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PHOENIX: A Valley nonprofit is fighting for the rights of foster children and breaking ground, not just in this state but beyond.
During the past few years the Center for the Rights of Abused Children has been at the forefront of helping foster children, particularly at the state legislature and in the courtroom, where the organization is supporting their constitutional rights through public interest and pro bono legal work.
The group is now working with Arizona lawmakers on a bill intended to reduce the number of kids who age out of the foster system.
Darcy Olsen, founder and CEO of Center for the Rights of Abused Children, has been a first-hand witness to the injustices foster children endure, and knows the institution well — she has four children, all adopted from the Arizona foster care system.
And she has been spending her life improving it.
“Every child should have a safe and loving family,” Darcy said.
Aging out
Center for the Rights of Abused Children has seen successes, but Olsen said its end goal is that no child should age out of the system.
The group hopes to follow the success of Georgia’s Permanency Project, designed to help foster children in their transition from group homes or other temporary placements into stable family homes long term.
Between 80% and 90% of the families who have gone through the Project Permanence program since 2007 remain together at least six months after the program in stable placement, according to the Lincoln Child Center, the program’s creator.
The Center for the Rights of Abused Children most recently has been working to introduce a bill at the Arizona Legislature to reduce the number of kids who age out of the system, which amounts to thousands of children a year.
The bill, which was heard Feb. 12, would create a labor force to find permanent homes for children to avoid aging out.
“Kids shouldn’t age out. There’s no reason a child shouldn’t be able to find a loving family,” Olsen said.
Federal funds to children
An estimated 10% to 20% of children in foster care qualify for federal social security, disability, or veteran survivor benefits.
For decades, child welfare agencies in the U.S. have taken Social Security Administration disability and Veterans Affairs benefits from foster care children, reimbursing themselves for the cost of providing foster care to children.
Prior to this year, Arizona Department of Child Safety took about $6 million of those funds from children in the foster system and used those “monies to defray the cost of care and services expended by the department.”
Olsen said that was immoral, and she did something about it.
Last year, Gov. Katie Hobbs signed a law, crafted by Center for the Rights of Abused Children, that made Arizona the first state to stop child welfare agencies from seizing federal funds received by children. They are now working with DCS to help them implement the law and share best practices with other states.
Under the Arizona law, children who receive federal benefits such as Supplemental Security Income or Retirement, Survivors, and Disability Insurance, will have their funds placed in conservation accounts managed by DCS. This will enhance transparency, increase support for children and their families, and improve the process of transitioning benefits when a child leaves foster care.
Representation in court
Research shows that children with attorney representation in their court cases exit foster care up to 3.5 times faster, without affecting rates of family reunification. Olsen said children with representation can safely return home, while children who need families are adopted quicker and with fewer delays.
A big game changer in this realm came in April 2021 when Gov. Doug Ducey signed Senate Bill 1391 into law, also crafted by Center for the Rights of Abused Children, giving every child in Arizona’s foster care system legal representation.
Taking it further, the Center for the Rights of Abused Children also influenced a federal executive order that expanded permissible uses of federal funds to help pay for attorneys for abused children nationwide.
Rebecca Masterson, writer of the Arizona bill, said lack of representation was an injustice for all abandoned and abused kids.
“When a child enters foster care, a court case is initiated. Parents are appointed lawyers to protect their rights, the Arizona Department of Child Safety is appointed lawyers, yet the victim in the case — the abused child — was not given legal representation,” Masterson said.
Foster children are now guaranteed the legal representation necessary to protect their rights, including requiring DCS search for a child’s relatives and extended family right away. If this law is violated, the child’s attorney can immediately work to ensure compliance, Olsen said.
Similarly, if a child goes missing from the system, the child’s attorney must advocate on behalf of the child to ensure search and rescue, she said.
“We can put a million laws on the books to ensure a child’s time in foster care is safe and temporary, but without an attorney to argue the law on a child’s behalf, the law means nothing,” Olsen said. “An attorney with a legal and ethical duty to the child is among the most important protections we can give a child who has been abandoned or abused. Representation is a cornerstone of the American justice system.”