering the system today require skilled care from foster parents. No longer does
foster parenting require only maternal or paternal instincts
and having one's heart in the right place. Effective foster
parenting now requires that foster parents be capable, multi-skilled and able to perform a number of different functions.
One social worker explains the requirements of foster parenting:
Obviously, the types of skills and knowledge required of foster parents are not inborn; nor are they likely to be attained based on "regular" parenting experience. Rather, the specialized skills needed to deal with the troubled foster children of today can only be acquired through training. The types of training needed by foster parents begins with basic information on the goals and activities of foster care services and the rules, regulations, policies and expectations of the county agency supervising the foster children. Other prerequisites that are basic to effective foster parenting include: understanding of human behavior; familiarity with normal and exceptional child development; and practical parenting and behavior management skills.94 Further, the training may be "pre-service," (before the licensure of a foster parent), or "in-service," usually on an annual basis. In testimony delivered at the Commission's January hearing, one foster parent told of how she had been invited to take training and how, once she received the training, she could not understand why she had not been required to take it. She further spoke of some of the issues covered in her training in which she had no previous education and which she felt should have to be addressed as prerequisites to becoming a foster parent, such as: abandonment, loss and grief on the part of the foster child; discipline; and birth parents and reunification.95 The director of the Los Angeles County Department of Children's Services went one step further: He not only recommended that training be required as a prerequisite to the licensure of foster parents, he suggested that there be psychological testing for potential foster parents prior to licensure so as to identify foster parents particularly vulnerable to the stresses of foster parenting.96 At both of the Commission's public hearings, every witness who testified regarding training for foster parents indicated that more training was necessary. Included in this group was the president of the California State Foster Parent Association, who stated:
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Training Is
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Despite the obvious need for training, there are no state statutory or regulatory requirements for the training of
foster parents in California. In fact, according to the
most recent (1988) national survey conducted by the National
Foster Parent Association on training, California was one of only
five states that reported not having statewide pre-service
training either on a voluntary or mandatory basis. Of the 34
responding states, 25 provided statewide mandatory pre-service
training for prospective foster parents; 4 states provided training
on a voluntary basis. In the 25 states where pre-service
training is mandated, the required number of training hours
averaged 14. 8, ranging from 6 hours to 30 hours.98
In the same survey, California was not among either the 14 states that reported providing mandatory in-service training for foster parents, or the 12 states that reported providing voluntary training.99 Instead of statewide training in California, training may be required at the county level. A total of 38 counties require pre-service training prior to licensure, and 28 of those counties also require in-service training as a condition of continued licensure. Twenty counties, including Los Angeles, do not require foster parent training of any kind. Table 3 shows the amount of hours required by counties in both pre-service and in-service training. |
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Table 3
Amount of Foster Parent Training Required by Counties | ||||||||||
| Number of Hours Required by Counties | ||||||||||
| None | 1-3 | 4-6 | 7-9 | 10-12 | 13-16 | 17-20 | 21-24 | 25 or more | ||
| Pre-service Number of Counties | 20 | 11 | 9 | 5 | 7 | 2 | 1 | 0 | 3 | |
| In-service Number of Counties | 30 | 0 | 3 | 6 | 7 | 1 | 7 | 2 | 2 | |
Note: Figures are subject to consistency and accuracy of data reported by counties.
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| As shown in Table 3, of the 38 counties that mandate
pre-service training, only 6 require more than 12 hours of such
training. Further, of the 28 counties that mandate in-service
training, only 12 require more than 12 hours of such training.
To put the amount of county-required training into statewide perspective:
To give an idea as to how much training should be required, the coordinator for foster parent training at one California community college recommended that foster parents receive 30 hours of pre-service training and 30 hours of in-service training annually.100 Thus, based on the lack of statewide training mandates and the relatively few hours of training, if any, required by the vast majority of counties, it is fair to say that foster parent training has not received a high priority in California. This conclusion is drawn despite the obvious need for such training.
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Need for
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Another area that cries out for greater attention is the
screening of prospective foster parents. The only
statutory or regulatory requirements related to the
qualifications of foster parents are that foster parents cannot
have criminal records; they must have enough income to meet
their own needs; they must be over 18 years of age; they must
pass a health screening; and they must have no substantiated
allegation of child abuse on file.101 In determining whether an
individual is qualified to be a foster parent, there are no criteria
regarding the individual's parenting abilities or experience,
behavior management skills, or suitability for the provision of
the care, nurturing and guidance needed by foster children and
youths. Likewise, there are no standards for an individual's
psychological well-being and emotional stability, including
vulnerability to stress.
Instead, as some children's advocates say, "the state pays too much attention to the physical conditions of the homes, and not enough on whether the parents are emotionally capable of raising children who often have psychological problems."102 "They are not looking at what the foster parents know and what kind of people they are," said the executive director of the Association of Children's Services Agencies. "They look at, `Do we have an extra bed?' and that kind of thing."103
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Although
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As indicated earlier, foster parenting is not the same as
parenting one's own children. Given that today's foster
children and youths exhibit much higher rates of
physical and emotional illness and developmental and emotional
problems than non-placed children of the same age,104 it is no
surprise that foster parents endure a greater amount of stress
than what is generally experienced by "ordinary" parents. Thus,
foster parents need certain support services if they are going to
succeed at being effective foster parents.
Among the services needed are support and consultation from skilled social workers, respite care, day care, and immediate response to crisis situations.105 In addition, foster parents who provide treatment or specialized foster care need weekly and sometimes daily consultation with qualified social work staff, professional development, and partnership in problem-solving and evaluation as part of an interdisciplinary team.106 Further, because of the stress involved with the job, support groups are needed for all foster parents. Unfortunately, according to a number of the witnesses that testified at the Commission's public hearings, such necessary support is not routinely available to foster parents. And, as is often the case regarding other aspects of the foster care system, limited resources and overburdened social workers are cited as the cause. The lack of adequate support services is particularly evident when relatives are used as foster parents. And the use of relatives as foster parents is not an infrequent occurrence. When out-of-home placement of a child is required because of abuse or neglect, state law directs that the first priority for placement shall be with a relative of the child, so long as such placement is in the best interests of the child.107 Not surprisingly, after the enactment of the law, placements with relatives increased dramatically. The 1990 study, "10 Reasons to Invest in the Families of California," states that "[a] comparison of the location of placements in 1985 and 1989 indicates that county social service agencies are substantially pursuing this policy goal. While total out-of-home placements increased 81.4 percent during this time period, placements in the home of a relative/guardian increased over 200 percent."108 Recent data indicate that county welfare departments continue to make placement with a relative the first priority. On the following page, Figure 8 displays the types of placements made by county welfare departments during calendar year 1991. Figure 8 As Figure 8 illustrates, 43.2 percent of the placements made by county welfare departments during calendar year 1991 were with relatives of the children being placed.109 Relative placements represent an increasing proportion of all placements when compared to: fiscal year 1984-85, when placements with relatives constituted only 27.1 percent of all placements;110 and fiscal year 1988-89, when such placements made up 39.9 percent of all placements. Maintaining the ties of children with their families through placement in a relative's home should be pursued as part of a broader effort to promote extended-family preservation. Like non-related foster parents, extended families that care for related children play an important role in the family reunification effort and they need training and agency support services to assist them with that role.111 But training and support services are even more scarce when it comes to relative foster parents. Often, the limited services that are extended to non-relative foster parents are not available at all to relative foster parents.
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Reasons for Lack
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Of the reasons for the inadequacy of training and
support services for foster parents, costliness is
paramount. The establishment of a statewide program
for pre-service and in-service training would be a costly
undertaking, indeed. As an indication of the potential cost,
training for prospective adoptive parents in Los Angeles County
runs about $3,000 per person. On a statewide basis, such
costs for pre-service foster parent training would appear
substantial. In attempting to obtain more funding, the State
Department of Social Services estimated that it would cost $17
million to provide training statewide.112
Such costs, however, pale by comparison to the consequences of ill-trained or untrained foster parents. As the director of Los Angeles County's Department of Children's Services said, "You start to project that [training cost] to a statewide basis and it is pretty significant. But on the other side of the coin, taking risks with children is intolerable and if this can minimize the risk, I think it is well worth it."113 Also, the costs of such an endeavor could be mitigated, in large part, by taking maximum advantage of federal funds that are available for training foster parents. Title IV-E of the federal Social Security Act is a program that provides federal cost-sharing for, among other things, training and administrative costs associated with managing child welfare activities. By participating in the program, counties can get federal matching funds to cover 75 percent of their training costs. For example, the Los Angeles County Department of Children's Services uses Title IV-E matching funds to contract with a consortium of three universities' Schools of Social Work to provide core and enrichment training programs for the department's social workers.114 There is concern, however, that not all counties are making full use of this opportunity. Further, it is not clear to what extent the State has provided counties the direction to take maximum advantage of federal funding. In fact, the California Legislature recently passed legislation (AB 840, Hannigan) that, among other things, would have required the State Department of Social Services to seek the maximum federal reimbursement possible for services provided under the AFDC foster care program and Child Welfare Services Program, and required the Health and Welfare Agency to explore ways to maximize federal funding for these programs. The Governor, however, vetoed the bill, stating in his veto message: "Because of the well-recognized fiscal exigencies, the [Health and Welfare] Agency and its departments are already aggressively maximizing federal financial participation for all federal programs. Allocating staff to research, study, and make recommendations to the Legislature would only redirect resources from other important program priorities." Another concern contributing to counties' unwillingness to require more training is that fewer people will want to become foster parents. Additional requirements could be perceived as more burdensome "red tape," a disincentive to potential foster parents. Addressing this concern at the Commission's January hearing, the president of the California State Foster Parent Association indicated that the concern is unwarranted and that the benefits outweigh the costs, stating:
A downside to mandating a substantial number of hours of pre-service training was experienced in one county. San Francisco previously required 30 hours of pre-service training as a prerequisite to licensure. At one point, however, the county also was implementing a major effort to recruit more ethnic minority foster parents. What the city and county found was that the length of time it took to train the prospective foster parents "logjammed" the process of making more foster parents available to take placements. To remedy the situation, San Francisco reduced its pre-service training requirement to 20 hours. Regardless of the cause for inadequate training and support services for foster parents, the need for the training and services is so great that the consequences of "doing without" are enormous.
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High Price to
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Effective parenting is difficult enough to achieve even
when children and youths have not been abused or
neglected. Without proper training, foster parents are
ill-equipped to deal with today's troubled children and youths.
In regard to the foster parents, the adverse effects are found in
high rates of attrition. Frustration, burnout, and abandoning
one's role as a foster parent occur more frequently when foster
parents are repeatedly required to perform tasks and assume
responsibilities that are (or are perceived to be) beyond their
capabilities.116
But it is the effect on foster children that is of even greater concern. At a minimum, the children and youths are not getting the appropriate guidance needed to overcome the circumstances that landed them in foster care. In the most severe cases, the stress felt by foster parents who cannot handle troubled children results in the parents' taking out their frustrations on the children. This was the apparent reason for the following tragedies:
In testimony at the Commission's January public hearing, the vice president of the Los Angeles County Foster Parents Association stated that abuse occurs in foster homes where parents are not trained and do not know how to deal with the foster children's issues.120 As a result of not screening prospective foster parents, there is a greater likelihood that unqualified individuals will be caring for abused and neglected children. Consider the tale related by a former foster youth, who, at the age of 14, was forced by his foster father at gunpoint to have sex with his foster mother. The foster father beat him and other children in the home; the foster mother punished bad behavior by dipping the wrongdoer's fingertips in scalding water."They need to screen places a lot better," said the former foster youth, who now lives in a downtown residential hotel.121 Some would argue that such horror stories occur in only a minority of cases which command significant publicity. In fact, a State Department of Social Services official testified at the Commission's November public hearing that problems occur only in an estimated 10 percent of the State-licensed facilities in California and speculated that a similar percentage of foster family homes have problems.122 Even if 10 percent strikes some as being rather low, the lives and well-being of the children and youths in those "problem homes" dictate that any percentage greater than zero is far too material to be ignored.
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Better
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Given the difficulty of dealing with today's troubled children and youths, it is only fair to adequately reimburse foster parents for the costs they incur. The reimbursement paid by the State to foster parents, however, does not cover food and other basics it is intended to cover. For example, Table 4 displays the State's current reimbursement rates: |
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Table 4
Statewide Basic Rates for Foster Care Effective Since July 1990 | |||||
| 0-4 | 5-8 | 9-12 | 12-14 | 15-18 | |
| Basic Monthly Rate | $345 | $375 | $400 | $444 | $484 |
Source:Foster Care Program Bureau, State Department of Social Services | |||||