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RUNNING HEADER: Child Abuse and Neglect in the Foster Care System

Child Abuse and Neglect in the Foster Care System


Rebecca Bilokon
First Colonial High School
Legal Studies Academy

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Abstract
This paper is about child abuse and maltreatment in the foster care system. The author begins by
looking at the three main types of abuse: physical, sexual, and emotional abuse. The paper then
delves into the foster care system and its history and then into the specifics of abuse in the foster
care system. The major part of this paper is looking into the department of child services and
how its failed to protect the children for various reasons. These reasons include: the funding
being cut yearly, workers quiet, too big of a caseload, and unexperienced workers filling in. The
paper delves into certain Acts enacted to protect children such as the Adoption and Safe Families
Act of 1997 and the Child Abuse Prevention and Treatment Act of 1974.

Child Abuse and Neglect in the Foster Care System

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Child Abuse is the third leading cause of death of American children under the age of
four. Children ages zero to three are most likely to experience abuse ("Child Abuse Facts," n.d.).
Most of the time child abuse is only thought to incorporate physical abuse, but it actually
incorporates four categories: physical abuse, neglect, sexual abuse, and mental abuse. There is no
one set definition of child abuse because each state has its own definition. Children are primarily
taken out of their home for being abused or neglected by a parent. When there is a need to
remove a child due to safety reasons, child welfare agencies step in and place the children into
foster homes. When the parental rights are terminated, thats when the social workers take over
the case and try to find a home for the children ("About the Issue," n.d.). The neglect and
maltreatment social services and the foster care system shows toward children threatens their
overall physical and mental wellbeing. This risk keeps arising because both social services and
the foster care system is stretched too thin and arent taking the step to make sure the children are
being placed in safe and loving environments.
Main Types of Abuse
Physical Abuse
The United States has one of the worst records compared to other industrialized nations,
losing on average between 4 and 7 children every die to abuse. Physical abuse is any nonaccidental act that results in physical injury. The abuse usually happens when an adult is angry or
frustrated with the child. They strike, shake, or throw the child. More common forms of this
deliberate abuse are: biting, poking, cutting, burning, twisting limbs, or other forms of torturing a
child. There are several indicators that could give signs to physical abuse. The location and type
of injury is important because it can be an indicator of abuse. Padded areas such as the butt and
cheeks are suspicious because its harder to bruise those areas. Bruises on the upper lip, ears, and
the neck also cause suspicion because its difficult to accidentally fall or bump on these areas.
Behavioral indicators are also used to determine abuse. Behaviors such as being excessively

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aggressive, violent or destructive, cruel toward animals, depressed or suicidal are all concerning
behavior for children. Lastly, the types of injuries that can cause suspicion are Damage to skin
and surface tissue such as: abrasions, bruises, and lacerations, and damage to the brain such as:
head injuries and abusive head trauma. These kind of brain injuries are the most common
injuries that result in death. Also, damage to other internal organs and damage to the skeleton are
both concerning injuries as well (American SPCC, n.d.). Currently, spanking is a controversial
topic because some believe its a form of physical abuse. Its hard to define because culture has a
big part of defining physical abuse. In a lot of countries spanking is used as a form of
punishment toward a child, and they dont see it as physical abuse. In America, people see this as
physical abuse because it may leave a mark on the childs skin, so culture has a big play on
defining physical abuse. Child abuse in America is different than how its defined in Europe and
other parts of the world because certain cultures have traditions and healing processes that some
may think to be physical abuse (Sanchez-Gomez 2012).
When people are young, they look toward their parents for safety, security, nurturance,
and love. But when this relationship turns dark, the child feels a sense of betrayal and a negative
schema, or a set of beliefs develop. This impacts a persons ability to develop healthy and mature
relationships. They dont develop the capacity to have a good relationship with people for the
rest of their life. Researchers have explored the relationship between childhood trauma and later
health care concerns. Studies show that around 30% of abuse victims go on to abuse children in
the future ( Kolvin, Campbell, Glasser, Leitch, & Farrelly, 2001).
Sexual Abuse
Child sexual abuse is any form of abuse that refers to a childs involvement in any forced
sexual activity. This includes activities such as sexual gratification or financial benefit to the
perpetrator, including contacts for sexual purposes, molestation, statutory rape, prostitution,
pornography, exposure, and incest. Most sexual assault can be broken into three different

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categories: touching sexual assault, non-touching sexual assault, and sexual exploitation. Sexual
abuse is difficult to prove because most of the time the only evidence is the childs statement, so
the issue arises around whether or not the childs statement can be trusted. Behavioral changes is
one of the first signs of sexual abuse. Although this change is often misinterpreted because no
one wants to accept that a child has been sexually abused. Sexual abuse is usually discovered in
one of two ways. The first is if the child comes forward, directly, and the second is indirectly, if
someone sees the act, if the child contracts a sexually transmitted disease, or if the child gets
pregnant. Many times sexual abuse doesnt get reported until the victim is in their 40s and 50s.
This is due to how traumatized they were as a child (American SPCC, n.d.).
The effects of sexual abuse stay with a child long after childhood. This form of abuse
robs a child of their childhood and adolescence. Once a child is sexually abused, that cant ever
be undone or forgotten. Likewise with physical abuse. Children feel betrayed and this affects
their ability to make healthy relationships as adults; more specifically they have a hard time
forming healthy intimate relationships. Children also develop many emotional and psychological
problems. It can lead to antisocial behavior, depression, identity confusion, loss of self-esteem
and other serious emotional problems (American Humane Association).
Emotional Abuse
Emotional abuse is the emotional maltreatment of a child; this can seriously damage a
childs emotional health and development. Just as physical abuse bruises the outside of the body,
emotional abuse can leave a child bruised on the inside. Children in this circumstance undergo a
unique form of abuse. Rather than using hands, belts, or sexual acts, a child endures hurtful
words and the cold sense of unworthiness. One of the main components of emotional abuse is the
absence of positive interactions from adult to child. Specific examples include verbal assault
(belittling, screaming, threats, blaming, and sarcasm), unpredictable responses, continual

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negative moods, constant family discord, and chronically communicating conflicting messages.
This is especially true for neonates, toddlers, and infants. When they are treated like this, they
become withdrawn from people and lack the skills needed to form basic social and language
skills (American SPCC, n.d.).
Emotional abuse takes a serious toll on a childs social abilities. They become withdrawn
and dont learn the proper ways to form conversations and healthy relationships with new people.
Experiencing child maltreatment has been tied to multiple negative consequences. Some of these
include post-traumatic stress disorder, depression, suicide, substance abuse, and obesity. Though
the long term effects havent been tested and studied often or widely, the few can deduce the rise
in depression, anxiety, somatic complaints, and difficulties in interpersonal relationships
(American SPCC, n.d.)
Children most at risk for any type of abuse are young children or children with
disabilities or who are handicapped (Hobbs & Hobbs, 1999). This is because these are the
children who are most vulnerable and need an adult more than the older children who could
potentially fight back.
The Foster Care System
Children are usually placed in the foster care system because their home has been deemed
unsafe for the child to live in. English Poor laws in the 1500s allowed for children to become
indentured servants until they became adults. In the 17th century, there were two types of groups
before foster care took over: orphans and children of paupers (Sanchez-Gomez 2012). This
practice was introduced to the United States which began the practice of foster care. Back then
children were mainly put into foster care because their guardians were deceased rather than being
abused like it is today. In the early 1900s, social agencies developed and began to pay and
supervise foster parents. This is when it became like a business; records were kept, evaluations
were made, and foster parents were evaluated on their ability to care for the child. Today,

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children can be placed in different kinds of foster homes such as single foster families which is
where up to six children can live with one family, group homes with lots of other children, or
kinship care which is when children are placed with a relative or someone the child new before
being removed from their biological home (FindLaw, n.d.).
According to the most recent statistics by the AFCARS Report, there were 415,129
children in the foster system as of September 30, 2014. In the same year, 264,746 children came
into the foster care, which was 9,666 children more than in 2013. The amount of children
entering in the foster care system is steadily increasing. In 2010 there were 404,878 children and
only four years later the number has increased by more than 10,000 children. The largest age
group in the foster care system is children between zero and one. Eight percent or 33, 264
children are one year old in the foster care system (Childrens Bureau). Some of the reasons
children come into the foster care system is because they were already physically, sexually, or
emotionally abused by their parents or caretakers (Sanchez-Gomez 2012).
Abuse in the Foster Care System
Statistics on abuse in the foster care system are practically impossible to find, but there
are plenty of cases of when it happens. The New Jersey foster care system reported that in a year,
1 in every 5 foster children reported to be abused while living in a foster home (Terez-Malka,
2013). Stories are heard all the time on the news about children being abused by their foster
parents. In 2013, sheriffs arrested a social worker and a nurse after they spotted their 11 year old
foster child handcuffed to their porch with a dead chicken around his neck. The boy was
handcuffed by the ankle to the porch and was shivering when an animal control deputy found
him. The couple previously had four other foster children each taken from their home and placed
in a different county ("North Carolina Foster Parents Arrested after Child Found Handcuffed
with Dead Chicken around His Neck | Fox News," 2013). This isnt the first time a child has
been placed with foster parents who have had previous children removed from their custody.

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In England, they did a retrospective study of 158 cases of children being abused over a
span from 1990 to 1995. Out of the 158 cases, 133 children in foster or residential care were
described. The results showed that in foster care 42 children were physically abused, 76
children were sexually abused, and 15 experienced both forms of abuse. Also in foster care 60%
of sexual abuse happened to females while 60% of physical abuse happened to males. Their
conclusion of this study is that Children in foster or residential care form an at risk group for
maltreatment. Their special needs include additional measures to protect them from abuse. This
started because pediatricians in Leads, England were becoming concerned by the increase in
number of patients in foster or residential care that may have been sexually abused, physically
abused, or even both. This study aimed to identify the patterns and characteristics of children
who were being abused in these homes and were seen by these pediatricians. The results of this
study were:

133 children in foster care were identied following concerns regarding abuse in 157

episodes over the 6-year period.


18 of these occurred in kinship foster placements, that is, where the child was fostered

within the extended family.


There were 59 boys and 74 girls with a mean age of 79.6 months, range 12 to 214

months.
25 boys and 17 girls were physically abused.
30 boys and 46 girls were sexually abused
4 boys and 11 girls who experienced both physical and sexual abuse (Hobbs & Hobbs,
1999).

From these results, it can be seen that females were more likely to be sexually abused and males
were more likely to be physically abused.

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One of Californias largest private foster care agencies is under fire over allegations of
torture and abuse and there were76 lawsuits filed. This suit alleges that foster care children, from
two separate homes, suffered both physical and mental abuse and the Rancho Cucamonga-based
Interim Care Foster Family Agency allegedly covered it up for seven years. This company was in
charge of recruiting and supervising the foster parents. The cover up took place between 2006
and 2013. One of the eight children suing the company, Isaiah Sais, said that My old foster
parents, they would make special tools just to torture us, and I was under the age of 10 years
old. Interim Foster Agency didnt check up on the children during their time in the house; they
merely turned the other cheek while accepting their heavy flow of checks that came to them
("DHS to Pay $4.1 Million to Two Children in Foster Parent Abuse Case," n.d.).
Screening of Foster Parents
Studies show that around 30% of abused children grow up to abuse others ( Kolvin,
Campbell, Glasser, Leitch, & Farrelly, 2001). This most likely is because its what theyve grown
up to learn and how to act. As discussed above, abuse comes with many negative consequences.
Many children end up with mental problems so in their mind, they think they are doing the right
thing. This tends to be more prevalent for sexual abuse. Study shows that men who have been
sexually abused tend to direct their feelings externally while females direct these feelings
internally (Carmen et al, 1984).
The separation between parent and child can be very detrimental to a child; a child
leaving their home is a very traumatic incident. Because of this, its important that the foster
parent to child relationship is a good one because they have to adjust to a completely new way of
life. Whether that be with two parents instead of one or having siblings to play with (SanchezGomez, 2012). Some studies show that the foster parents behavior correlates with maintaining,
increasing, or decreasing behavior problems in foster children. Further studies could determine
and understand the characteristics of foster parents that serve to protect or potentially harm the

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development and behavior of children. Theories have come up that early relationships with
caregivers can have a long-term impact on a childs adjustment and mental health.
Children in the foster care, between the ages of zero to 17, already have a 2.5 times more
likely chance of having mental problems later in life than children from at risk populations
without history of abuse (Clausen, Landsverk, Ganger, Chadwick, & Litrownik, 1998; dosReis,
Magno Zito, & Safer Soeken, 2001; Zima et al., 2000 as cited in Dubois-Comtois, Bernier,
Tarabulsy, Cyr, and St-Laurent, 2015). Children coming from an abused home have already had
detrimental setbacks to their mental and physical health. The foster care system is all about
giving children a safe and healthier relationship with a caregiver. Its important to look at that
foster parents background because a child to caregiver relationship can either stimulate or break
down a child. Many foster parents have nourished their foster child to excel in school and in life,
but some create a hazardous environment for their foster child disabling them to grow.
There are many cases where foster parents can repeatedly break a child and make them
feel unloved and unwanted. Such a case is as follows. The victim, whose name wasnt mentioned
because she is a minor, reported being sexually assaulted, along with her other foster siblings, by
her foster father, Jose Miranda. The victim was taken out of the custody of her parents at the age
of four because the parents were deemed unfit to care for her. She was then placed with Jose
Miranda and his wife, Juanita. The girl was placed in the home in March 1998, and by the
following June, only three months later, there were investigations surrounding her placement
with the Mirandas. During the three months with the Mirandas, Jose molested her, forced her to
shower with him, and other forced sexual acts. This investigation led to finding out that Jose
molested the other foster children including two of the boys. The Mirandas were licensed foster
parents even though Juanita Mirandas own children had been taken away from her in the past
while living in California. She was also convicted of felonies in Oregon, California, and

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Washington State. The girl was then moved to another foster family, where she was also
physically and sexually abused. These foster parents were also able to keep their foster license
even though there were numerous reports of abuse at the home. Once out of their custody, the
girl was then adopted by another family, the Rosenfelts. It was in this supposedly safe
environment that she was sexually assaulted for the third time by both her foster father, Lavern
Rosenfelt, and her adoptive brother, Travis. It wasnt until after years of this abuse that she
finally came forward in 2007 at the age of 13. Both Lavern and his son, Travis avoided prison
time; Lavern reportedly put the blame on the girl saying she told him to do sexual acts
(Pulkkinen, 2015). Cases like this and many more happen because Social Services doesnt take
the time to run the necessary background checks on potential foster parents. All three of the
foster parents in the case above should have had their license revoked years before this happened
to this little girl. There were ample amounts of red flags and all the social worker had to do was
open any one of their files. This child could have surpassed all of this trauma and abuse if her
social worker would have done their job.
Different States have different guidelines to follow when screening potential foster
parents. Virginia Beach Human Services Department uses an assessment tool commonly referred
to as SAFE, Structured Analysis Family Evaluation. SAFE is used to provide a list of tools and
practices to get a well-rounded evaluation of potential foster parents. SAFE isnt a pass/fail type
of program, but they test on different skills that combine to make up a well-rounded kind of
parent. SAFE provides social workers with the state of the art tools and methods they need to
sensitively engage the family in a process that culminates in a comprehensive home study report
that accurately portrays family strengths and limitations as they pertain to parenting (Cole &
Lee, 2011).
Laws

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Unfortunately, there isnt one specific law in the United States on child abuse. Each state has
their own definition of child abuse, so each is different at the state and federal level. The child
welfare program may also have different variations and definitions for child abuse and neglect.
Federal laws have a major impact on how the various states fund and overall handle child
welfare, child abuse, and adoption programs. The biggest two that have affected protocol the
most are the Adoption and Safe Families Act of 1997 and the Child Abuse Prevention and
Treatment Act of 1974. The Child Welfare Policy Manual is another important piece of federal
law. The manual is a compilation of questions and answers used for child welfare programs that
are operated by the Childrens Bureau. Its broken up into nine sections, one being the Child
Prevention and Treatment Act ("Federal Laws," n.d.).
The Adoption and Safe Families Act of 1997
The Adoption and Safe Families Act of 1997 was enacted into law by President Clinton
on November 19, 1997. The new law, which amends the 1980 Child Welfare Act (P.L. 96-272),
clarifies that the health and safety of children served by child welfare agencies must be their
paramount concern and aims to move children in foster care more quickly into permanent
homes. This new law set new provisions such as shortens the time-frame for a childs first
permanency hearing, offers states financial incentives for increasing the number of adoptions,
sets new requirements for states to petition for termination of parental rights, reauthorizes the
Family Preservation and Support Program(Socialworkers.org, n.d.).
The Child Abuse Prevention and Treatment Act of 1974
Child Abuse Prevention and Treatment Act of 1974, commonly referred to as CAPTA,
was enacted on January 31, 1974.
CAPTA provides Federal funding to States in support of prevention, assessment,
investigation, prosecution, and treatment activities and also provides grants to public
agencies and nonprofit organizations, including Indian Tribes and Tribal organizations,
for demonstration programs and projects. Additionally, CAPTA identifies the Federal role

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in supporting research, evaluation, technical assistance, and data collection activities;


established the Office on Child Abuse and Neglect; and mandates Child Welfare
Information Gateway. CAPTA also sets forth a minimum definition of child abuse and
neglect (Child Welfare Information Gateway, 2011).
This act has been rewritten and changed multiple times through the years since it was first
enacted. The most recent change was in 2010 by the CAPTA Reauthorization Act of 2010(Child
Welfare Information Gateway, 2011). Enacting CAPTA was the first major step in dealing with
issues regarding the child maltreatment and abuse ("Child Abuse Prevention and Treatment Act,"
2011).
Safouane v. Hassett
In this case, the plaintiffs 22 month old son died from a trauma to the abdomen area on
September 29. 1994. The Safouanes claimed that it was a biking accident but the State of
Washington filed a murder charge against Mr. Safouane for the murder of his son. Following this
action their remaining four children were taken out of their home and placed into foster care. The
case against Mr. Safouane was eventually thrown out but their children were still in the States
custody and their parental rights of their four older children and their new baby born in 1996 was
terminated. This decision was also affirmed by the Washington State Court of Appeals, and the
Washington Supreme Court denied review. Parental rights were taken away from the parents in
November 2000 and June 2001 for two other babies born in 1997 and 1999.
The Safouanes filed a federal complaint that their children had been neglected and
abused by the foster care system. Most of their complaints were dismissed but the United States
Court of Appeals ninth circuit court didnt dismiss this abuse claim right away because there
wasnt enough evidence to believe beyond a reasonable doubt that the children were not abused.
The law used in this case was a collection of different cases where parts where used to govern
the proceedings of the Safouanes complaints. Their claims ended up being thrown out because

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there wasnt enough evidence to prove that their children were abused and the courts found that
the Safouanes knew about the alleged abuse years before they bought it to court (Safouane v.
Hassett, 2009).
Social Services
There have been countless accounts that The Social Services department has been
stretched too far. In Maine foster parents were lucky if they saw their social worker once every
three weeks. Across the country countless workers are saying that they are overwhelmed with the
amount of cases they have. The number of cases to the number of actual workers is exceedingly
greater. One foster mother in Mississippi expressed her concerns to the ABCNEWS Law and
Justice Unit about the foster care system. She said that for the first 18 months of fostering two
young boys, she went through 22 different social workers and in the course of three years she
saw the social workers a total of five times (Mcfadden, n.d.). Many complain of the inadequate
training. One doctor reports saying that he was once in a training class for foster parents and the
women working the class admitted to know nothing about children and she was just filling in
until another job was available.
Part of the reason for this disorganization is because DCS (Department of Child Services)
has gone through budget cut after budget cut, and their funding decreases every year. In
Indianapolis, major cuts have been made each year: 100 million dollars in 2011, 16 million
dollars in 2012, and most recently with 10 million dollars in 2013. The national turnover rate
for DCS caseworkers is above 20%, with low salary, inadequate support, and excessive workload
cited as the most common reasons for leaving. Workers leave year after year because they arent
getting paid enough so they are being replaced by inexperienced workers who know nothing
about children or this job. This isnt a solution, replacing good with bad especially when it puts
the lives of children in potential danger (Terez-Malka, 2013).

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Logan Marr was a five year old girl in foster care. Logan and her sister were taken out of
their home and placed with a former and respected social worker, Sally Schofield. She was
permitted to visit her mother once a month and on one occasion, and while being filmed, she told
her mother and her social worker sitting in the room that her foster mom, Schofield, was abusing
her. They ignored her allegations, despite it being on video. Logans social worker didnt take
immediate action to investigate this claim; the worker failed to make the required quarterly visit
to Logans foster home. Six weeks after the allegation, Logan was found in Schofields
basement, dead. Investigators confirmed that Logan had been placed in a high chair, wrapped in
42 feet of duct tape and left in the basement. The Child Welfare system failed Logan Marr;
they didnt do their job. A report of abuse shouldnt be taken lightly and Logans social worker
should have acted first and questioned later (Mcfadden, n.d.).
Logan Marrs case opened the eyes of the Maine Social services department, the
department says theyve changed dramatically in the last decade since Logan Marrs death. The
department now focuses on kinship relationships more than foster care relationships. The
workers make it a point to visit each foster home once a month rather than once every three
months which they used to do. They try to make it a point to have children adopted much faster.
The number of children in their care had significantly decreased over the years. Maine has one of
the Nations best records for keeping children out of group homes. During this case, Maine was
an example towards other States Social Services department and theyve worked hard to change
themselves for the better. Many other departments are following Maine in trying to fix their
programs to really try and help the children (Mcfadden, n.d.).
Conclusion
Even though the topic of child abuse in the foster care system isnt heard of all that often,
doesnt mean its not there. There have been countless cases of children being physically abused,
sexually abused, or being neglected by their foster parents. The number of children in foster

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homes continually grows each year. This year it was around 500,000 children. The department of
child services cant handle this many children with the amount of man power and funding they
have. Eventually something needs to change before the children are being negatively affected by
this DCS dilemma.

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Retrieved from http://www.kevinmd.com/blog/2013/12/children-abused-foster-parents.html
(n.d.). Retrieved from http://liftingtheveil.org/
(n.d.). Retrieved from https://www.psychologytoday.com/blog/somatic-psychology/201201/thefoster-care-system-and-its-victims-part-2

Grading Rubric for Almost Final Graded Draft


Criterion

4 -- Advanced

3 Above

2 Proficient

1 -- Emerging

2
CHILD ABUSE AND NEGLECT
Average
Mechanics,

Zero to very
few errors

A few errors

Several errors

Many errors
inhibit the
reading of the
text

Academic
language used
throughout
paper Law is
a major
presence

Academic
language used
through most
of paper Law
is a presence

Academic
language used
for some of
paper Lacking
law

Paper lacks
academic
language
informal
throughout

Usage,

Zero to very

A few errors

Several errors

Sentence

few errors

Many errors
inhibit reading
of text

All present
needs to fix a
few errors

All present
need to fix
several errors
or somewhat
incomplete

Missing pieces

Grammar,
Spelling
Academic
Voice and Law

Law is missing
entirely

Structure
Title,
Abstract,

All present and


correct

Body,
Reference

Uniform LSA Scoring convention

16 = 100

12 = 88

8 = 76

4 = 64

15 = 97
11 = 85
submission = no score

7 = 73

No

14 = 94

10 = 82

6 = 70

13 = 91

9 = 79

5 = 67

87 - Please do the following for final: Go through and fix everything


marked. Also, here is a court case about foster parents.perhaps you
could find a way to incorporate it into your paper to strengthen the legal

2
CHILD ABUSE AND NEGLECT
component. There are othersif you go to Google Scholar and click case
lawthen search foster parent cases.
Safouane v. Hassett

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