Introduction
Foster children represent a vulnerable part of the human population that require special legal protection due to their exposure to risks such as mistreatment, rape, sexual abuse or assault, criminal behavior, child, child labor and neglect. Hence, the existence of a strong foster care system backed by legal and institutional frameworks is important to ensure maximum protection afforded to children placed under foster care. Foster children are usually children with no families or parents or those children whose parents can no longer take responsibility of their care and protection. In the US, each state has a Department of Child Protective Services that licenses foster care homes and oversees the assignment of foster children to foster parents in foster care homes or institutions. These state foster care institutions are under the federal Department of Health and Human Services. However, more often than not, foster care children are subjected to abuse and neglect hence the need to tighten the US child protection laws to conform to contemporary international children’s rights protection standards under the UN CRC another international legal instruments.
Purpose and Objectives
This study seeks to examine the effectiveness of the US child welfare laws with regard to the protection of foster children.
Justification for and Significance of the Topic
This study is justified by the fact that because the US has not ratified the International Convention on the Rights of the Child (CRC), its child welfare protection laws fall short of the international human rights standards on child protection.
Research Methodology
This research study will make use of available literature materials on foster children protection. The research will mainly use secondary sources of data including books, peer reviewed articles and relevant domestic laws on foster care and international human rights instruments.
Literature Review
According to Marqie and Behrman (2004), children who are placed in foster care are normally those who have undergone series of suffering such as neglect, poverty, maltreatment and emotional disorders. As a result, these authors argue that these children usually have mental and physical health problems which are worse than those children who live in high risk families hence there is need for an assessment of these children’s health and developmental care needs before being placed in foster homes or institutions. Further, a study by Wildeman and Waldfogel (2014) traces the history of foster care and child protection laws in the US to the passage of the Child Abuse Prevention and Treatment Act of 1874 and the subsequent enactment of the Social Security Act in 1935 which created the Children’s Bureau. The Children Bureau was conferred with the power to collaborate with the public welfare agencies in the establishment, extension, and strengthening of child protection laws relating to the homeless, neglected and dependent children or those who are in danger of being delinquent. According to these authors, children who have been placed in foster care need special protection due to their exposure and vulnerability to problems such as mental health problems, poor learning outcomes and homelessness. Stone (2014) also argues that current studies reveal that neglected or abused children who have been placed in foster care in America face more challenges as compared to children with families and argues that the US foster protection system for children is flawed and need reforms. Moreover, a a study by Oswald, Heil and Goldbeck (2009) found that foster children are exposed to developmental delays, maltreatment and mental health disorders.
Conclusion
In light of the above brief review of literature on the US foster children protection, this study recommends that there is need for the US foster care laws to be relooked and reformed in order to guarantee maximum protection to foster children.
References
Bass, S., Shields, M.K., & Behrman, R.E. (2004, winter). Addressing the Needs of Children in Foster Care. Children, Families and Foster Care, 14 (1), 5-29. Retrieved May 20, 2016, from http://www.futureofchildren.org/publications/journals/article/index.xml?journalid=40&articleid =132§ionid=866
Oswald, S.H., Heil, K., & Goldbeck, L. (2009, December 10). History of maltreatment and mental health problems in foster children: A review of the literature. Journal of Pediatric Psychology, 35 (5), 462-472. Doi: 10.1093/jpepsy/jsp114
Stone, D. (2014, May 12). U.S. foster care: A flawed solution that leads to long-term problems? Stir Journal. Retrieved May 20, 2016, from http://www.stirjournal.com/2014/05/12/u-s-foster-care- a-flawed-solution-that-leads-to-more-long-term-problems/
Wildeman, C., & Waldfogel, J. (2014 May 7). Someone’s children or nobody’s children? How the sociological perspective could enliven research on foster care. Annual Review Sociology Journal, 40, 599-618. Retrieved May 20, 2016, from http://www.ncbi.nlm.nih.gov/pmc/articles/PMC4243611/
