Child Protective Services

Child Protective Services

 

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Child Protective Services (CPS) was not founded by a single individual, but rather evolved over time through a series of legal and governmental reforms aimed at protecting children from abuse and neglect. Its origins can be traced back to the 19th century, most notably with the 1874 case of Mary Ellen Wilson in New York City. Mary Ellen was a severely abused child whose case gained national attention at a time when no specific child protection laws existed. Her rescue was made possible by using animal cruelty laws, and the public outrage that followed led to the founding of the New York Society for the Prevention of Cruelty to Children (NYSPCC) in 1875. This organization, founded by Henry Bergh and Elbridge Gerry, was the first of its kind in the United States and marked the beginning of organized child protection efforts.

 

In the mid-20th century, growing awareness of child abuse prompted a push for nationwide reform. During the 1960s and 1970s, increased public concern and advocacy led to federal involvement in child welfare. The most significant development came in 1974 with the passage of the Child Abuse Prevention and Treatment Act (CAPTA). This landmark law provided federal funding to states to develop child protection programs and required them to establish systems for reporting and investigating child abuse and neglect. CAPTA laid the groundwork for the creation of CPS agencies in every state.

 

Today, each state operates its own version of Child Protective Services, often under different names like the Department of Children and Family Services (DCFS) or the Department of Social Services (DSS). Although CPS is a state-run service, its existence and structure are deeply rooted in the framework established by federal law. The system as we know it today is the result of combined efforts by early activists, legal reformers, and policymakers rather than the vision of a single founder.

 

There is no single, comprehensive count of how many times Child Protective Services (CPS) has been accused of abusing or misusing its authority. This is largely because CPS operates on a state-by-state basis, and complaints or legal actions are often handled locally, sometimes behind closed doors or through settlements. However, allegations against CPS have persisted for decades, and a large number of lawsuits and public reports have documented a range of concerns involving overreach, neglect, and misconduct.

 

One of the most common accusations against CPS is the wrongful removal of children from their homes without sufficient evidence of abuse or neglect. Families have often claimed that their rights were violated, leading to traumatic separations and long legal battles. In some instances, courts have sided with families and awarded damages. Conversely, CPS has also been accused of failing to act quickly enough to protect children who were in genuine danger. These cases—where children have suffered serious harm or even died—often result in public outcry and internal investigations into agency failures.

 

In addition, there have been multiple lawsuits alleging civil rights violations by CPS workers. Accusations have included entering homes without warrants, coercing parents into giving up custody, or providing false testimony in court. Some of these cases have resulted in multi-million dollar settlements. One high-profile example occurred in California in 2019, where a family won a $127 million judgment after social workers were found to have falsified reports that led to the wrongful removal of children.

 

Systemic issues within CPS have also been exposed through whistleblowers, audits, and investigations. In 2021, Texas CPS faced serious scrutiny after reports surfaced of a teenage girl being sexually abused in foster care. Whistleblowers revealed systemic problems, including understaffing, lack of oversight, and poor training. Several states have also faced federal investigations for violations of federal child welfare laws. These systemic accusations often point to patterns of mismanagement and, in some cases, racial or socioeconomic bias.

 

While it's difficult to quantify exactly how many times CPS has been accused of wrongdoing, there are hundreds of documented cases and legal actions across the United States. The accumulation of these cases has prompted widespread concern and calls for reform. Some states have responded by implementing new policies, increasing transparency, or creating independent oversight bodies to hold CPS accountable.

 

There isn’t a formal list of states that are always in the limelight for Child Protective Services (CPS)-related lawsuits, but several states have developed reputations over the years due to frequent legal challenges, public scandals, and federal investigations into their child welfare systems. These states tend to attract consistent national attention because of the volume or severity of the allegations made against their CPS agencies.

One of the most frequently spotlighted states is Texas. The state’s CPS system has long been under fire for systemic failures, including placing children in unsafe foster homes, children being forced to sleep in CPS offices due to a lack of placements, and dangerously high caseloads for caseworkers. The situation has become so dire that a federal judge has repeatedly held the state in contempt for failing to meet court-mandated reforms. Whistleblowers, journalists, and watchdog groups continue to expose deep-rooted issues within Texas’s child welfare system.

 

California also appears regularly in the news for CPS controversies. The state has seen multiple high-profile lawsuits, especially around cases of wrongful child removal and civil rights violations. Some counties in California have been sued for social workers falsifying evidence or reports in court, resulting in children being taken from their families unjustly. Settlements in these cases have sometimes reached into the tens or even hundreds of millions of dollars, drawing significant public and legal scrutiny.

Arizona’s CPS history is particularly striking because the state’s original agency was completely dismantled in 2014 after it was revealed that more than 6,000 reports of child abuse had been ignored. The state created a new agency called the Department of Child Safety, but even under the new system, Arizona has continued to face issues like staffing shortages, high turnover, and allegations of mismanagement, keeping it in the public eye.

 

Florida has also been the subject of national concern, often due to high-profile cases where children died after CPS failed to intervene in time. The state has been criticized for poor response times, inadequate investigations, and unsafe foster care conditions. These failings have resulted in lawsuits and calls for major reforms within Florida’s Department of Children and Families.

 

New York, particularly through its Administration for Children’s Services (ACS), has seen recurring controversies involving accusations of racial and economic bias, wrongful removal of children, and a lack of transparency in how decisions are made. Families and advocacy groups have pushed for more oversight and reform, keeping the state in the media and legal spotlight.

 

Michigan has also been sued multiple times over its child welfare system and has even been placed under federal court oversight in the past. Complaints have included children being kept in institutional settings for extended periods, inadequate care, and violations of state and federal standards for foster care and case management.

While every state has faced challenges within their CPS systems, Texas, California, Arizona, Florida, New York, and Michigan are among those most consistently highlighted in the media and courtrooms for serious or repeated failures. These states serve as examples in national conversations about the urgent need for CPS reform and greater accountability.

 

The number of children who go missing while under the care of Child Protective Services (CPS)—usually while in foster care—is a significant and ongoing concern. Although exact numbers vary by year and by state, national estimates suggest that anywhere from 20,000 to 30,000 children in the foster care system are reported missing each year in the United States. This typically represents about 1.5% to 2.5% of the foster care population annually.

 

Most of the children who go missing are teenagers, often between the ages of 12 and 17. In many cases, they leave their foster placements voluntarily and are classified as runaways. These youth often cite reasons such as feeling unsafe, experiencing mistreatment, or wanting to return to their biological families. However, some disappear due to placement instability or lack of appropriate supervision, and tragically, some are at high risk of falling into sex trafficking, exploitation, or homelessness.

 

The federal government, through laws like the Preventing Sex Trafficking and Strengthening Families Act of 2014, requires all states to report missing foster children to law enforcement and the National Center for Missing and Exploited Children (NCMEC). Despite this requirement, compliance and follow-through can be inconsistent. In some cases, missing children have gone unnoticed for extended periods due to poor tracking systems or communication breakdowns within child welfare agencies.

The fact that thousands of children go missing each year while supposedly under government protection highlights serious gaps in the CPS system. These disappearances are often symptoms of broader structural problems—such as overburdened caseworkers, inadequate foster placements, and a lack of trauma-informed care. While most of the missing children are eventually found, some are not, and many are left vulnerable during the time they are unaccounted for.

 

In summary, while the percentage of missing foster children may seem relatively small on paper—around 1.5% to 2.5%—it translates to tens of thousands of vulnerable youth every year. These numbers underscore the urgent need for systemic reform, better oversight, and stronger safeguards to ensure that children placed in state care are truly protected.

 

But these numbers are what is reported by each state. Can we believe in those numbers? And even if it’s low according to academia, 30,000 kids a year go missing from foster care is striking enough. Also, all of this data is from AI and we know it hallucinates. My interview with Meghan Walsh, the daughter of John Walsh says those numbers are way higher. In fact, they are in the 80% and this statistic she uncovered has been hidden deep.

 

According to the National Center for Missing and Exploited Children (NCMEC) and the FBI, the 80% figure refers to a different, though deeply concerning, statistic. According to NCMEC, of all the children reported missing who are considered at risk for sex trafficking were in the care of a child welfare agency—typically under CPS or in foster care—at the time they went missing.

 

This does not mean that 80% of all children in foster care go missing. Rather, it highlights that children who do go missing from the foster care system are far more vulnerable to being trafficked or exploited than those outside the system. So, while the percentage of foster youth who actually go missing in a given year may be around 1.5% to 2.5%, that small group represents the overwhelming majority of trafficking victims among missing children. This paints a disturbing picture of the level of risk foster youth face once they fall through the cracks.

 

The confusion often arises because people naturally associate the 80% figure with the entire foster care population. In reality, it refers to a subset of missing children—specifically those most at risk. These children often disappear due to placement instability, trauma, abuse within the system, or the desire to reunite with family. Once gone, they’re far more likely to encounter predators or end up in dangerous situations, including trafficking.

 

This distinction is critical because it underscores not just how many children go missing from CPS, but how severe the consequences can be when they do. It reveals deep flaws in the protective mechanisms within the child welfare system, and emphasizes the need for stronger oversight, more stable placements, trauma-informed care, and better tracking of vulnerable youth. So while the total number of missing children in foster care each year is troubling on its own, the fact that those who go missing are disproportionately at risk for serious harm is even more alarming.

 

There is a lot more to the story than we are not told. Accessing detailed information on open Child Protective Services (CPS) court cases across all 50 states is challenging due to the sensitive nature of these cases and varying public access policies. However, several states have been involved in significant CPS-related litigation, shedding light on systemic issues within their child welfare systems.

 

Texas has been under federal court oversight for over a decade due to its troubled foster care system. A 2011 class-action lawsuit highlighted the state's failure to provide safe and appropriate placements for children, leading to instances where children were housed in unlicensed facilities, hotels, or state offices. Despite ongoing litigation, reports indicate that these practices persisted into 2023, prompting a federal judge to threaten contempt proceedings against the state for non-compliance with court orders . ABC13 Houston

 

In Mississippi, the case of R.W. v. Mississippi Department of Child Protection Services reached the state's Supreme Court in 2024. This case underscores challenges in the state's CPS system, particularly concerning procedural issues and the handling of parental rights . Justia Law

 

New York has faced scrutiny over its CPS practices, especially regarding the treatment of non-offending parents in domestic violence situations. A 2024 appellate court decision curtailed the agency's authority to supervise parents solely based on their association with abusive partners, highlighting concerns about overreach and the need for policy reform . The Imprint

 

In Illinois, particularly in Cook County, the Child Protection Division handles numerous CPS cases involving abuse, neglect, and termination of parental rights. While specific case details are often confidential, the volume and nature of these cases reflect ongoing challenges within the state's child welfare system .

 

Other states, such as Indiana, Maine, and Wisconsin, have systems in place to manage and monitor CPS cases, but comprehensive public data on open litigation is limited. The lack of uniform transparency across states makes it difficult to provide a complete picture of CPS-related court cases nationwide.

 

Determining the exact number of children who have died while in foster care across the United States is challenging due to inconsistent reporting practices and varying definitions of what constitutes a foster care-related death. However, available studies and state-level reports provide insight into the scope and nature of this critical issue.

A comprehensive national study published in JAMA Pediatrics examined mortality rates among children in foster care between 2003 and 2016. The study found that during this period, there were 3,485 deaths among children in foster care, equating to a mortality rate of 35.4 deaths per 100,000 person-years. This rate is notably higher than the 25.0 deaths per 100,000 person-years observed in the general child population, indicating a 42% increased risk of death for children in foster care. The study also highlighted that mortality rates remained steady for foster children during this time, while rates for the general child population decreased by 2.5% annually . PMC+2PolicyLab+2JAMA Network+2JAMA Network+1PMC+1

 

State-specific data further underscores the gravity of the situation. In Texas, reports indicate that over 100 children died while in the state's child welfare system between 2020 and early 2022. These deaths were attributed to various causes, including preexisting medical conditions, abuse, suicide, and accidents . FOX 4 News Dallas-Fort Worth+2Stop Child Abuse+2The Texas Tribune+2FOX 4 News Dallas-Fort Worth+2The Texas Tribune+2Stop Child Abuse+2

 

In Ohio, an investigation revealed that more than 100 children died in foster care since 2015, with 55 of these deaths occurring in the state's three largest counties. Causes of death included gun violence, drug overdoses, and car crashes . The Imprint

 

Kansas reported 11 child deaths in its foster care system in 2023 alone. The causes ranged from unintentional injuries and natural causes to suicides and drug overdoses. The state's Department for Children and Families has called for increased transparency in criminal cases related to these deaths . Kansas Reflector+1The Imprint+1

 

In Arizona, 26 children died in state custody in a single fiscal year, highlighting concerns about the adequacy of monitoring and care provided to vulnerable children . AP News

 

These figures, while alarming, likely underrepresent the true scale of the issue due to gaps in data collection and reporting. For instance, California does not maintain comprehensive data on all foster care deaths, as counties are responsible for tracking and reporting fatalities, leading to potential inconsistencies and omissions . ABC 10 News San Diego KGTV

 

The elevated mortality rates among foster children can be attributed to several factors, including preexisting health conditions, the trauma of removal from their homes, placement instability, and systemic shortcomings in providing adequate care and oversight. Addressing these issues requires a concerted effort to improve data transparency, enhance support services, and implement reforms aimed at safeguarding the well-being of children in foster care.

 

Is CPS Safe

 

Based on the data we've gone through so far — including court cases, missing children reports, trafficking risks, and child deaths in foster care — it's difficult to argue that Child Protective Services (CPS) is consistently safe across the board. In fact, the evidence paints a troubling picture: while CPS is designed to protect vulnerable children, the system often fails the very people it’s meant to serve.

 

The fact that thousands of children go missing each year from foster care, and that the majority of trafficking victims reported to the National Center for Missing and Exploited Children (NCMEC) come from CPS, shows a fundamental breakdown in safety and supervision. Add to that the elevated death rates among children in state custody — including preventable causes like suicide, abuse, and neglect — and the picture gets even darker.

 

Major lawsuits and investigations in states like Texas, New York, Ohio, Kansas, Arizona, and California expose widespread issues: inadequate placements, overloaded caseworkers, lack of transparency, children sleeping in offices or unlicensed homes, and poor oversight. Even when reforms are mandated by courts, states often struggle — or fail — to implement them. Some continue to violate children’s rights even while under court supervision.

 

That said, it’s important to recognize that not all CPS agencies operate the same way, and some regions may have stronger safeguards, better leadership, and more effective support services. But the inconsistency itself is part of the danger. A child’s safety shouldn’t depend on geography.

 

So, to answer your question directly: No — based on the data, Child Protective Services is not reliably safe. In many cases, it can be as harmful as the environments children are removed from. While the system may help some children escape abuse, it also exposes many others to new trauma, instability, and even death. And that means the system, as it currently exists, needs urgent reform — not just patchwork fixes, but a full reevaluation of how we care for and protect vulnerable children.

 

Child Protective Services (CPS) was created to intervene in cases of child abuse and neglect, with the mission of protecting vulnerable children and ensuring their safety. However, extensive reports, lawsuits, and investigations across the country reveal a deeply flawed system that often causes more harm than it prevents. One of the most alarming issues is the number of children who go missing from foster care each year. According to national estimates, approximately 20,000 to 30,000 children disappear annually while in state custody. While that may only be about 2% of the total foster care population, it’s the nature of these disappearances that is most disturbing.

 

The National Center for Missing and Exploited Children (NCMEC) reports that approximately 80% of children who are at risk of sex trafficking and reported missing were in foster care at the time. This is not only a statistical anomaly but a severe indictment of a system that is supposed to be a safe haven. The elevated vulnerability of foster children — especially teens — to trafficking, abuse, and exploitation reflects deep-rooted systemic issues: unstable placements, insufficient oversight, and the trauma of family separation without adequate support or therapy.

 

Deaths within the foster care system add another layer of tragedy. Between 2003 and 2016, a JAMA Pediatrics study documented 3,485 deaths of children in foster care — a mortality rate 42% higher than among the general child population. In states like Texas, more than 100 children died between 2020 and 2022 while under CPS supervision. Kansas reported 11 child deaths in foster care in just one year, while Arizona reported 26 in a single fiscal year. The causes vary — including suicide, abuse, accidents, untreated medical conditions, and overdoses — but the common denominator is that these deaths occurred on the government’s watch.

 

Legal actions and media investigations have repeatedly exposed states that are failing at every level of child protection. Texas has been under federal oversight for more than a decade, yet children continue to be housed in unsafe, unlicensed facilities — even in offices. Mississippi, New York, and Ohio have all seen significant litigation exposing procedural failures, unjustified parental terminations, and inadequate care. Some states, like California, don’t even maintain centralized data on foster care fatalities, making it impossible to hold the system fully accountable.

 

These failures are not isolated — they reflect a national pattern of underfunding, overburdened caseworkers, poor training, and a lack of trauma-informed care. The decentralized nature of CPS, with each state running its own version of the system, results in wildly inconsistent protections for children depending on where they live. In many cases, children are removed from one dangerous situation only to be placed in another, equally harmful environment.

 

In conclusion, the cumulative data paints a sobering picture: while CPS has saved lives and served an essential role in some cases, the system as a whole is not reliably safe. From preventable deaths and trafficking risks to high-profile lawsuits and chronic mismanagement, CPS often fails the children it is meant to protect. The evidence points to a pressing need for nationwide reform, increased transparency, and a rethinking of how we care for society’s most vulnerable population — not just with protection, but with dignity, stability, and real support.

 

Sources

 

https://jamanetwork.com/journals/jamapediatrics/fullarticle/2764570?utm_source=chatgpt.com

https://www.texastribune.org/2022/04/04/texas-foster-care-children-deaths/?utm_source=chatgpt.com

https://imprintnews.org/news-briefs/investigation-ohio-foster-care-deaths/65498?utm_source=chatgpt.com

https://kansasreflector.com/2024/03/12/in-2023-11-kids-died-in-kansas-foster-care-dcf-secretary-calls-for-transparency-in-criminal-cases/?utm_source=chatgpt.com

https://apnews.com/article/3d62d90cd53136510122df5df0c563b4?utm_source=chatgpt.com

https://www.10news.com/news/team-10/team-10-california-department-does-not-maintain-data-on-all-foster-care-deaths?utm_source=chatgpt.com

https://abc13.com/lawsuit-against-texas-cps-foster-care-children-living-in-offices-unlicensed-facility-for-kids/12742051/?utm_source=chatgpt.com

https://law.justia.com/cases/mississippi/supreme-court/2024/2023-cp-00543-sct.html?utm_source=chatgpt.com

https://imprintnews.org/top-stories/new-york-appeals-court-halts-cps-supervision-of-parents-whose-partners-have-been-abusive/258689?utm_source=chatgpt.com

https://www.cookcountycourt.org/division/child-protection-division?utm_source=chatgpt.com