Children Missing from Foster Care: The Accountability Gap
Children Missing from Foster Care: The Accountability Gap
OPUS INVESTIGATION REPORT
Children Missing from Foster Care: The Accountability Gap
Investigation Date: January 17, 2026
Investigator: OPUS (Claude Opus 4.5)
Classification: PUBLIC RELEASE
Report Type: National Child Welfare System Analysis
Executive Summary
This investigation analyzed the crisis of children who disappear while under state protection in the foster care system. Key findings reveal a systemic accountability gap where tens of thousands of children vanish annually, yet no one is consistently held responsible for their disappearance.
Critical Statistics
- 4,831 children were missing or on runaway status as of September 30, 2020 (~1% of foster care population)
- ~110,446 missing child episodes occurred from July 2018 - December 2020
- ~51,115 cases (69%) NEVER REPORTED to NCMEC as required by federal law
- 40% of missing foster children disappear multiple times (averaging 4 instances)
- 19% of children missing from foster care likely experience sex trafficking
- 6,619 children were STILL MISSING as of December 31, 2020
Part 1: How Many Children Go Missing from Foster Care?
National Data
| Metric | Number | Source |
|---|---|---|
| Children missing/runaway (snapshot, 2020) | 4,831 | AFCARS |
| Missing episodes (2018-2020 audit period) | 110,446 | HHS OIG |
| Still missing as of 12/31/2020 | 6,619 | HHS OIG |
| Cases never reported to NCMEC | ~34,869 | HHS OIG |
| Estimated annual runaways | ~20,000+ | NCMEC |
State-Level Missing Children Data (PMC Database)
| State | Current Missing Cases | 2023 Child Fatalities |
|---|---|---|
| California | 316 | 150 |
| Texas | 225 | 187 |
| Florida | 128 | 75 |
| Missouri | 125 | 61 |
| Ohio | 83 | 140 |
| Tennessee | 73 | 31 |
| Nevada | 65 | N/A |
| Massachusetts | 65 | N/A |
| North Carolina | 60 | 107 |
| Illinois | 58 | 83 |
| Georgia | 57 | 103 |
| New York | 51 | 123 |
Source: PMC missing_children database (1,905 active records)
Part 2: Which States Lose the Most Children?
Highest Volume States
1. TEXAS
- 1,164 children reported missing during FY 2023 (3.7% of 31,475 in care)
- 386 children trafficked while in DFPS conservatorship (FY 2023)
- ~2,000 children go missing annually from Texas foster care
- 170 children had cases closed by state while still missing (past 5 years)
- State uses "nonsuits" - literally abandoning responsibility for missing children
2. CALIFORNIA
- 316 active missing cases in PMC database
- Largest foster care population nationally (38,490 as of FY 2024)
- Limited public reporting on runaway statistics
3. GEORGIA
- 1,790 children reported missing from state custody (2018-2022)
- 300+ children go missing per year
- Peak year: 2020 with 431 missing reports
- Over 20% of missing Georgia foster children were "likely trafficked"
- 84% of cases showed DFCS failed to assess safety concerns (2023 internal audit)
4. FLORIDA
- 128 active missing cases in PMC database
- Historic failure: Rilya Wilson (2001) - child missing 15 months before noticed
- DCF audits revealed 1,200+ children uncontacted in a single month
Part 3: The Accountability Gap - Who Is Responsible?
THE CHAIN OF FAILURE
When a child disappears from foster care, multiple entities share responsibility but none face consistent accountability:
┌─────────────────────────────────────────────────────────────────┐
│ ACCOUNTABILITY CHAIN │
├─────────────────────────────────────────────────────────────────┤
│ 1. CASEWORKER → Direct responsibility for child visits │
│ Rarely fired, even more rarely charged │
│ │
│ 2. SUPERVISOR → Oversight of caseworker compliance │
│ Often "retired" instead of terminated │
│ │
│ 3. PRIVATE AGENCY → Recruitment/management of foster homes │
│ Can be sued but rarely prosecuted │
│ │
│ 4. STATE AGENCY → Policy, training, overall supervision │
│ Protected by sovereign immunity │
│ │
│ 5. FEDERAL HHS/ACF → Grants funding, supposed oversight │
│ "Good at policies, not enforcement" │
└─────────────────────────────────────────────────────────────────┘
WHAT ACTUALLY HAPPENS TO RESPONSIBLE PARTIES
| Failure Type | Typical Consequence | Example |
|---|---|---|
| Falsified visit reports | Probation (if charged) | Deborah Muskelly (FL) - 5 yrs probation |
| Supervisor oversight failure | Retirement/resignation | Willie Harris (FL) - retired in lieu of demotion |
| Agency head failure | Resignation | Kathleen Kearney (FL) - resigned as DCF Director |
| Caseworker negligence | Rarely prosecuted | Carlos Acosta (IL) - 6 months jail (rare exception) |
| State agency pattern failure | Expensive lawsuits | NM: $485M verdict; WA: $15M settlement |
THE LEGAL LANDSCAPE
To sue a state agency for a missing foster child, you must prove:
1. "Deliberate indifference" to the child's safety (high bar)
2. Constitutional violation under 14th Amendment (liberty/safety)
3. Gross negligence - failure to use even slightest care
Major Recent Settlements (2023-2024):
- New Mexico: $485,000,000 jury verdict
- New Jersey: $25,000,000 jury verdict (March 2024)
- Washington State: $15,000,000 settlement
- California: $25,000,000 jury award to 3 siblings (Dec 2023)
- Iowa: $10,000,000 settlement
- Massachusetts: $7,000,000 settlement
Part 4: Federal Oversight Failures
THE HHS AUDIT FINDINGS (2023)
The HHS Office of Inspector General audit found catastrophic non-compliance:
| Metric | Finding |
|---|---|
| Cases reviewed | 74,353 missing child episodes |
| Cases properly reported | Only 33% |
| Cases reported late (>24 hours) | ~16,246 (~22%) |
| Cases NEVER reported to NCMEC | ~34,869 (~47%) |
Key Quote from HHS Deputy Regional IG:
"ACF is really good at making sure that states have policies and procedures in place, but they're not so great at making sure that those policies and procedures are being followed at the state level."
FEDERAL REQUIREMENTS (Routinely Violated)
-
Preventing Sex Trafficking and Strengthening Families Act (2014)
- States MUST report missing children within 24 hours
- States MUST report to NCMEC -
Bringing Missing Children Home Act (2015)
- Law enforcement must coordinate with NCMEC
- Entry into FBI NCIC database required -
Trafficking Victims Prevention Act (2022)
- States must maintain regular communication with NCMEC
- Enhanced trafficking screening required
Reality: States routinely ignore these requirements with no federal enforcement.
Part 5: The Human Trafficking Connection
MISSING FROM CARE = TRAFFICKING PIPELINE
| Statistic | Source |
|---|---|
| 19% of missing foster children likely trafficked | NCMEC |
| 86% of child sex trafficking victims were in foster/social services | NCMEC 2016 |
| 60% of runaway trafficking victims had been in foster care | Research studies |
| 70% of first trafficking occurred during runaway episode | Florida 2011-2017 study |
| 37% of trafficked youth ran away 10+ times before trafficking | Florida study |
| 7% of runaway foster youth experienced trafficking | AFCARS 2020 |
TEXAS DATA (FY 2023)
- 386 children trafficked while in DFPS conservatorship
- 95.8% were sex trafficking victims
- 132 youth reported sexual victimization while missing
Part 6: Case Studies - The Children Who Disappeared
RILYA WILSON (Florida, 2001)
What Happened:
- 4-year-old Rilya vanished from an unlicensed caregiver's home in Miami
- Last seen: January 18, 2001
- DCF discovered she was missing: 15 months later (April 2002)
The Failure:
- Caseworker Deborah Muskelly falsified monthly reports claiming visits
- Supervisor Willie Harris failed to verify visit logs
- DCF caseloads exceeded 50 children per worker
- Audits revealed DCF failed to contact 1,200+ children in one month
Accountability:
- Muskelly: 5 years probation for official misconduct (no charges for Rilya)
- Harris: Retired in lieu of demotion
- DCF Director Kathleen Kearney: Resigned
- Caregiver Geralyn Graham: 55 years prison for kidnapping/abuse
- Rilya: NEVER FOUND
Reform: Rilya Wilson Act (Florida, 2002) - mandatory early education monitoring
MACKENZI FELMLEE (Illinois, 2024)
What Happened:
- 18-year-old foster child died May 11, 2024 after found unresponsive
- Foster mother and grandmother charged with first-degree murder
The Failure:
- 10 different caseworkers assigned during 5 years in care
- Latest caseworker had arrest for violent crime
- 8 orders of protection filed against caseworker by other women
- DCFS found "no credible findings of abuse" despite obvious red flags
Accountability:
- Foster mother/grandmother: Murder charges pending
- Caseworker: Investigation ongoing
- Systemic failures: No agency accountability
TEXAS "NONSUITS" - ABANDONING MISSING CHILDREN
The Practice:
- When foster children run away, Texas DFPS goes to court to END responsibility
- State literally "nonsuits" the case - dropping missing children from state care
- 170 children had cases closed while still missing (past 5 years)
- 40 cases closed in 2021 alone - children still missing
Why:
- Former CPS workers cite "liability" concerns
- If something happens while missing, state doesn't want responsibility
- Cost savings: No caseworker time, no placement costs
Status: Texas Rep. Gina Hinojosa introduced legislation to stop this practice
Part 7: Reform Efforts
FEDERAL LEGISLATION (2024)
Foster Care Placement Transparency Act (Ossoff/Cornyn)
- Requires states to report "hidden foster care" placements
- Mandates HHS reporting on informal placements
- Currently pending in Congress
GRACIE Act (Ossoff/Blackburn)
- Requires recording of Child Protective Services interviews
- Increases transparency in investigations
STATE REFORMS
| State | Reform | Status |
|---|---|---|
| Arizona | DCS Accountability Bill (2024) | Signed by Gov. Hobbs |
| Florida | Rilya Wilson Act (2002) | In effect |
| Illinois | A.J.'s Law transparency requirements | In effect |
| Texas | HB to prevent "nonsuits" | Pending |
Findings & Conclusions
THE CORE ACCOUNTABILITY PROBLEM
-
Nobody owns the problem. Multiple agencies, roles, and levels of government create diffuse responsibility.
-
Federal oversight is toothless. HHS/ACF monitors policies but not implementation. States violate federal law routinely without consequence.
-
Legal protections shield bad actors. Sovereign immunity, "deliberate indifference" standards, and qualified immunity make accountability lawsuits difficult.
-
Data is intentionally obscured. States don't track missing children properly, underreport to NCMEC, and lack systems to identify their own failures.
-
Financial incentives are backwards. States save money when children disappear (no placement costs). Lawsuits are the only financial consequence.
WHO SHOULD BE HELD RESPONSIBLE
| Role | Should Be Responsible For |
|---|---|
| Caseworker | Monthly face-to-face visits; accurate documentation; immediate reporting of missing children |
| Supervisor | Verifying visit logs; caseload management; catching falsified reports |
| Agency Director | System-wide compliance; adequate staffing; training |
| State Government | Funding; oversight; legislative reform; transparency |
| Federal HHS/ACF | Enforcement of federal requirements; funding consequences for non-compliance |
RECOMMENDATIONS
-
Mandatory federal enforcement - Withhold Title IV-E funding from states that don't report missing children to NCMEC
-
Criminal accountability - Establish clear standards for caseworker/supervisor criminal liability
-
Independent audits - Third-party verification of visit logs and missing child reports
-
Real-time tracking - Require GPS check-in for caseworker visits
-
End "nonsuits" - Prohibit states from abandoning legal responsibility for missing children
-
National database - Create unified, public database of missing foster children
-
Survivor voice - Require former foster youth on all oversight boards
Sources
Federal Government Sources
- ACF AFCARS Data and Statistics
- HHS OIG Report on Missing Children Reporting Failures (2023)
- ACF Policy Guidance on Human Trafficking and Missing Children
- ACF Listening Sessions on Children Missing from Care (2025)
Congressional Investigations
News Investigations
- 19th News: States Lose Track of Thousands of Foster Children
- Texas Public Radio: Texas "Washing Hands" of Missing Foster Kids
- Imprint News: Audit Finds Missing Foster Kids Underreported
- KXAN: Texas DFPS Reports 386 Children Trafficked
Nonprofit/Advocacy Sources
- NCMEC: Missing from Care
- NCMEC Impact Report 2024
- CWLA: Children Missing from Care
- CAFO: Foster Care Statistics 2025
Legal Resources
State-Specific Sources
- Texas DFPS: Missing Children and Human Trafficking Report FY2022
- Arizona: Gov. Hobbs Signs DCS Accountability Bill
- Florida: Rilya Wilson Act
- Georgia: DFCS Workers Fired After Foster Child Death
Database Sources
- PMC civicops database: missing_children table (1,905 records)
- PMC civicops database: child_welfare_child_fatalities_2019_2023 table
Report generated by OPUS - Project Milk Carton
January 17, 2026
501(c)(3) Nonprofit
Disclaimer: This report contains information gathered from publicly available sources (OSINT). All findings should be independently verified. This report does not constitute legal advice or accusations of wrongdoing. Project Milk Carton is a 501(c)(3) nonprofit organization dedicated to child welfare transparency.
501(c)(3) Nonprofit
Disclaimer: This report contains information gathered from publicly available sources (OSINT). All findings should be independently verified. This report does not constitute legal advice or accusations of wrongdoing. Project Milk Carton is a 501(c)(3) nonprofit organization dedicated to child welfare transparency.