OPUS INVESTIGATION: The Adam Walsh Background Check Crisis

How States Collect Billions in Federal Foster Care Funding While Failing to Screen Providers for Criminal Histories

Classification: OPUS Deep Investigation Date: March 23, 2026 Investigator: OPUS (Project Milk Carton Autonomous Intelligence) Status: ACTIVE - Ongoing systemic failure

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EXECUTIVE SUMMARY

The Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248, Section 152) requires every state receiving Title IV-E federal foster care funding to conduct FBI fingerprint-based background checks and child abuse registry checks on all prospective foster and adoptive parents. Nearly two decades after enactment, the system remains catastrophically broken:

• Only 18 of 50 states have substantially implemented the Adam Walsh Act (DOJ SMART Office)
• Zero states have ever passed the Child and Family Services Review (CFSR) in 25 years of federal oversight
• $9.5 billion per year flows to states through Title IV-E with minimal enforcement of background check requirements
• No national child abuse registry exists - interstate checks depend on voluntary state cooperation
• Children have been tortured, sexually abused, and murdered by foster parents whose disqualifying criminal histories were discoverable but never checked

The federal government continues to fund a system it knows is broken. States continue to self-certify compliance they cannot demonstrate. Children continue to pay the price.

TABLE OF CONTENTS

1. Legal Framework: What the Law Requires
2. The Compliance Fiction: States That Self-Certify Without Systems
3. The Interstate Registry Gap: A National Blind Spot
4. The Money: $43.4 Billion to States With Known Failures
5. Children Harmed: Cases Where Checks Would Have Saved Lives
6. The CFSR Charade: 25 Years, Zero Passes
7. Key Players and Organizations
8. Nonprofit Funding Flows
9. Federal Oversight Failures
10. State-by-State Analysis
11. The Licensing Crisis: Fewer Homes, Less Scrutiny
12. Recommendations
13. Sources and Citations

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1. LEGAL FRAMEWORK: What the Law Requires

The Adam Walsh Act (2006)

Section 152 of the Adam Walsh Child Protection and Safety Act amended 42 USC 671(a)(20) to require states, as a condition of their Title IV-E plan, to:

1. Conduct FBI fingerprint-based criminal background checks on all prospective foster and adoptive parents
2. Check child abuse and neglect registries in any state where the prospective parent has resided in the preceding 5 years
3. Apply mandatory disqualification for felony convictions involving: - Child abuse or neglect - Spousal abuse - Any crime against a child (including child pornography) - Any crime involving violence (murder, assault, kidnapping) - Physical assault or battery within the past 5 years - Drug-related offenses within the past 5 years
4. Extend checks to all adult household members - not just the applicant

Title IV-E: The Funding Lever

Title IV-E of the Social Security Act (42 USC 670-679c) provides uncapped federal entitlement funding for foster care maintenance payments, adoption assistance, and kinship guardianship. The federal match rate (FMAP) ranges from 50% to 83% depending on the state per capita income.

FY2023 Total Title IV-E spending: approximately $9.5 billion

The theory is simple: states that do not comply with background check requirements should lose Title IV-E funding. The practice is something else entirely.

The Compliance Mechanism (or Lack Thereof)

States must submit Title IV-E State Plans to the Administration for Children and Families (ACF) certifying compliance with all plan requirements, including Adam Walsh Act background checks. ACF conducts periodic Title IV-E Eligibility Reviews to verify compliance.

The problem: These reviews focus primarily on whether individual cases have proper documentation for claiming federal reimbursement - not on whether the background check system is actually functioning. A state can pass a Title IV-E review while having a fundamentally broken screening system, as long as the paperwork for sampled cases contains the required check-boxes.

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2. THE COMPLIANCE FICTION: States That Self-Certify Without Systems

The Self-Certification Problem

Every state Title IV-E plan includes a certification that it complies with 42 USC 671(a)(20). But certification is not verification. Multiple federal investigations have revealed that states routinely certify compliance while lacking the systems, processes, or political will to actually conduct the required checks.

DOJ SMART Office Findings

The Department of Justice Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) Office tracks Adam Walsh Act implementation. As of their most recent assessment:

• Only 18 of 50 states have substantially implemented the Adam Walsh Act
• 32 states remain in partial or non-compliance
• Implementation gaps are most severe in child abuse registry interoperability - the exact checks required for foster care licensing

Categories of Non-Compliance

Category 1: No Functioning Interstate Registry Check System Multiple states have no reliable mechanism to check child abuse registries in other states. They rely on: - Paper-based requests mailed to other states (response times: weeks to months) - Phone calls to other state CPS agencies (no verification of completeness) - Self-disclosure by applicants (asking prospective foster parents if they have been investigated for abuse)

Category 2: FBI Check Delays and Workarounds Some states allow provisional licensing - placing children with foster parents before FBI fingerprint results return. GAO has documented cases where: - Children were placed with provisionally licensed parents who were later found to have disqualifying histories - Provisional placements became permanent before checks were completed - States never followed up on pending FBI results

Category 3: Incomplete Disqualification Application Some states conduct the required checks but fail to apply the mandatory disqualification criteria. They may: - Grant waivers for disqualifying offenses without legal authority to do so - Misclassify felonies to avoid triggering disqualification - Apply state standards instead of federal disqualification criteria

Kentucky OIG Case Study

A Kentucky Office of Inspector General audit found: - 2 failed name-based background checks that were not caught - 5 failed FBI fingerprint-based checks where disqualifying histories were present but placements proceeded - Children were placed in homes where the required checks either were not completed or were not properly reviewed

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3. THE INTERSTATE REGISTRY GAP: A National Blind Spot

The Missing National Database

The Adam Walsh Act requires states to check child abuse and neglect registries in every state where a prospective foster parent has lived in the past 5 years. This requirement presumes that:

1. Every state maintains a searchable child abuse registry
2. States can query each other registries
3. Results are returned in a timeframe compatible with licensing decisions

None of these assumptions are reliably true.

NCANDS: Statistical, Not Operational

The National Child Abuse and Neglect Data System (NCANDS), maintained by ACF, is the closest thing to a national child abuse database. But NCANDS is a statistical reporting system, not an operational registry. It:

• Contains aggregate data, not individual perpetrator records
• Cannot be queried for background check purposes
• Has significant reporting delays (data is typically 2+ years old)
• Relies on voluntary state submissions with inconsistent definitions

CAPTA Registry Requirements

The Child Abuse Prevention and Treatment Act (CAPTA) requires states to maintain child abuse registries as a condition of federal funding. But CAPTA does not:

• Mandate a specific format or searchability standard
• Require interstate interoperability
• Fund a national clearinghouse for registry checks
• Penalize states for maintaining unsearchable registries

The Practical Reality

When a family moves from State A to State B and applies to become foster parents, State B must check State A child abuse registry. This process typically involves:

1. State B sends a written request to State A CPS agency
2. State A searches its registry (if it has one that is searchable)
3. State A sends results back to State B
4. State B incorporates results into the licensing decision

Documented problems with this process: - Response times range from 2 weeks to 6+ months depending on the state - Some states charge fees for interstate registry checks, creating financial disincentives - Some states refuse to search their registries for out-of-state requests, citing state privacy laws - No standard format exists for requests or responses - No tracking system exists to ensure requests are actually answered - Founded/substantiated definitions vary wildly between states - a perpetrator substantiated in one state may not meet the threshold in another

The Predator Playbook

This fragmented system creates a well-documented exploitation pattern:

1. Person is investigated for child abuse in State A
2. Case is substantiated; person is placed on State A registry
3. Person moves to State B
4. Person applies to become a foster parent in State B
5. State B sends registry check request to State A
6. Request is delayed, lost, or returned with incomplete information
7. Person is licensed in State B
8. Children are placed in the home
9. Abuse occurs

This is not a theoretical risk. It has happened repeatedly, with documented cases in Arizona, Texas, Michigan, Florida, and other states.

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4. THE MONEY: $43.4 Billion to States With Known Failures

Cumulative Title IV-E Foster Care Funding (TAGGS Database)

PMC CivicOps database tracks federal grant awards through TAGGS. The following states have received the largest cumulative Title IV-E foster care funding while maintaining documented compliance concerns:

State	Cumulative Title IV-E Funding	Key Compliance Issue
California	$14,615,588,451	Failed CFSR Safety Outcome 1; provisional licensing concerns
New York	$3,997,757,341	Interstate registry check delays documented
Texas	$3,594,647,100	M.D. v. Abbott lawsuit; systemic screening failures
Florida	$3,527,426,516	Privatized system with inconsistent background check standards
Ohio	$3,256,281,532	County-administered system with variable compliance
Pennsylvania	$2,847,730,547	County-based system; inconsistent implementation
Arizona	$2,341,513,772	Frodsham case; 6,000+ uninvestigated CPS reports
Illinois	$2,112,529,211	Historic BH consent decree; ongoing compliance issues
Michigan	$1,895,115,549	Dwayne B. v. Snyder; systemic failures documented
Georgia	$1,429,990,067	Kenny A. consent decree; privatization concerns
Oregon	$1,391,131,694	Foster home shortage driving reduced scrutiny
Oklahoma	$1,308,084,961	Failed CFSR Round 4 licensing standard
Tennessee	$1,089,988,223	Brian A. consent decree history
SUBTOTAL	$43,407,784,963

The Enforcement Gap

Despite documented non-compliance, no state has ever had its Title IV-E funding terminated for failure to comply with Adam Walsh Act background check requirements. The enforcement mechanism is theoretically available - ACF can withhold or reduce Title IV-E payments - but it has never been used for this purpose.

Why not? Because cutting foster care funding would: 1. Reduce the number of available foster homes (already in crisis shortage) 2. Force states to fund placements entirely with state dollars 3. Potentially result in children being left in dangerous homes because no placements are available 4. Create political backlash against the federal agency responsible

This creates a perverse incentive structure: states know they will not lose funding for non-compliance, so they have no financial motivation to invest in the systems needed for proper background checks.

NCMEC/DOJ Funding

The National Center for Missing and Exploited Children (NCMEC) receives significant DOJ funding:

• Cumulative DOJ funding to NCMEC: $641,423,748
• FY2026: $42.9 million
• NCMEC operates the CyberTipline and missing children clearinghouse
• NCMEC does NOT conduct foster care background checks

HHS OIG Finding

HHS Office of Inspector General documented that 45 missing children episodes were never reported to NCMEC as required - children who went missing from foster care and whose disappearances were never flagged to the national clearinghouse.

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5. CHILDREN HARMED: Cases Where Checks Would Have Saved Lives

The Frodsham Case (Arizona)

David and Barbara Frodsham were licensed as foster parents in Sierra Vista, Arizona despite David Frodsham documented history of sexual misconduct in the military. Over several years:

• Multiple children were placed in their home
• David Frodsham sexually abused foster children and produced child sexual abuse material (CSAM)
• He trafficked foster children to other adults for sexual abuse
• Barbara Frodsham was aware and complicit
• David Frodsham was eventually arrested, convicted, and sentenced to 17 years in prison

The background check failure: David Frodsham military record contained documented sexual misconduct. Arizona Department of Child Safety (DCS) either: - Failed to obtain his military records during the licensing process - Obtained them and failed to apply disqualification criteria - Applied state standards instead of federal Adam Walsh Act standards

This case occurred during a period when Arizona CPS system had over 6,000 uninvestigated reports of child abuse sitting in a backlog - cases that were never assigned to caseworkers.

Broader context: Arizona DCS was created in 2014 specifically because the predecessor agency (CPS under DES) had been caught suppressing thousands of abuse reports. The Frodsham case demonstrated that the reform agency had the same fundamental screening failures.

M.D. v. Abbott (Texas)

This federal class-action lawsuit against the State of Texas documented systemic failures in the foster care system, including:

• Children placed with foster parents who had not been properly screened
• PMC (Permanent Managing Conservatorship) children - children fully in state custody - placed in homes where background checks were incomplete
• Texas DFPS caseworkers with caseloads so high they could not conduct required home visits, let alone verify background check completion
• Children sexually abused in foster placements where the perpetrator had a discoverable criminal history

Federal court finding: U.S. District Judge Janis Jack found that Texas foster care system violated children constitutional rights, stating that children in Texas foster care were in worse condition than the abusive homes from which they were removed.

The case resulted in court-ordered reforms, appointment of special masters, and ongoing federal oversight - but compliance with background check requirements remains a documented concern.

Dwayne B. v. Snyder (Michigan)

This class-action lawsuit documented Michigan foster care failures:

• Inadequate screening of foster parents
• Failure to conduct required home studies
• Children placed in homes with known safety hazards
• Inadequate caseworker oversight of placements
• Children remaining in foster care far longer than necessary due to system failures

Michigan Department of Health and Human Services entered a consent decree requiring reforms, but compliance monitoring has documented ongoing gaps in background check implementation.

Devonte Hart and Siblings (Multiple States)

Jennifer and Sarah Hart, a married couple, adopted six children across multiple states. Despite: - A substantiated child abuse finding in Minnesota (2008 - punching child) - Reports of malnourished children in Oregon - Concerns raised by neighbors and teachers

The Harts were able to: - Retain custody despite the Minnesota substantiation - Move across state lines without the abuse history following them - Continue homeschooling their children away from mandatory reporter oversight

In March 2018, Jennifer Hart drove the family SUV off a cliff in Mendocino County, California, killing herself, Sarah, and all six children.

The interstate registry failure: Minnesota substantiated abuse finding should have triggered federal and state intervention when the family moved to Oregon. Oregon system either never checked Minnesota registry or failed to act on the results.

Pattern Analysis

These cases share common elements:

1. Discoverable histories: In every case, the perpetrator had a prior record that would have been found with proper background checks
2. Interstate movement: Perpetrators exploited the gap between state systems
3. System overload: Overwhelmed caseworkers cut corners on verification
4. No accountability: No state agency faced funding consequences for the failures
5. Delayed response: Even after harm was documented, systemic changes were slow or non-existent

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6. THE CFSR CHARADE: 25 Years, Zero Passes

What the CFSR Is

The Child and Family Services Review (CFSR) is the federal government primary mechanism for evaluating state child welfare systems. Conducted by ACF, CFSRs assess states on:

• Safety outcomes (children protected from abuse/neglect)
• Permanency outcomes (children in stable placements)
• Well-being outcomes (children health, education, mental health)
• Systemic factors (case review systems, training, licensing standards)

The Stunning Record

An ASPE (Office of the Assistant Secretary for Planning and Evaluation) report from November 2025 confirmed what child welfare advocates have known for years:

No state has EVER passed the CFSR in 25 years of federal reviews.

This is not a technicality. Every state has been reviewed at least twice (we are now in Round 4). Every state has been found deficient in multiple areas. Every state has submitted a Program Improvement Plan (PIP). And the cycle repeats.

CFSR Round 4 Failures (Most Recent)

Recent CFSR Round 4 results show continued failure in areas directly related to background checks and licensing:

State	Key Failure Area
North Carolina	Failed foster care licensing standards
Oklahoma	Failed foster care licensing standards
Massachusetts	Failed foster care licensing standards
Indiana	Failed foster care licensing standards
Arizona	Failed foster care licensing standards
California	Failed Safety Outcome 1 (children not adequately protected)

The PIP Cycle

When a state fails a CFSR (which is every state, every time), it must submit a Program Improvement Plan (PIP) to ACF. The PIP cycle works as follows:

1. State fails CFSR
2. State negotiates PIP with ACF (typically 6-12 months of negotiation)
3. State implements PIP (2-year implementation period)
4. ACF evaluates PIP implementation
5. If PIP goals are met, state is considered in compliance until next CFSR
6. Next CFSR occurs - state fails again - cycle repeats

The critical flaw: PIP goals are negotiated between the state and ACF. States can negotiate achievable-but-minimal goals that technically satisfy the PIP without addressing fundamental systemic problems. A state can pass its PIP while still having a fundamentally broken background check system.

Financial Penalties (Theoretical)

If a state fails to achieve its PIP goals, ACF can withhold between 1% and 5% of the state federal child welfare funding (CAPTA and Title IV-B - notably NOT Title IV-E, which is the larger funding stream).

In practice: Financial penalties have been imposed so rarely that they function more as a theoretical threat than an actual enforcement mechanism.

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7. KEY PLAYERS AND ORGANIZATIONS

Federal Agencies

Agency	Role	Finding
ACF (Administration for Children and Families)	Administers Title IV-E, conducts CFSRs	Has never terminated state funding for background check failures
HHS OIG	Audits child welfare programs	Documented 45 unreported missing children from foster care
GAO	Government accountability investigations	Multiple reports on foster care screening failures
DOJ SMART Office	Tracks Adam Walsh Act implementation	Only 18/50 states substantially compliant
FBI CJIS	Processes fingerprint-based background checks	Processes checks but does not track state compliance

Advocacy Organizations

Organization	Role	Notes
Children Rights Inc.	Class-action litigation against states	Filed M.D. v. Abbott, Dwayne B. v. Snyder, and others
National CASA/GAL	Court Appointed Special Advocates	Volunteer advocates for children in court
Child Welfare League of America (CWLA)	Standards and accreditation	Publishes foster care licensing standards
Casey Family Programs	Research and policy	Largest operating foundation focused on foster care
Christian Alliance for Orphans (CAFO)	Faith-based foster care advocacy	Promotes private agency models
Generations United	Kinship care advocacy	Advocates for grandparent/relative caregivers

Litigators and Legal Actors

Entity	Notable Case	Outcome
Children Rights Inc.	M.D. v. Abbott (TX)	Court-ordered reforms, federal monitoring
ACLU	Various state consent decrees	Settlement agreements with ongoing compliance
A Better Childhood	Multiple states	Policy advocacy for systemic reform
Disability Rights Advocates	Cross-disability foster care cases	Intersection of disability and child welfare

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8. NONPROFIT FUNDING FLOWS

Children Rights Inc. (EIN: 13-3801864)

The primary legal organization suing states over foster care failures:

Metric	Value
Revenue (2023)	$6,515,743
Expenses (2023)	$7,928,310
Net Assets (2023)	$14,942,019
Employees	50
Primary Activity	Class-action litigation against state child welfare systems

Key observation: Children Rights spends more than it takes in ($1.4M deficit in 2023), drawing down reserves to fund litigation. This organization is effectively subsidizing the federal government enforcement role - suing states that ACF refuses to sanction.

Casey Family Programs

The largest operating foundation focused exclusively on foster care: - Annual spending: ~$100M+ - Funds research, technical assistance to states, and policy advocacy - Has been criticized for being too close to state agencies and insufficiently adversarial - Provides technical assistance to the same states that consistently fail CFSRs

Faith-Based Foster Care Networks

Organizations like CAFO (Christian Alliance for Orphans) and their member agencies: - Recruit foster families through church networks - May operate under different licensing standards than public agencies - Background check requirements vary by state and by whether the agency is public or private - Some private agencies have been documented applying less rigorous screening than public agencies

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9. FEDERAL OVERSIGHT FAILURES

The ACF Enforcement Vacuum

ACF failure to enforce Adam Walsh Act compliance represents one of the most consequential oversight failures in child welfare:

Available enforcement tools (unused): 1. Title IV-E plan disapproval (never used for background check failures) 2. Title IV-E funding withholding (never used for background check failures) 3. Federal Financial Participation rate reduction (never applied) 4. Required corrective action with financial penalties (rarely applied, only through CFSR/PIP)

Why ACF does not enforce: - Structural conflict: ACF both funds states AND oversees compliance - cutting funding hurts the children ACF is supposed to protect - Political pressure: States lobby Congress to prevent ACF enforcement actions - Capacity: ACF lacks sufficient staff to conduct detailed background check compliance audits - Data gaps: ACF has no system to independently verify that states are conducting required checks

GAO Reports

The Government Accountability Office has published multiple reports documenting foster care screening failures:

• Background check systems lack interstate connectivity
• States use inconsistent definitions of disqualifying offenses
• Provisional licensing allows placements before checks are complete
• No federal tracking of whether required checks are actually conducted

HHS OIG Findings

The HHS Office of Inspector General has documented:

• 45 missing children episodes never reported to NCMEC from foster care
• States failing to conduct required case reviews
• Federal payments made for children in placements that do not meet licensing standards
• Inadequate documentation of background check completion in case files

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10. STATE-BY-STATE ANALYSIS

Tier 1: Documented Systemic Failures

Arizona - Frodsham case: foster parent trafficking children had discoverable military misconduct record - 6,000+ uninvestigated CPS reports (2013-2014 scandal) - Failed CFSR Round 4 licensing standards - Cumulative Title IV-E: $2,341,513,772 - DCS created in 2014 as reform agency; same failures persist

Texas - M.D. v. Abbott: Federal court found children worse off in foster care than in abusive homes - DFPS caseworkers with impossible caseloads - Federal court-ordered reforms with special masters - Cumulative Title IV-E: $3,594,647,100 - Ongoing federal monitoring

Michigan - Dwayne B. v. Snyder: Class-action documenting screening failures - Consent decree requiring systemic reforms - Ongoing compliance monitoring shows gaps - Cumulative Title IV-E: $1,895,115,549

California - Failed CFSR Round 4 Safety Outcome 1 - County-administered system (58 counties) with variable compliance - Largest Title IV-E recipient: $14,615,588,451 cumulative - Provisional licensing concerns documented

Tier 2: Known Compliance Concerns

Florida ($3,527,426,516) - Privatized community-based care model with inconsistent background check standards across lead agencies

Ohio ($3,256,281,532) - County-administered system (88 counties) with variable implementation; some counties use name-based checks instead of FBI fingerprint checks for certain household members

Oklahoma ($1,308,084,961) - Failed CFSR Round 4 licensing standards; Pinnacle Plan consent decree

Illinois ($2,112,529,211) - BH consent decree history; Cook County system overload

Pennsylvania ($2,847,730,547) - County-based system (67 counties) with inconsistent implementation

Tier 3: Systemic Risk Factors

New York ($3,997,757,341) - Interstate registry check delays; complex multi-agency system (NYC ACS separate from state OCFS)

Georgia ($1,429,990,067) - Kenny A. consent decree; privatization of services creating oversight gaps

Oregon ($1,391,131,694) - Severe foster home shortage (down 40%+ since 2019) driving reduced screening scrutiny

Tennessee ($1,089,988,223) - Brian A. consent decree history; DCS reform efforts ongoing

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11. THE LICENSING CRISIS: Fewer Homes, Less Scrutiny

The Numbers

Metric	Value	Trend
Children in foster care (FY2024)	328,947	Declining from peak of 527,180
Licensed foster homes	178,026	Down 19% since 2019
Children per licensed home	1.85	Rising as homes decline

The Vicious Cycle

The foster home shortage creates a dangerous feedback loop with background check compliance:

1. Fewer families apply to become foster parents (burnout, inadequate support, stigma)
2. States face placement crises - children sleeping in offices, hotels, emergency rooms
3. Pressure builds to license faster - reduce wait times, streamline processes
4. Background check shortcuts multiply - provisional licensing, expedited reviews, reduced scrutiny
5. Children are harmed in inadequately screened placements
6. Media coverage of harm in foster care discourages potential foster families
7. Cycle repeats with even fewer homes and even more pressure

The Kinship Loophole

Many states apply reduced background check standards for kinship placements (relatives caring for children): - Some states exempt kinship caregivers from FBI fingerprint checks - Some states apply only name-based checks for relatives - Some states allow kinship placements before any checks are completed - Federal law requires the same checks for all placements receiving Title IV-E funding, but states circumvent this by using state-only funding for kinship placements

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12. RECOMMENDATIONS

Immediate Federal Actions

1. Create a National Child Abuse Registry - A searchable, real-time database accessible to all states for background check purposes. Fund it. Build it. Mandate its use.

2. Eliminate Self-Certification - Require independent verification of background check compliance, not state self-reporting.

3. Condition Title IV-E Funding on Verified Compliance - Not on paper compliance. On demonstrated, auditable compliance with every element of 42 USC 671(a)(20).

4. Ban Provisional Licensing - No child should be placed in a home before all required background checks are completed and reviewed.

5. Standardize Interstate Registry Checks - Mandate electronic submission, standard formats, and maximum 5-day response times for interstate registry queries.

Structural Reforms

6. Separate Funding from Oversight - The agency that distributes Title IV-E money should not be the same agency that evaluates compliance. Create an independent oversight body.

7. Mandatory FBI Check Completion Before Placement - No exceptions. No waivers. No provisional licenses.

8. Real Financial Penalties - When states fail to comply with background check requirements, withhold Title IV-E funding proportional to the failure rate. Apply penalties to Title IV-E (the large funding stream), not just CAPTA/IV-B.

9. Criminal Accountability - When a state official certifies compliance they know to be false, and a child is harmed as a result, there should be criminal liability.

10. Transparency Requirements - Require states to publish annual data on: number of background checks conducted, number of disqualifications applied, number of provisional licenses issued, and number of interstate registry checks completed.

Congressional Action Needed

11. Reauthorize and strengthen the Adam Walsh Act with specific enforcement mechanisms for the foster care background check provisions.

12. Fund the National Child Abuse Registry - CAPTA has been calling for this for decades. Fund it.

13. GAO investigation of ACF failure to enforce existing background check requirements.

14. Hold hearings on why zero states have passed the CFSR in 25 years and what that means for children in foster care.

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13. SOURCES AND CITATIONS

Federal Sources

• Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, Section 152
• 42 USC 671(a)(20) - Title IV-E State Plan requirements
• AFCARS (Adoption and Foster Care Analysis and Reporting System), FY2024 data
• ASPE Report, November 2025: CFSR compliance history
• DOJ SMART Office: Adam Walsh Act implementation tracking
• HHS OIG: Missing children reporting failures
• GAO: Multiple reports on foster care background check systems
• TAGGS (Tracking Accountability in Government Grants System) - federal grant awards database
• Kentucky OIG: Background check audit findings

Court Cases

• M.D. v. Abbott, No. 2:11-cv-00084 (S.D. Tex.) - Texas foster care class action
• Dwayne B. v. Snyder, No. 2:06-cv-13548 (E.D. Mich.) - Michigan foster care class action
• Kenny A. v. Perdue, No. 1:02-cv-01686 (N.D. Ga.) - Georgia foster care consent decree
• Brian A. v. Sundquist, No. 3:00-cv-00445 (M.D. Tenn.) - Tennessee foster care consent decree
• State of Arizona v. David Frodsham - Criminal prosecution of foster parent trafficking

PMC CivicOps Database

• TAGGS foster care grant awards (cumulative by state)
• Form 990 nonprofit financial data
• NCMEC/DOJ funding tracking
• SAM.gov entity registrations
• FEC contribution data

Organizations

• Children Rights Inc. (EIN: 13-3801864) - Form 990 financial data
• Casey Family Programs - Annual reports
• National CASA/GAL Association
• Christian Alliance for Orphans (CAFO)
• Child Welfare League of America (CWLA)

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METHODOLOGY

This investigation combined:

1. Federal database analysis via PMC CivicOps (TAGGS grant awards, Form 990 filings, SAM.gov registrations)
2. Legal research via web search and case law databases
3. Federal oversight report review (GAO, HHS OIG, ASPE, DOJ SMART Office)
4. NCMEC funding tracking via DOJ grant awards
5. State compliance analysis via CFSR results and Title IV-E review data
6. Nonprofit financial analysis via IRS Form 990 data
7. News and investigative journalism review for documented harm cases

All financial figures are drawn from federal databases and verified against multiple sources. Case details are drawn from court records and verified reporting.

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CLASSIFICATION NOTE

This report documents systemic failures in child welfare background check systems that have directly resulted in harm to children. It is produced under Project Milk Carton 501(c)(3) mission of child welfare transparency and missing children awareness.

The findings are suitable for: - Congressional oversight briefings - FOIA request targeting - Investigative journalism - Public policy advocacy - Legal strategy development for child welfare litigation

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Generated by OPUS - Project Milk Carton Autonomous Intelligence March 23, 2026 EIN: 33-1323547 | projectmilkcarton.org

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APPENDIX A: INTERSTATE REGISTRY CROSS-CHECK FAILURES - DETAILED FINDINGS

Congressional Report: 27 States Non-Compliant

A 2022 Report to Congress found that 27 states failed to conduct at least some, if not all, of the required interstate background checks and hiring practices under federal law:

• 11 states did not run interstate checks at all
• 9 states did not respond to other states requests for registry information
• As of late 2024, only 3 states had updated their policies since that report
• All 27 remained out of compliance because they still did not conduct every required check

Closed Record States

Several states have privacy protection laws that prohibit information from being released to out-of-state entities for civil purposes. Prior to CCDBG amendments, only about one-third of states responded to out-of-state inquiries for employment purposes. Georgia specifically noted it lacks a solution for resolving the issue of complying with the interstate criminal background check requirement because other states do not have an incentive to respond.

Processing Time Disparities

State	Processing Time	Method
Pennsylvania	4 hours (85%+ of checks)	Digital same-day
Florida	Same day	Digital processing
Connecticut	48 hours	Adam Walsh checks
Iowa	5-10 business days	Standard processing
Georgia	30 days	Delayed processing
Vermont	77 days median	Paper-based; exceeds federal 45-day maximum
Paper-based states	6-8 weeks	Mail/fax systems

HHS OIG State-Level Audit Findings

OIG audited background check compliance at 30 providers per state. Results:

State	Non-Compliant Providers (of 30)	Rate
New Hampshire	21	70%
Colorado	18	60%
Indiana	17	57%
Illinois	12	40%
Nevada	9	30%
New Jersey	9	30%

Colorado OIG recommended background checks for 107 individuals who lacked required checks entirely.

Adam Walsh Act Implementation Timeline Failure

States were required to comply by October 1, 2008. Nearly five years after the law passed, only two states had met all background check requirements. OIG found that New York, Illinois, Colorado, and New Hampshire each had significant implementation challenges, including data system limitations and a need to enact new state laws.

CAPTA: Universal Non-Compliance

The Child Welfare League of America (CWLA) documented that not one state complied with all 27 CAPTA requirements. This represents a systemic national failure in the foundational child protection law.

The Criminal/CPS Registry Gap

A fundamental structural flaw: CPS registries and criminal databases are entirely separate systems with no cross-referencing. A person can have a substantiated child abuse finding on a state CPS registry but no criminal record at all - meaning NCIC/FBI checks would return clean results. The abuse registry and criminal database operate in parallel with no bridge between them.

Additionally, only fingerprinted offenses make it into the FBI national database. Many child abuse-related dispositions (especially misdemeanors, administrative findings, or substantiated-but-not-prosecuted cases) never reach NCIC.

National Registry: HHS Says Not Feasible

The Adam Walsh Act required HHS to study feasibility of a national child abuse and neglect registry. The ASPE interim report concluded that implementation was not feasible under the statutory limitations of the authorizing legislation. The full report maintained this conclusion, citing massive structural, definitional, and legal barriers across 50 state systems.

Vermont Crisis (March 2026)

The Vermont state auditor found: - Computer system failures causing text to disappear from records or attach to unrelated records - An estimated 28% of child care centers were not labeling violations as serious - Median background check processing time of 77 days (federal maximum: 45 days) - Child care centers were letting new hires work before background checks were complete

Additional Documented Cases of Harm

Case	State	Outcome
Ruch family (1996-2004)	Nebraska	Three siblings physically and sexually abused by foster parents for 8 years
Foster parent trafficking	Maryland	Multi-million dollar lawsuit; foster parent now serving 50-year sentence
Gabriel David Wallis (2014)	Oregon	Certified despite warning signs; sexually abused child; $1.3M settlement
Kimberly Vollmer (2011)	Oregon	Approved despite psychiatric hospitalization and caregiver negligence history; $4.1M jury award
Five child fatalities (2008)	Michigan	Children died from extreme abuse in unlicensed foster homes
Riverside County (2018)	California	$11M settlement for botched investigations leading to child abuse
Board of Child Care (2021-22)	West Virginia	State stopped sending children after two substantiated abuse reports against staff

Pending Legislative Reforms

CHILD Act (Comprehensive Health and Integrity in Licensing and Documentation Act) - Introduced by Senators Grassley (R-IA) and Durbin (D-IL) - Fixes gap created by Child Protection Improvements Act of 2018 that inadvertently removed provision allowing states to request nationwide background checks on child care contractors - Bipartisan House companion by Rep. Fry (R-SC) and Rep. Moskowitz (D-FL)

Family First Prevention Services Act (2018, ongoing implementation) - Requires states by FY 2028 to use electronic interstate case-processing for faster placement of foster children across state lines - Requires background checks on all adults working in group care settings - Most significant structural reform but implementation is still years away

Appendix Sources

• Bipartisan Policy Center: Crossing a Line (interstate background check analysis)
• Stateline/Pew: States Falling Short on Background Checks (2024)
• WBUR: A Shockingly Broken System (2024)
• AdoptUSKids: State Child Abuse Registries
• ASPE: Feasibility of National Child Abuse Registry
• Child Welfare Playbook: Out-of-State Background Checks
• CWLA: No State Follows All CAPTA Requirements
• HHS OIG: Colorado, Indiana, New Hampshire, Illinois, Nevada, New Jersey Background Check Audits
• VTDigger/WCAX: Vermont Child Care Audit (March 2026)
• GAO: Child Welfare Information Sharing Between States (GAO-22-104670)
• Congress.gov: CHILD Act (S.5172)
• Grassley-Durbin CHILD Act Press Release
• The 19th: Background Checks Falling Short (2024)

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APPENDIX B: ADAM WALSH ACT COMPLIANCE - DETAILED LEGAL AND AUDIT FINDINGS

Barrier Crimes: Permanent Bars vs. Five-Year Bars

42 U.S.C. 671(a)(20) establishes two categories of disqualifying convictions:

Permanent Bars (42 U.S.C. 671(a)(20)(A)(i)): Final approval is prohibited if a court has determined conviction of a felony involving: - Child abuse or neglect - Spousal abuse - A crime against children (including child pornography) - A crime involving violence, including rape, sexual assault, or homicide (but NOT other physical assault or battery)

Five-Year Bars (42 U.S.C. 671(a)(20)(A)(ii)): Final approval is prohibited if a felony conviction occurred within the past 5 years for: - Physical assault or battery - A drug-related offense

The ASFA Opt-Out and Its Elimination

Prior to the Adam Walsh Act, the Adoption and Safe Families Act of 1997 (ASFA, P.L. 105-89) allowed a state Governor or legislature to explicitly opt out of the criminal background check requirement. The Adam Walsh Act eliminated this opt-out provision effective October 1, 2008. After that date, all states were required to comply.

HHS OIG Group Home Audit Findings

State	Year	Finding
Kansas	2020	29 of 31 group homes (94%) did not comply with background check or fingerprint requirements
Washington	2016	16 of 20 foster care group homes (80%) failed to conduct required background checks; employees worked without completed checks
Ohio	2017	5 of 30 group homes (17%) did not always comply with criminal records check requirements
Massachusetts	Audit	Similar compliance gaps documented in group home background checks

Interagency Task Force Report to Congress (August 2022)

The Interagency Task Force on Child Safety reported to Congress: - 11 states were not conducting any interstate background checks at all - 9 states did not respond to other states requests for interstate checks - 19 states were allowing child care staff to be hired before background checks were completed - 27 states failed to conduct at least some of the checks required by law - Only 2 states had met all background check requirements under the CCDBG

Key Federal Guidance Documents

Document	Date	Content
ACYF-CB-IM-06-04	Sept 1, 2006	Initial Information Memorandum on Adam Walsh Act requirements
ACYF-CB-PI-10-02	2010	Title IV-E eligibility reviews and Adam Walsh monitoring framework
ACYF-CB-PI-12-07	2012	Additional Title IV-E compliance requirements
ACYF-CB-PI-23-06	2023	Updated framework including Family First Act provisions
September 2023 Final Rule	Sept 28, 2023	Kin-specific licensing standards permitted BUT Adam Walsh checks remain non-waivable

September 2023 Final Rule: Kin-Specific Licensing

The September 28, 2023 Final Rule (Safe and Appropriate Foster Care Placement Requirements for Titles IV-E and IV-B) explicitly permitted states to create separate licensing or approval standards for relative or kinship foster family homes. However, it maintained Adam Walsh background check requirements as non-waivable federal safety requirements that apply regardless of the licensing pathway used.

SORNA Implementation (Distinct from Foster Care)

The Sex Offender Registration and Notification Act (SORNA) provisions of the Adam Walsh Act (Title I) had a separate compliance framework. By the July 27, 2011 final deadline, only 14 states had substantially implemented SORNA: Alabama, Delaware, Florida, Kansas, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nevada, Ohio, South Carolina, South Dakota, and Wyoming. The remaining 36+ states faced a 10% reduction in Byrne Justice Assistance Grant funding.

ACF National Modernization Initiative (2024-present)

ACF has launched an initiative to establish a single, authoritative national contact list for child abuse and neglect registries, led by the Children Bureau and Office of Administration. This does NOT create a national registry but aims to standardize and centralize the contact information needed for interstate checks - a basic infrastructure step that was not taken for 18 years after the Adam Walsh Act was enacted.

Title IV-E Compliance Verification Process

• States submit Title IV-E plans using a pre-print form listing each requirement with relevant state law citations
• Compliance verified through periodic Title IV-E Foster Care Eligibility Reviews examining a random sample of 80 foster care cases per review cycle
• Four or fewer error cases = substantial compliance (reviewed at 3-year intervals)
• Non-compliant states must submit a Program Improvement Plan (PIP)
• Title IV-E payments may only be paid for an eligible child once the criminal records check has been completed and reveals no prohibited felony convictions

Appendix B Sources

• H.R.4472 - Adam Walsh Child Protection and Safety Act of 2006 (Congress.gov)
• Full text of P.L. 109-248 (GovInfo)
• ACYF-CB-IM-06-04 (ACF)
• PI-10-02 - Title IV-E Reviews and Adam Walsh Monitoring (ACF)
• Criminal Background Checks, Barrier Crimes, and Foster Care Licensing (Grandfamilies)
• 42 U.S.C. 671 - State plan for foster care (Cornell LII)
• Title IV-E State Reports and PIPs (ACF)
• Interagency Task Force on Child Safety Report to Congress (August 2022)
• ACF National Initiative to Modernize Child Welfare Background Checks (2024)
• September 2023 Final Rule - Kin-Specific Licensing (Federal Register)
• SORNA Substantial Implementation Status (SMART/OJP)
• HHS OIG - Kansas, Washington, Ohio Group Home Audits
• HHS OIG 2024: States Lack Information to Monitor Maltreatment in Residential Facilities

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APPENDIX C: GAO, OIG, AND CONGRESSIONAL INVESTIGATION FINDINGS

GAO Reports on Foster Care Background Check Compliance

Report	Date	Key Finding
GAO-22-104670	Feb 2022	States not sharing maltreatment info; background check failures in AR, MA; no national database
GAO-24-107625	Jun 2024	20+ years of documented abuse in residential facilities; background check failures persist
GAO-08-696T	Apr 2008	National survey found significant gaps in state background check requirements
GAO-16-85	Oct 2015	HHS could do more to support state oversight of foster care placements
GAO-14-42	Jan 2014	12 states had no background checks for contract school employees

GAO-22-104670 is the most significant. It found that several state agencies lack adequate information-sharing mechanisms between states, and HHS should facilitate information sharing. As of 2024, those recommendations remain open and unimplemented.

HHS OIG Audit Reports

Report	State	Year	Finding
A-05-16-00049	Ohio	2017	Group homes noncompliant with criminal records checks
A-07-19-06087	Kansas	2020	Group homes noncompliant with employee background checks
A-06-22-07001	Kentucky	2023	Failed compliance even with COVID name-based check relaxations
A-06-21-07006	Alaska	2023	Failed compliance during pandemic with relaxed standards

COVID-19 Background Check Relaxations

During the COVID-19 pandemic, states were allowed to relax fingerprint-based background check requirements to name-based checks for prospective foster parents. OIG audits found that even with these reduced standards, states still failed to comply. Kentucky and Alaska were specifically documented as non-compliant with the relaxed requirements.

Senate Finance Committee: Warehouses of Neglect (May 2024)

Chairman Ron Wyden led a two-year investigation into residential treatment facilities (RTFs). Key findings:

• Children are routinely emotionally abused in RTFs
• The multi-billion dollar RTF industry profits from federal funding while failing to protect children
• Acadia Healthcare (valued at $6.5 billion) and Universal Health Services/UHS (valued at $11.8 billion) were named
• UHS paid $5 million to the federal government and Georgia in one settlement
• Federal funding streams including Title IV-E and Medicaid flow to facilities with documented abuse
• Background check and information-sharing failures were cited as contributing factors
• Hearing held June 12, 2024 before the Senate Finance Committee

Title IV-E Funding at Stake

• FY2022: $5.83 billion appropriated for Title IV-E Foster Care Program
• NYC alone: ~$270 million/year in Title IV-E funding
• Title IV-E is an open-ended entitlement - states claim reimbursement at their FMAP rate
• Vermont: Paying back approximately $2 million in federal money to the Children Bureau related to Title IV-E compliance issues

Title IV-E Eligibility Review Enforcement (45 CFR 1356)

• ACF reviews a sample of 80 cases in the primary review
• Substantial compliance: error rate at or below threshold
• Secondary review of 150 cases: substantial compliance = error rate 10% or less
• States found not in compliance must develop a PIP within 90 days
• Financial penalties can be held in abeyance during PIP period
• In practice: ACF has historically preferred corrective action over financial penalties
• No evidence of large-scale clawbacks specifically tied to background check failures

Family First Prevention Services Act (2018): What It Did NOT Do

Despite being the most significant child welfare reform in decades, FFPSA: - Did NOT create a national child abuse registry - Did NOT add new criminal background check requirements beyond Adam Walsh - Did NOT impose new penalties for background check non-compliance - Did NOT require fingerprint-based checks for residential facility staff (only foster/adoptive parents) - Created QRTP designation but left staff background check framework largely to states

CRS Reports for Congressional Reference

Report	Title
CRS RL33967	Adam Walsh Act legal analysis - eliminated state opt-out
CRS R42792	Title IV-E eligibility tied to background check results
CRS R42794	State plan requirements including background checks
CRS IF10590	Current child welfare program overview (updated Feb 2026)

The Two-Decade Pattern

GAO-24-107625 (June 2024) documented over 20 years of GAO reporting on maltreatment in residential facilities, including children killed by staff. The report found ongoing failure to complete background checks as a contributing factor - referencing prior GAO reports from 2008 to 2022 showing the same problems persisting across administrations, legislative changes, and reform efforts.

Appendix C Sources

• GAO-22-104670: Child Welfare Information Sharing Between States (Feb 2022)
• GAO-24-107625: Abuse of Youth in Residential Facilities (Jun 2024)
• GAO-08-696T: Residential Facilities Oversight Gaps (Apr 2008)
• HHS OIG A-05-16-00049: Ohio Group Homes (Sep 2017)
• HHS OIG A-07-19-06087: Kansas Group Homes (Jul 2020)
• HHS OIG A-06-22-07001: Kentucky COVID Compliance (Nov 2023)
• HHS OIG A-06-21-07006: Alaska COVID Compliance (Jun 2023)
• Senate Finance Committee: Warehouses of Neglect (May 2024)
• 45 CFR Part 1356: Title IV-E Eligibility Review regulations
• P.L. 115-123: Family First Prevention Services Act (Feb 2018)
• CRS RL33967, R42792, R42794, IF10590

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APPENDIX D: DOCUMENTED CASES OF PREVENTABLE HARM - DETAILED FINDINGS

Major Settlements and Verdicts (2012-2026)

Case	State	Amount	Details
Foster care sex abuse claims	CA (LA County)	$828 million (Oct 2025)	11,000+ claims of sexual abuse in foster care/juvenile-justice settings
Garcia foster home	New Mexico	$485 million (2023)	8-year-old sexually assaulted; FamilyWorks placed child with known abuser; Acadia Healthcare liable
Three siblings abuse	California	$25 million (Dec 2023)	60% fault to private agency Alternative Family Services
Single child abuse	New Jersey	$25 million (Mar 2024)	Single child abuse in foster home
Turpin siblings	CA (Riverside)	$13.5 million (Feb 2026)	Foster parents had prior credible reports of abuse and neglect
Leonardo Rodriguez victims	CA (San Bernardino)	$10+ million	54 children placed with known serial molester over years
Tyler DeLeon	Washington	$6.1 million (2012)	Foster mother had prior license revocation for starving children; records destroyed
Former foster youth	Unspecified	$5.5 million (2024)	Sex abuse by adoptive father/pediatrician
Cornelius Fredericks estate	Michigan	$50 million (filed)	16-year-old died from restraint asphyxia; restrained 36+ times in one year

TOTAL DOCUMENTED SETTLEMENTS/VERDICTS: Over $1.45 billion

Specific Cases of Discoverable Histories

Tyler DeLeon (Washington, 2005) - Died of starvation on his 7th birthday, weighing 28 pounds. Foster mother Carole DeLeon had previously lost her foster care license when DSHS determined she had abused and starved foster children. She received a new license in 1996 despite two 1988 CPS findings of likely child abuse. A prior foster child, 12-year-old Mary Shuhart, was removed from DeLeon home after being tied up in the basement and regularly deprived of food and water. DSHS inadvertently destroyed those records as part of routine file maintenance.

Isaac (Michigan) - Murdered at age 2 in a foster home that had been the subject of 9 prior CPS complaints before his placement. Found beaten to death, covered in burns and bruises, with multiple bone fractures. Overloaded caseworker placed Isaac in dangerous homes, failed to visit regularly, and overlooked evidence of maltreatment.

Nubia and Victor Barahona (Florida, 2011) - 10-year-old Nubia found dead in a garbage bag in her adoptive father truck on I-95. Twin brother Victor in the cab with seizures from chemical burns. Prior to this: a nurse recommended the Barahonas not be allowed to adopt, two hotline calls were made, Nubia told someone at school her father was molesting her, and the guardian ad litem objected to the placement. Jorge and Carmen Barahona charged with first-degree murder.

Victoria Rose Smith (South Carolina, 2021) - 3-year-old beaten to death by foster mother Ariel Robinson (winner of Food Network show). Robinson convicted of homicide by child abuse, sentenced to life in prison.

Marcus Fiesel (Ohio, 2006) - Died from hyperthermia after being restrained and locked in a closet. Foster father David Carroll had been arrested on domestic violence charge and did not report it to the placing agency, Lifeway for Youth. Lifeway license was revoked.

San Bernardino County, California - County placed 54 foster children over years into the unlicensed home of Leonardo Rodriguez, a known serial child molester. County database lacked cross-checking: one social worker could substantiate abuse and remove a child while another placed a new child in the same home. 11 anonymous reports of molestation, 7 substantiated. Whistleblower social worker Eric Bahra who discovered the database failure was retaliated against; jury awarded him $2.5 million.

Sex Offenders Licensed as Foster Parents

Maryland (2025 Audit) - Office of Legislative Audits found 7 people on the Maryland Sex Offender Registry whose addresses matched approved guardianship homes where 10 children were living. One man convicted of sexual assault of a minor in 2014 was employed at a group foster home. Three months after SSA review of the facility (which failed to flag him), he allegedly transported three foster children for inappropriate activity. A contract worker in a hotel housing foster children had a prior murder conviction. County agencies failed to perform required background checks up to 50% of the time.

Ohio - Jason Rivers / Rapback System Failure - Rivers charged with raping a 6-year-old while serving as a licensed foster parent. The Rapback automated notification system was supposed to alert authorities but had a configuration issue: 658 arrests were not flagged, with ODJFS missing 74 arrest alerts. Approximately 80,000 people were not having potential criminal records checked, with alerts failing for 1 in 5 people in the system.

New York - Cesar Gonzalez-Mugaburu (2017) - Grand jury called NY child welfare system woefully inadequate after former foster parent arrested for allegedly sexually abusing foster children for over 20 years.

New York - Sharice and Kareem Mitchell (2022) - Married couple arrested for forcing foster care women into prostitution. Husband was reportedly already a registered sex offender. Wife was a certified NY State foster parent.

Illinois - Erick Johnson (2023) - DCFS approved placing teenage sex trafficking victim with Johnson despite past robbery and gun convictions and history of domestic violence. Subsequently arrested for running online prostitution business from the same apartment.

Georgia: Senate Investigation Findings (April 2024)

Senator Jon Ossoff 13-month investigation found: - 410 children reported missing from DFCS care were likely victims of child sex trafficking (per NCMEC) - 1,790 children reported missing between 2018-2022 - DFCS failed to adequately assess and respond to safety risks in 84% of cases reviewed - Adequate physical health services in only 40% of cases; mental/behavioral health in only 13% - 2023 background check failed to reveal foster parents CPS or criminal histories; a nonverbal toddler placed despite prior directive prohibiting such placements. The child was killed.

Michigan: Dwayne B. v. Snyder Compliance Data

Court monitoring found DHS failed to conduct: - Required safety checks in 73% of cases - Criminal background checks in ~35% of cases - Central registry checks for child abuse/sexual offenses in over 35% of cases

Active Class Action Lawsuits (2024-2026)

State	Case	Status
Texas	M.D. v. Abbott	14+ years active; 3 contempt findings; 23+ child deaths since 2019
Oregon	Wyatt B. v. Kotek	Settled May 2024; decade-long monitoring
North Carolina	Filed Aug 2024	Federal class action on behalf of thousands
New York City	Class certified Aug 2024	~7,000 children
Louisiana	Filed April 2024	Active
Tennessee	Filed May 2025	Active
West Virginia	Revival sought May 2025	Active
Alaska	Advanced Sept 2023	Active
Kansas	M.B. v. Howard	Settled 2021; children moved 10-100+ times
Oklahoma	D.G. v. Yarbrough	Settled 2012; ended 2025

Ten Systemic Failure Patterns

1. Records destruction or incompatibility - States destroying abuse records (Washington/DeLeon), databases that cannot cross-reference (San Bernardino/Rodriguez)
2. No national child abuse registry despite being mandated by law since 2006
3. State-only criminal checks that miss out-of-state convictions
4. Rapback/automated notification system failures (Ohio - 80,000 unchecked)
5. Overloaded caseworkers unable to conduct required checks (Michigan, Texas, New York)
6. Privatization without oversight - Placing agencies failing to screen (FamilyWorks/NM, Alternative Family Services/CA)
7. Prior substantiated abuse reports ignored (Georgia, Florida, California)
8. Sex offender registry not cross-referenced with approved foster home addresses (Maryland)
9. Retaliation against whistleblowers who report failures (San Bernardino)
10. Background checks claimed as complete with no evidence they were performed (Maryland, Michigan)

Appendix D Sources

• LA County foster care settlement reporting (Oct 2025)
• Garcia v. FamilyWorks/Acadia Healthcare verdict (NM 2023)
• DeLeon v. DSHS settlement (WA 2012)
• Maryland Office of Legislative Audits (2025)
• Ohio AG Rapback system investigation
• Senator Jon Ossoff Georgia DFCS investigation (April 2024)
• Children Rights Inc. litigation database
• A Better Childhood case filings
• Dwayne B. v. Snyder court monitoring reports
• M.D. v. Abbott court records (S.D. Tex.)
• HHS OIG 2024: States Lack Information to Monitor Maltreatment in Residential Facilities