The Consequences of Negligence: Injuries Faced by Foster Children
Children in foster care face a higher risk of neglect and abuse compared to children in the general population. Negligence by foster parents can result in serious physical, psychological and emotional harm. It is critical to understand the consequences of negligence in order to improve protections and prevent further injuries.
Physical Injuries
Physical abuse and neglect can leave lasting scars on children. This includes bruises, burns, broken bones, head injuries, damage to internal organs, and other traumatic wounds. Studies show foster children are more likely to have chronic health problems compared to other children, with 30-80% of foster children having at least one chronic health problem. They are also three times more likely to have emotional, behavioral or developmental issues. Without proper medical treatment, the impact of physical injuries can be severe and long-lasting. The pain and disability caused by untreated injuries can negatively affect education, employment, and quality of life.
Psychological Trauma
Experiencing negligence as a child often leads to psychological trauma. Common effects include anxiety, depression, post-traumatic stress disorder (PTSD), attachment disorders and developmental delays. Psychological trauma early in life can alter brain development and lead to cognitive impairments. Therapy and counseling are needed but may not fully reverse the damage. The trauma of neglect stays with many survivors for life, affecting their ability to maintain relationships and succeed in school or careers.
Increased Risk Factors
Children who experience neglect are more prone to risky behaviors such as violence, substance abuse, and unsafe sexual practices later in life. They are also less likely to succeed academically and more likely to have trouble finding employment. The downstream consequences include higher poverty rates, incarceration rates, and incidence of preventable disease. Breaking this cycle of trauma requires providing stability, support and opportunities for healing.
Difficulty Forming Relationships
Healthy social relationships are essential for wellbeing. However, many foster kids have difficulty forming secure attachments and trusting others. The betrayal felt when removed from their family combined with cycles of neglect from foster parents causes lasting emotional scars. Poor attachment makes it harder to have positive relationships. For survivors of negligence, intimacy and vulnerability in relationships remains a major challenge. This can lead to isolation, impact personal growth, and reduce quality of life.
Financial Toll on Society
Ultimately, neglecting foster children results in significant costs for society. Ongoing medical treatment, mental healthcare, social services, loss of productivity and increased criminality has a high price tag. One estimate put the financial burden associated with child maltreatment in the U.S. at $428 billion annually. Improved prevention and mitigation of harm due to negligence would benefit society economically.
What is the FFH/SFH Insurance Fund?
In California, the Foster Family Home (FFH) and Small Family Home (SFH) Insurance Fund offers liability coverage for foster parents and foster homes. The goal is to protect foster children who are not taken care of properly. This insurance fund was established to help compensate foster children who face harm while under approved care, as well as protect foster parents acting responsibly.
The Foster Fund may compensate foster children for valid claims of bodily or personal injury that happen during the course of the foster care relationship. This includes when foster care services are being provided and when children are present in the home.
The liability insurance does not cover crimes against foster children by their foster parents or where harm is intentional. There are additional exclusions outlined in the Health and Safety Code section 1527.3.
The insurance coverage limit per licensed home is $300,000 total for all claims that occur during any 12-month period. If claims exceed this amount, the excess is not covered by the Foster Fund.
The goal of the Foster Fund is to support foster homes and group homes acting in good faith by providing financial protection in cases of unintentional harm. At the same time, it aims to compensate foster children who face injuries or other losses while under approved care. This balance provides accountability while avoiding burdening well-meaning foster parents with excessive liability.
The Foster Fund delivers an important safeguard that benefits both foster families and the vulnerable children under their supervision. It represents one component of the broader system working to improve protections and care for foster youth in California.
Recommendations for Improvement
There are several steps that could help reduce the risk and consequences of negligence for foster children:
- Enhanced screening and training for foster parents
- Closer supervision and frequent check-ins after placement
- Better funding for physical and mental health services
- Trauma-informed therapy and support groups
- Educational assistance and vocational training
- Financial incentives for foster parents who meet higher standards
- Expanded insurance coverage and increased liability for confirmed neglect
Ultimately, reducing negligence requires making foster children a priority. Although the system continually improving, more work is still needed to prevent harm and make foster care safer. Ongoing reform efforts must continue to address this important issue.
The trauma inflicted on foster children through neglect and abuse can last a lifetime. Physical and psychological injuries sustain, relationships suffer, and risk factors increase. Broader societal consequences include increased costs for healthcare, social services, and criminal justice. Further progress is needed in California’s foster system to improve protections and limit the damage caused by negligence. With more vigilance and support, the cycle of harm can be broken.
If a child’s rights have been violated, speaking with a skilled child rights lawyer can help protect their interests. We specialize in this field and understand how to advocate for abused, neglected, or exploited children. We can advise on navigating the child welfare system, custody disputes, and lawsuits seeking justice in cases of injury or civil rights infringements. Our attorneys know how to build strong cases and get results in complex situations. Our developmental knowledge, legal expertise and compassionate approach can support and defend children in need.
For any child facing maltreatment or infringement of their rights, consulting us is advised to help protect their safety and pursue justice on their behalf.
Call us on 855-504-6099 to learn more.