Foster Care During COVID: How the Pandemic Made Vulnerable Children Invisible

The COVID-19 pandemic disrupted nearly every part of daily life, including the systems designed to protect vulnerable children. Schools closed, in-person services stopped, and many Child Protective Services (CPS) investigations moved online or were delayed altogether. As a result, many children in foster care or unsafe homes lost regular contact with teachers, doctors, social workers, and other mandatory reporters who would normally notice warning signs of abuse or neglect.

These child welfare pandemic failures are especially relevant in cases involving foster care abuse and negligence during COVID-19, including the tragic death of Karreon Franks in November 2020. While the pandemic created unprecedented challenges, government agencies and mandatory reporters still had legal duties to protect children from harm — and families whose children were harmed during this period may have grounds for legal claims against DCYF and other responsible parties.

How Did COVID-19 Affect the Foster Care System?

The COVID-19 pandemic placed enormous strain on the child welfare system across the United States. According to federal data, the number of children in foster care dropped by 14% during the first six months of the pandemic, while reports of abuse and neglect also declined. However, many experts warned that this did not necessarily mean abuse itself decreased.

Child welfare systems heavily rely on in-person interactions. Teachers, school counselors, pediatricians, daycare workers, bus drivers, and social workers are often the first people to recognize signs of abuse or neglect. During lockdowns and remote schooling, many of these critical safety checkpoints disappeared.

Researchers at the Brookings Institution explained that stay-at-home orders rendered many abuse detection systems “almost completely powerless” because children were no longer regularly seen by mandatory reporters. At the same time, home investigations, court hearings, parenting programs, and welfare checks slowed significantly or moved online.

Why Did Reports of Child Abuse Decline During COVID?

One of the most concerning aspects of the pandemic was the dramatic decline in child abuse reports. The Centers for Disease Control and Prevention (CDC) reported that official child abuse reports declined by 20% to 70% during portions of the pandemic. Experts widely attributed this decline to reduced face-to-face contact between children and the trusted adults required to report suspected abuse.

School closures played a significant role. In many abuse cases, educators are the first to notice bruises, hunger, behavioral changes, or hear concerning statements from children. Without classrooms, sports, and extracurricular activities, many warning signs likely went unnoticed.

As The Washington Post reported during the pandemic, “In a world without school, doctors and advocates say, no one is there to watch, to speak up, until it’s too late.”

Did Child Abuse Actually Decrease During the Pandemic?

Although reports declined, many experts believe abuse itself did not decrease but rather became more difficult to identify.

Scholars presenting at a 2021 American Academy of Pediatrics conference reported that several pediatric trauma centers saw substantial increases in severe child abuse injuries among older children during the early months of the pandemic. At the same time, families across the country were under immense pressure — unemployment, housing insecurity, mental health struggles, school disruptions, and isolation — all of which are associated with increased risk of abuse and neglect.

How Were CPS Investigations and Foster Care Oversight Affected?

COVID-19 significantly changed how CPS investigations and foster care oversight were conducted. Many CPS visits shifted to virtual platforms or were delayed due to health restrictions, staffing shortages, and concerns about virus exposure, making it more difficult for caseworkers to assess home safety and investigate allegations in person.

Research published by the National Institutes of Health (NIH) involving CPS workers and foster care professionals found that many agencies struggled with:

• Delayed or limited home visits
• Remote welfare checks instead of in-person assessments
• Court delays lasting months or longer
• Limited access to transportation and visitation services
• Increased worker burnout and staffing shortages
• Difficulty obtaining protective equipment
• Limited access to support programs for foster families

While agencies attempted to adapt, virtual contact often made it harder to identify signs of abuse, neglect, malnutrition, or unsafe living conditions.

Washington Child Protection Laws Still Applied During COVID-19

Washington law required mandatory reporters to continue reporting suspected child abuse and neglect during the pandemic under RCW 26.44.030. The pandemic did not suspend or modify these obligations.

Similarly, DCYF and CPS continued to have a legal duty to investigate reports of abuse and to take reasonable steps to protect children in state-supervised care. Washington courts have recognized that when the state assumes custody of a child, it owes a heightened duty of care to ensure the child’s safety. That duty did not diminish because of COVID-19.

Even during a public health emergency, agencies had a duty to act reasonably in response to known or suspected risks of harm. When those duties were not met and children were left in unsafe environments without adequate intervention, the resulting harm can form the basis of a civil negligence claim against DCYF and other responsible parties.

Because DCYF is a state agency, families pursuing claims must comply with the procedural requirements of RCW 4.92, including filing a mandatory tort claim notice with the Office of Risk Management at least 60 days before any lawsuit can begin. Importantly, the general statute of limitations for personal injury claims is three years (RCW 4.16.080). For families whose children were harmed during the 2020–2021 pandemic period, some of these deadlines may be approaching or may have already passed — making it critical to consult an attorney as soon as possible.

For more information on negligence claims against DCYF, see our guide on personal injury and wrongful death claims against DCYF.

Help for Families Impacted by Foster Care Failures During COVID-19

The pandemic exposed serious weaknesses in the child welfare system, but children still had the right to protection. When warning signs were missed, welfare checks were inadequate, or foster care abuse was overlooked, the consequences were devastating for children and their families.

If a government agency failed to protect your child during the pandemic, time may be running out to pursue a claim. The foster care abuse attorneys at Davis Law Group can help you understand your legal options, ensure the mandatory tort claim notice is filed correctly, and hold negligent agencies and caregivers accountable. Call (206) 727-4000 today to schedule a free consultation.