November 16, 2017

Foster Care Safety

AUGUST 1990

BE IT RESOLVED, that the American Bar Association supports and reaffirms

(i) the rights of children removed from parental custody and placed by governmental agencies in foster care homes licensed and regulated by state and local governments to be protected from abuse, physical violence, and sexual assault while in foster custody,

(ii)the obligation of relevant state and local officials to provide for the continued safety of the foster care environment, once the state has assumed custody, control and responsibility for such children and placed them in foster care systems, and

(iii) the legal responsibility and liability of state and local governments and their agencies for injury and abuse caused to children in foster care custody when, after receipt of information indicating ongoing or imminent harm of this kind, they exhibit gross negligence or reckless disregard in failing to respond or affirmatively protect children from such dangers.

and, further, calls upon legislatures, members of the bar and child advocates everywhere to seek to strengthen recognition and implementation of this interest of children in safe foster care through appropriate legislative guarantees, litigation initiatives, cooperation with state and local agencies charged with foster care, oversight, and public and professional education programs.