[Senate Hearing 118-612]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 118-612

                  THE HUMAN RIGHTS OF FOSTER CHILDREN

=======================================================================

                                HEARING
                               
                                BEFORE THE
                                   
                                  OF THE

                       COMMITTEE ON THE JUDICIARY
                          UNITED STATES SENATE

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION

                               __________

                            OCTOBER 25, 2023

                               __________

                          Serial No. J-118-39

                               __________

         Printed for the use of the Committee on the Judiciary
         
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                       COMMITTEE ON THE JUDICIARY

                   RICHARD J. DURBIN, Illinois, Chair
SHELDON WHITEHOUSE, Rhode Island     LINDSEY O. GRAHAM, South Carolina, 
AMY KLOBUCHAR, Minnesota                     Ranking Member
CHRISTOPHER A. COONS, Delaware       CHARLES E. GRASSLEY, Iowa
RICHARD BLUMENTHAL, Connecticut      JOHN CORNYN, Texas
MAZIE K. HIRONO, Hawaii              MICHAEL S. LEE, Utah
CORY A. BOOKER, New Jersey           TED CRUZ, Texas
ALEX PADILLA, California             JOSH HAWLEY, Missouri
JON OSSOFF, Georgia                  TOM COTTON, Arkansas
PETER WELCH, Vermont                 JOHN KENNEDY, Louisiana
LAPHONZA BUTLER, California          THOM TILLIS, North Carolina
                                     MARSHA BLACKBURN, Tennessee
             Joseph Zogby, Chief Counsel and Staff Director
      Katherine Nikas, Republican Chief Counsel and Staff Director

                Subcommittee on Human Rights and the Law

                       JON OSSOFF, Georgia, Chair
RICHARD BLUMENTHAL, Connecticut      MARSHA BLACKBURN, Tennessee,     
PETER WELCH, Vermont                     Ranking Member
LAPHONZA BUTLER, California          JOHN KENNEDY, Louisiana
                                     JOSH HAWLEY, Missouri
                Jessica Jensen, Democratic Chief Counsel
                 Josh Divine, Republican Chief Counsel
                            
                            C O N T E N T S

                              ----------                              

                           OPENING STATEMENTS

                                                                   Page

Ossoff, Hon. Jon.................................................     1
Blackburn, Hon. Marsha...........................................     3

                               WITNESSES

Aldridge, Rachel.................................................     5
    Prepared statement...........................................    32

Carter, Melissa..................................................    16
    Prepared statement...........................................    35

Hetherington, Emma...............................................    18
    Prepared statement...........................................    45

Houston, Mon'a...................................................     7
    Prepared statement...........................................    64

                                APPENDIX

Items submitted for the record...................................    67


 
                  THE HUMAN RIGHTS OF FOSTER CHILDREN

                              ----------                              


                      WEDNESDAY, OCTOBER 25, 2023

                      United States Senate,
          Subcommittee on Human Rights and the Law,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Subcommittee met, pursuant to notice, at 2:38 p.m., in 
Room 226, Dirksen Senate Office Building, Hon. Jon Ossoff, 
Chair of the Subcommittee, presiding.
    Present: Senators Ossoff [presiding], Blumenthal, Welch, 
Butler, Blackburn, and Hawley.

             OPENING STATEMENT OF HON. JON OSSOFF,
            A U.S. SENATOR FROM THE STATE OF GEORGIA

    Chair Ossoff. The Subcommittee on Human Rights and the Law 
will come to order.
    Eight months ago, as Senator Blackburn and I discussed the 
highest purposes to which we could apply this Subcommittee, we 
agreed that protecting our Nation's most vulnerable children 
was a shared priority and a moral imperative.
    We then opened together this bipartisan inquiry into the 
welfare of children in foster care.
    To date, the Subcommittee has interviewed over 100 
witnesses and sources and has reviewed thousands of pages of 
records, and this work continues today with our first public 
hearing on, ``The Human Rights of Foster Children'' in the 
United States.
    I thank you, Ranking Member Blackburn, for your 
participation and your ongoing contributions to this bipartisan 
effort, which demonstrate to the Nation that elected officials 
in Washington can put the interests of children above partisan 
politics.
    Naturally, representing the State of Georgia, I've taken a 
particular interest in the health, safety, and treatment of 
children in my State.
    In recent years, multiple independent oversight bodies in 
Georgia have raised the alarm about serious failures to protect 
children from abuse and neglect.
    In 2021, according to Georgia's Office of the Child 
Advocate, or OCA, Georgia DFCS received reports directly from 
several local child advocacy centers and from the statewide 
child advocacy centers of Georgia of failures which OCA 
characterized as evidence of, quote, ``Systemic threats to 
children who are victims of physical and sexual abuse.''
    The following year in 2022, OCA issued a report outlining 
15 breakdowns within Georgia DFCS, which OCA described as, 
quote, ``systemic,'' and reported that in all cases they 
reviewed to produce this report, quote, ``DFCS failed to take 
adequate steps to respond to allegations of physical and sexual 
abuse,'' and that OCA itself encountered those same systemic 
failures, quote, ``consistently throughout the State through 
OCA's day-to-day investigative work.''
    In response to this OCA investigation, Georgia DFCS 
vehemently denied OCA's findings.
    But OCA stood by its report.
    Last year, Georgia DFCS received many millions of dollars 
of Federal funding, and as part of our inquiry, the 
Subcommittee has reviewed in detail DFCS' own audits of its 
compliance with Federal safety standards to protect children in 
their care.
    And here's what we found. DFCS does initiate timely 
investigations in almost 90 percent of the abuse and neglect 
reports that were audited, but DFCS systematically fails to 
actually address the risks and safety concerns associated with 
these children.
    According to DFCS' own internal assessment, DFCS fails in 
84 percent of cases to, quote, ``make concerted efforts to 
assess and address risks and safety concerns to children in 
their own homes or in foster care,'' which is a Federal child 
protection benchmark.
    According to HHS documentation, failing to assess risk and 
manage safety includes failing to report or formally assess and 
investigate maltreatment allegations about a family, failing to 
substantiate those allegations despite evidence that would 
support substantiation, and closing cases before safety 
concerns are adequately addressed.
    But this is not ultimately an investigation about 
statistics and bureaucratic terminology.
    This is an investigation about children, the most 
vulnerable children in our Nation: orphaned children, children 
who have faced the most extreme forms of abuse and neglect 
imaginable, children who have been abandoned, children who rely 
upon State agencies and Federal policy which oversees those 
State agencies as their last hope for safety.
    Two years ago, I became a parent, and what we have learned 
is happening to children in the State's care and in the care of 
State agencies across the country is heartbreaking. Instead of 
safety, too many children have experienced neglect, abuse, 
apathy, humiliation, denied and delayed healthcare, human 
trafficking.
    I want to emphasize that this is an active and ongoing 
inquiry. Today, we will hear firsthand testimony from children 
and parents who have suffered from systemic failures to protect 
vulnerable children.
    We'll also hear from expert witnesses who will explain that 
these stories we hear today illustrate broader and long-
standing failures to protect the most vulnerable children in 
Georgia and across the Nation.
    I, again, thank Ranking Member Blackburn for her support 
and for her invaluable contributions to this bipartisan effort. 
I know, having worked closely with Senator Blackburn over the 
last year, how deeply she cares about the welfare of children.
    I have seen her passion displayed time and time again as an 
advocate for vulnerable children, and it is imperative that 
this work spur the long-overdue reforms, necessary both at the 
State level and in Federal policy, to protect America's most 
vulnerable children.
    I thank you, all, for your presence today and yield to 
Ranking Member Blackburn for her opening remarks.

          OPENING STATEMENT OF HON. MARSHA BLACKBURN,
           A U.S. SENATOR FROM THE STATE OF TENNESSEE

    Senator Blackburn. Thank you, Mr. Chairman, and I want to 
begin by welcoming Senator Butler. We're delighted to have you 
as a part of our Subcommittee and the Judiciary Committee, so 
welcome. We look forward to your participation.
    And I want to thank you, all, for being here, each of our 
witnesses today. You've been open, you have testimony that we 
appreciate having, and we look forward to having your response 
to our questions as we move through today.
    I do thank Senator Ossoff and his team for the consistent 
work that they have done on this issue. Now, he mentioned that 
several months ago, he started the investigation into what was 
happening with Georgia.
    And likewise, we looked at what was happening in Tennessee. 
That's important to do. These are the States that we represent, 
and looking at what of--is happening there is paramount to 
having an understanding of what is happening all across the 
country.
    And when we look at the foster care system, we know that 
the children that are there are not there because of something 
they have done. They are there because of situations or because 
of adults who have let them down or a circumstance that has 
occurred in the life of a family.
    So what we have to do is make certain that these children--
as Senator Ossoff said--the most vulnerable children, are not 
going to be let down by the system.
    And as our work here on the Human Rights Subcommittee, what 
we're doing is bringing this issue home and saying how does--
let's start right here with where we are and look at the 
situations that are out there with children that are in our 
communities and in our States.
    And it is our duty to make certain that these children are 
going to be safe and that they are going to be protected from 
predators, they're going to be protected from traffickers, and 
that they know that they are surrounded by people who honestly 
care about them and care about their well-being.
    In February, I sent a letter over to the Tennessee 
Department of Children's Services expressing concern about 
several items. There was a 2022 finding and report regarding 
the agency's performance in protecting children that were in 
their care.
    In that letter, I expressed a commitment to work together 
with the State of Tennessee to better protect the children that 
are in the custody of DCS.
    Since that time, under the leadership of Commissioner 
Margie Quin, the Department of Children's Services has 
undergone a complete and total overhaul. Commissioner Quin, 
who, by the way, has done a phenomenal job in our State working 
on issues of children being trafficked, making certain that 
children are being protected.
    Here are some of the things that she has done, and, Mr. 
Chairman, I think, these are so instructive to us and to how we 
solve this problem of protecting children in the States' 
custody.
    Commissioner Quin has cut State manager--case manager 
vacancies in half, causing the caseloads to drop dramatically. 
And as of March 2023, not a single child was being housed in 
DCS offices, another big benchmark.
    Now, in Tennessee, the faith-based community had stepped up 
to really fill the gap to house children immediately when they 
enter State custody. And 48 more beds in a clinical and secure 
setting will be opened by the end of the calendar year.
    Of course, there's always more to be done to protect these 
vulnerable children, and Commissioner Quin has put in the work 
that is necessary to get this department on the proper footing. 
And I believe her response to my letter highlights a lot of 
that good work.
    And Mr. Chairman, I do want to enter that for the record.
    Senator Ossoff. Without objection.
    [The information appears as a submission for the record.]
    Senator Blackburn. And I think that what we will see is 
what they have done when they were presented with this 
situation is to move forward with corrective action that can 
help so many other States, and it will be a model for States 
that have these persistent problems.
    Now, we can't talk about protecting our foster care 
children without talking about the individuals who make a 
profit off exploiting our children.
    Human traffickers target those who they perceive to be the 
most vulnerable among us. So it should be no surprise that 
children in the foster care system are disproportionately 
targeted for sex and labor trafficking.
    I look forward to hearing from our experts today on how we 
can close that pipeline, which we have to close that pipeline 
between the foster care system and human trafficking. Because 
until we put an end to child trafficking, we cannot truly 
fulfill our commitment and our goal of making certain that 
these boys and girls that are in our care are going to be 
protected.
    Thank you so much, and thank you for your leadership.
    Senator Ossoff. Thank you, Ranking Member Blackburn, for 
your opening statement.
    And before we hear from those witnesses in our--excuse me, 
from those experts in our second panel, we're going to hear 
from two courageous witnesses in our first panel who have 
firsthand experiences interacting with the foster care system, 
Ranking Member Blackburn, in my home State of Georgia.
    Rachel Aldridge is the mother of Brooklynn Aldridge, who 
died in DFCS' custody in 2018 when Brooklynn was just 2 years 
old.
    Mon'a Houston is a 19-year-old from Savannah, who recently 
signed out of DFCS custody. Ms. Houston spent 5 years in 18 
different placements, and only two of those placements were 
foster homes. The rest were group homes, institutions, or 
hotels.
    Before opening statements, it's the practice of the 
Subcommittee to swear in witnesses. If you two, please, would 
kindly rise and raise your right hand.
    [Witnesses are sworn in.]
    Senator Ossoff. Please be seated, and, Ms. Aldridge, it's 
now your turn to offer your opening statement. Please remember 
to hit that button to activate your microphone when you're 
ready. Thank you.

         STATEMENT OF RACHEL ALDRIDGE, GEORGIA PARENT,
                         WRAY, GEORGIA

    Ms. Aldridge. Chairman Ossoff, Ranking Member Blackburn, 
and Members of the Subcommittee, my name is Rachel Aldridge. 
I'm only here today because of a broken system that led to the 
murder of my 2-year-old daughter, Brooklynn.
    In 2018, the Georgia Division of Family & Children 
Services, better known as DFCS, utterly failed to honor its 
responsibility to me and my daughter. My life will never be the 
same.
    Nothing can bring back my beautiful, sweet, and innocent 
Brooklynn, but I hope that my testimony can save another 
child's life and prevent families from having to go through 
what I experienced. That is why I took the first plane trip my 
life to address the Subcommittee.
    DFCS is supposed to protect children like Brooklynn. 
Instead, they violated my rights as her mother. They placed her 
in an unsafe home against my wishes, setting off a chain of 
events that led to her murder. The woman who killed my daughter 
is now serving a life sentence without parole.
    [Pause.]
    Ms. Aldridge. It took years to expose the problems that led 
to the preventable death of my child.
    Here's how the system failed Brooklynn and me.
    Before DFCS got involved, I had sole uncontested custody of 
Brooklynn. On January the 14th, 2018, Brooklynn was removed 
from my care. That happened when I was wrongfully arrested and 
detained in jail for a week. The police called DFCS to the 
scene of arrest. DFCS was supposed to make sure Brooklynn was 
in a safe home while I was in jail.
    [Pause.]
    Senator Ossoff. Take your time, Ms. Aldridge.
    Ms. Aldridge. I promised myself I wasn't going to cry. 
Okay.
    I had already arranged for my sister, a registered nurse, 
and brother-in-law, a Federal law enforcement agent, to take 
Brooklynn on the day of my arrest. They knew Brooklynn and are 
very close family members. She adored them. They are also--they 
were also certified foster parents.
    DFCS refused to honor my wishes and rejected them as 
responsible caregivers for Brooklynn. Instead, DFCS placed--
DFCS placed her in the home of her father. He was not actively 
involved in her life. He was not legally recognized as her 
father and is not a certified foster care parent. More 
importantly, he did not have custody of Brooklynn.
    I was released from jail days later, and my first stop was 
to Brooklynn's father's home to pick up my daughter. I was so 
worried about her because she had never spent the night away 
from me.
    Brooklynn was very excited to see me, and I expected to 
take her home. But I didn't.
    Her father told me ``no'' and showed me paperwork that I 
later learned was a forged DFCS safety plan. The forgery said 
that if I took Brooklynn, he had to call law enforcement.
    I felt I had no choice and left Brooklynn at his home. I 
was distraught when I left her that night.
    Brooklyn's father had a live-in girlfriend who cared for 
Brooklynn while he was at work. I was very worried about that 
because I believed his girlfriend was using methamphetamine. I 
saw her messages to drug dealers.
    Since Brooklynn's father often worked overtime shifts, I 
was very concerned about leaving her alone with his girlfriend.
    The next day, I spoke to a DFCS supervisor. She told me 
Brooklynn's father had temporary custody of her. I shared my 
concerns with a supervisor about his live-in girlfriend caring 
for my daughter and the signs of meth use in the home.
    I begged the DFCS supervisor to move Brooklynn to my sister 
and--my sister and brother-in-law's house where she would be 
safe. The supervisor ignored my pleas.
    Brooklynn stayed at her father's house for another 
agonizing 6 weeks, and there was nothing I could do about it. 
Brooklynn died on March 6th, 2018. The cause of death was blunt 
force trauma to the back of the head, and the girlfriend was 
convicted of murdering Brooklynn.
    [Pause.]
    Ms. Aldridge. I filed a wrongful death lawsuit against DFCS 
caseworkers, and my complaint alleged, ``DFCS did not--did not 
take immediate action after I repeatedly told them about my 
concerns about Amanda Coleman's suspected drug use.''
    The system meant to protect children failed Brooklynn at 
every level. From management down to the caseworker, repeatedly 
they failed to follow the policies meant to keep my child safe 
and violated our rights.
    Brooklyn's death cannot be in vain. I am here today to seek 
change. The child welfare system is supposed to protect 
families, not destroy them.
    Brooklynn would still be alive if anyone at DFCS had just 
been willing to listen to me, her own mother. We need better 
oversight of the system to ensure the safety of all Georgia 
families.
    I am grateful for the support I've received. I'm grateful 
to my attorney, Brent Savage, for all the work he has done.
    Senators, you can stop this from happening again. You have 
the power to change the system. Please remember Brooklynn. 
Thank you.
    [The prepared statement of Ms. Aldridge appears as a 
submission for the record.]
    Senator Ossoff. Ms. Aldridge, thank you on behalf of the 
whole Subcommittee for your courageous testimony and for 
sharing your story with us.
    And, Ms. Houston, when you're ready, it's your turn now to 
deliver your opening statement.

        STATEMENT OF MON'A HOUSTON, FORMER FOSTER YOUTH,
                       SAVANNAH, GEORGIA

    Ms. Houston. Chairman Ossoff, Ranking Member Blackburn, and 
Members of the Subcommittee, my name is Mon'a Houston. I'm 19 
years old, and I'm here today to share my experience as a 
former foster youth in DFCS system in Georgia.
    I was in care from 2017 to 2022. During that time, I had 18 
placements. Only two were foster homes. The rest were group 
homes, institutions, or hotels.
    I had three case managers. Only one regularly visited me 
and answered my phone calls. I would often go more than 6 
months without seeing my caseworker.
    I felt alone.
    One of the worst parts about being in care is that I was 
overmedicated. DFCS kept telling my doctors to open to--I'm 
sorry. DFCS kept telling my doctors to up my dosage because I 
was not behaving. I was overmedicated to the point of feeling 
overtired and sluggish. It hurt to walk. But I had trauma and 
no one to talk about it with.
    The only time I regularly saw a therapist was when I was in 
Devereux Advanced Behavioral Health for 10 months. Devereux was 
a maximum security residential treatment program. I was in a 
behavioral part--I was in a behavioral program similar to a 
group home, but with more security.
    It was a lockdown facility. It had barbed--two barbed wire 
fences. You never left the campus, not for school, outings, or 
food. I only left for doctor's appointments.
    During this time, I was often physically restrained. They 
slammed me into walls and put my arms into locks. They would 
wrap their legs around me so I couldn't move.
    At three different times, I was put into isolation for more 
than 5 days. The isolation room was similar to a jail cell, and 
I was treated as an inmate. You had to request access to the 
bathroom. I wasn't allowed to shower. Even when my menstrual 
cycle came, I couldn't wash or change for 3 days. This was the 
darkest time in a placement.
    Education was challenging while I was in care. Because I 
was moving placements so much, the only education I would get 
would be online. I asked my case managers and my placements for 
a tutor because I struggled with understanding, but no one 
would listen.
    Eventually, I just gave up. I still haven't completed my 
GED.
    My most traumatic experience was when I was arrested at 17. 
The group home showed the police a video that didn't include me 
getting attacked first. Staff didn't de-escalate the situation. 
On September 7th, I was taken to jail from September 7th to 
November 8th in Americus, Georgia.
    When I was in jail, I was scared and alone, and I didn't 
know anything about what was going to happen. My caseworker 
never called me. This was my first time ever getting in 
trouble. No one from DFCS brought me any medications that I was 
on, which resulted in significant depression. I'm sorry.
    After a month in jail, the sheriff was trying to help me 
get out for my 18th birthday, which is October 26th. They said 
I could be released on a $200 bail.
    DFCS refused to pay my bail. I could only be released to 
DFCS custody. I was at DFCS' mercy, and they left me there for 
another month.
    The sheriff finally offered a PR bond, and at--on November 
8th, I was released to DFCS custody. They picked me up and put 
me in a hotel for 2 weeks. The hotel was my last placement.
    I thought my case manager was finally coming to see me, but 
she sent somebody else instead--like always. This person told 
me to sign a bunch of papers. I was so angry that my caseworker 
didn't show up, that I just signed the papers. I was furious.
    If I knew what the papers said, I would've never signed 
them.
    The person--the person said to me, ``You just signed 
yourself out of care. You need to be checked out of the hotel 
by 11 a.m., and we are not responsible to help you get back to 
Savannah once you sign out.''
    My attorney in CASA was not present. They were unaware of 
the papers being presented to me.
    They left me at the hotel in Columbus, Georgia. If it 
wasn't for one kind behavioral aide, I would've never knew how 
I would get back to Savannah.
    I'm doing this so other youth know that they can come out 
on the other side. I was 17 when I was finally assigned a Court 
Appointed Special Advocate, CASA. Ms. Page was the first adult 
who listened to me. She would regularly fight with DFCS to get 
me what I needed.
    I had one good case manager who showed she cared about me 
and listened to me, and now I'm connected with Brightside 
Advocacy, which supports me and provides me with hope.
    [The prepared statement of Ms. Houston appears as a 
submission for the record.]
    Senator Blackburn. Ms. Houston?
    Ms. Houston. Yes, ma'am.
    Senator Blackburn. Did you say your birthday is tomorrow?
    Ms. Houston. Yes, ma'am.
    [Laughter.]
    Senator Blackburn. Well, I think that calls for a big 
``Happy Birthday.''
    [Laughter.]
    Senator Blackburn. Everybody in.
    [Committee Members and attendees sing ``Happy Birthday.'']
    Ms. Houston. Oh, my God.
    [Committee Members and attendees cheer and applaud.]
    Ms. Houston. Thank you.
    Senator Ossoff. Bet you didn't know that was coming.
    [Laughter.]
    Senator Ossoff. Thank you, both, for your powerful personal 
testimonies and for sharing these stories with the Senate and 
with the public to help the public understand that we're 
talking about human beings. We're talking about real families. 
We're talking about real youth who move through the system.
    Ms. Aldridge, my daughter is about to turn 2 in December, 
the same age as Brooklynn when she was murdered.
    And so, as a father, I want to thank you for sharing 
Brooklynn's story with us today. And I know there are no words 
that can describe the pain, and I'm so sorry for everything 
that you and Brooklynn have been through.
    Ms. Aldridge. Thank you.
    Senator Ossoff. I am entering into the record a motion for 
pretrial summary judgment that was filed in Ms. Aldridge's 
wrongful death lawsuit against the DFCS caseworkers who handled 
Brooklynn's case.
    [The information appears as a submission for the record.]
    Senator Ossoff. Now, Ms. Aldridge, DFCS placed your 
daughter in the care of her father, Mr. Lott, and his 
girlfriend, Ms. Coleman.
    But you were still Brooklynn's custodial parent, and you 
had the right to object to that placement. Did DFCS ever tell 
you that?
    Ms. Aldridge. No, sir.
    Senator Ossoff. If you had known that DFCS needed your 
consent, would you have agreed to let Brooklynn stay with Mr. 
Lott and Ms. Coleman?
    Ms. Aldridge. Definitely not. I would've--I would've took 
my daughter home. She had never been away from me before--
ever--never.
    Senator Ossoff. And you knew that--or suspected that Ms. 
Coleman was dangerous. Is that correct?
    Ms. Aldridge. Yes, sir.
    Senator Ossoff. DFCS had a policy requiring it to run 
background checks----
    Ms. Aldridge. Right.
    Senator Ossoff [continuing]. On people who take care of 
children.
    But DFCS didn't run that background check. Did they?
    Ms. Aldridge. No, sir.
    Senator Ossoff. And if they had run a background check, 
they would've found that Ms. Coleman had a criminal history and 
that DFCS had previously pursued a child neglect case against 
her. Correct?
    Ms. Aldridge. Yes, sir.
    Senator Ossoff. Ms. Aldridge, court records show that when 
you visited Brooklynn, you noticed there was a bruise on her 
leg. Did you report that bruise to DFCS?
    Ms. Aldridge. I did.
    Senator Ossoff. But even after you reported that bruise, 
DFCS kept Brooklynn with Ms. Coleman. Is that correct?
    Ms. Aldridge. Yes, sir.
    Senator Ossoff. How did that make you feel?
    Ms. Aldridge. Helpless. All I wanted to do was take my 
daughter home, and I couldn't. That's it. I just wanted my 
baby.
    Senator Ossoff. And, Ms. Aldridge, your daughter, 
Brooklynn, was then killed from blunt force trauma to her head, 
and Ms. Coleman was convicted of her murder. Correct?
    Ms. Aldridge. Yes, sir.
    Senator Ossoff. Court records show that after Brooklynn was 
murdered, you received a Facebook message from Brooklynn's 
caseworker, Ms. Beaumier, who wrote to you, quote, ``You did 
not fail her. DFCS did.''
    How did you feel when you received that message?
    Ms. Aldridge. Like it was too late. I mean, my daughter was 
already dead. There was nothing. I just felt helpless--like the 
system that was put in place to protect my daughter failed her.
    Senator Ossoff. If DFCS had followed its own policies, had 
sought your consent for this placement, had run the background 
check that they were required to run----
    Ms. Aldridge. Mm-hmm.
    Senator Ossoff [continuing]. Had listened to you when you 
reported that you had seen bruising on your daughter's body, do 
you believe Brooklynn would still be alive today?
    Ms. Aldridge. Yes, sir.
    Senator Ossoff. Ms. Aldridge, you've been through every 
parent's absolute worst nightmare.
    And I'm sorry. And I think all of us are grateful that 
you've taken the time and summoned the courage to relive this 
and to share it with the public and the Senate. Why have you 
chosen today to take that step?
    Ms. Aldridge. So what happened to Brooklynn doesn't happen 
to anybody else.
    Senator Ossoff. Thank you, Ms. Aldridge. I'll yield to 
Ranking Member Blackburn for her questions.
    Ms. Aldridge. Thank you.
    Senator Blackburn. Yes. Thank you so much.
    Mon'a, I want to come to you. When we look at having 
caseworkers that are appropriate for the job----
    Ms. Houston. Yes, ma'am.
    Senator Blackburn [continuing]. And that are going to have 
that duty of care to the children that they're responsible for, 
what I'd love to have from you for the record is--talk to me 
about what a caseworker should do.
    If you had had a perfect caseworker, how would they have 
worked with you, encouraged you, listened to you, helped 
provide and protect you?
    Ms. Houston. Well, nobody's perfect. But they didn't do 
their job.
    They were supposed to see me every month in person. They 
never saw me every month in person. Maybe if she would've came 
to my group home where I was at and saw me in person, she 
could've thought about moving me, but she never come--she never 
came to see me. They're supposed to let me go to my court.
    Senator Blackburn. Let me pop in right there.
    Ms. Houston. Mm-hmm.
    Senator Blackburn. Now, this was over how many years?
    Ms. Houston. Five.
    Senator Blackburn. Over 5 years. Okay. So for--she 
should've seen you once a month for 5 years, and you said in 
your testimony about once every 6 months you would hear from 
them.
    Ms. Houston. She's supposed to see us in person every 
month.
    Senator Blackburn. Right. Okay. Okay.
    Ms. Houston. And I had three caseworkers. Only one of them 
actually did their job. She came all the way 5 hours away to 
the lockdown facility to see me.
    Nobody's perfect, but they didn't listen, and when I acted 
out was the only time that they would ever answer their phone.
    If I was in--like, when I had gotten into an accident, they 
did not answer their phone. But when it was time for me to 
leave that placement, that's when they would answer. They 
didn't answer at the times that they should, only when it was 
time to move my placement.
    Senator Blackburn. So if you were talking to Children's 
Services and you were writing the job description for somebody 
that is going to be a caseworker, what would you put in that 
job description to meet young girls like you? What should--what 
would you want to see them do on a daily, weekly, monthly, 
yearly basis?
    Ms. Houston. Well, listen to the children.
    Senator Blackburn. Okay.
    Ms. Houston. I need them to check in with them, as they 
should every month. Make sure that their placement is 
comfortable for them. Don't just stick them somewhere and not 
answer the phone for them no more. Don't just tell them the 
only reason you're on meds is because you don't behave.
    Like, make them feel loved. Make them feel like they have a 
family in care, at least.
    Senator Blackburn. Excellent. Thank you for that.
    Ms. Aldridge----
    Ms. Aldridge. Ma'am?
    Senator Blackburn [continuing]. As I read your testimony, I 
thought about parental rights and parents having rights, and as 
you have been through such a terrible ordeal, and I know it's 
something that your heart grieves every single day.
    And you said that you were doing this because you don't 
want other--other moms to have to live through what you've 
lived through. So now looking back on your ordeal, what would 
be the steps you would encourage other women who find 
themselves in the situation where you were, what would you say 
here's a way to preserve your parental rights?
    Ms. Aldridge. Get an attorney. I would definitely say an 
attorney is--know your rights. I guess study about it. I 
don't--I don't have no idea. I would definitely say have an 
attorney. Having an attorney would--I don't know--you would've 
understood what your rights were. I mean, you can go with your 
gut, but just have an attorney. That's a big thing, I think, 
having an attorney.
    Senator Blackburn. All right. Thank you. Thank you, Mr. 
Chairman.
    Senator Ossoff. Thank you, Senator Blackburn. Senator 
Welch.
    Senator Welch. Well, thank you. By the way, not that I've 
been in the Senate that long, but that was the best ``Happy 
Birthday.'' ever. Thank you.
    [Laughter.]
    Senator Blackburn. Absolutely.
    Senator Welch. She's from Nashville. You can tell.
    [Laughter.]
    Senator Welch. But first of all, it's really moving for all 
of us to be here with you and to have you tell us what you've 
been through. So I want to thank you, and we all do, and it 
really matters.
    You know, so much of our time here is spent on things that 
seem a little bit abstract. To have two people who've 
experienced a very searing situation come in and share it has a 
powerful impact, and I know the Chairman, and the Ranking 
Member, and Senator Butler and I want to do all we can to help 
improve the situation.
    You know, my questions have been asked largely because 
you--I'll just give you each a chance to just describe what you 
think would improve the situation.
    I mean, you said, Ms. Aldridge, having a lawyer would 
really make a difference. I know that's true. I was a public 
defender, and I was involved in many cases involving parental 
rights. And the State of Vermont made certain that everyone was 
represented, the parents and the child, and it forced people to 
take things very seriously and not just wave it off. So I think 
that's a really, really good recommendation. I thank you for 
that.
    And, Ms. Houston, thank you. You seem to be doing pretty 
good.
    Ms. Houston. Now that Ms. Page is here.
    Senator Welch. Well, that's great, but it's amazing what 
you said earlier--is you're here so that other people who went 
through what you did can see that they can get to the other 
side, and I think you're really demonstrating that.
    You know, when you were asked about a good system, what I 
heard you saying, basically, is, the people who were supposed 
to be, like, your caseworkers have to take the situation and 
the relationship seriously, that you were isolated and alone, 
and not just when you were put in isolation, but the whole 
time.
    Whatever it is you were going through, you had nobody to 
help you along the way. Is that more or less a correct 
assessment?
    Ms. Houston. Yes, sir.
    Senator Welch. Yes. And by the way, you know, all of us 
need a little help along the way. Especially when we're in a 
situation that's totally alien--but you tell me, you had 19 
placements in foster----
    Ms. Houston. Eighteen.
    Senator Welch. Eighteen in foster care? So how long would 
you be there before you had--you were gone somewhere else?
    Ms. Houston. Four months.
    Senator Welch. So minimal sustained relationships with a 
parental figure or even with friends, I imagine.
    Ms. Houston. I never had friends.
    Senator Welch. Right. So you were bouncing from school to 
school and never had an opportunity to have your feet solidly 
on the ground. Yes, I mean, that's just really, really 
shocking--that you have no chance with that.
    Ms. Houston. It got to a point where I would self-harm 
because I didn't know nobody to talk to.
    Senator Welch. Right. Well, it's really shocking, it's 
inexcusable, and I think all of us are very, very sad that that 
was so much a part of your life so far. But I think it's 
inspiring to see you here being strong.
    And, Ms. Aldridge, the same thing. I guess, you know, we're 
parents, and you suffered the loss that all of us fear the 
most, and thank you for being here to try to help other people 
out. Mr. Chairman, I yield back.
    Senator Ossoff. Thank you, Senator Welch. Senator Butler.
    Senator Butler. Thank you, Mr. Chairman, for your 
leadership on this issue, the--having a conversation with such 
courageous women like Ms. Aldridge and Ms. Houston really is an 
honor for us.
    And we owe you a debt of gratitude for organizing such a 
thoughtful hearing, and set of witnesses and conversation.
    I have a 9-year-old daughter who is adopted. My family and 
I went through the certification process in California, in Los 
Angeles County, to become certified foster parents.
    That wound up not being our final path, but I experienced 
the other side of the system and the deficiencies that exist: 
the gaps, the imperfect but hardworking people in most 
instances who try their best to get it right.
    Ms. Houston, I'd like to start with you, if it's okay. I 
just want to--I appreciate so much you coming and sharing your 
story. And I couldn't help but notice you being so moved by Ms. 
Aldridge's story. And that level of empathy and human 
connection I just wanted to recognize for the record. The world 
would tell us that we are all so different. And----
    Ms. Houston. That's me all the time.
    Senator Butler. Right. And to see you--to see your heart be 
pained by another human's tragedy, I think, is just an example 
and a reminder that there is more that binds us even in the 
painful times than the--than that that divides us.
    It was interesting to hear you talk about your treatment as 
care. You talked about the care that you received as had been--
has been sort of interrogated or questioned a little bit by my 
colleagues. I think the fact that you refer to as care says so 
much about who you are.
    Here's my question to you. There was a moment in your 
testimony when you referred to an individual whose intervention 
seemed as if it has had a positive impact on you.
    And I want to give some breath and offer you the 
opportunity to give a little bit about that CASA worker who was 
assigned to you, who made your soul smile. And talk to us about 
that experience and how that helped to support you to get to 
this moment.
    Ms. Houston. Okay. Right before I went to jail, like, maybe 
3 months before, I met Ms. Page. Ms. Caton assigned her to me. 
And when she came all the way from Savannah to see me, I did 
not want to talk to her, like, I was shooing her away. I was 
like, just go away. Like, just go back to Savannah. I'm okay.
    And she would not give up on me. Like, she kept prying her 
way in until she got in.
    And then eventually I got out of care because of the 
situation. I signed the papers on accident, and she still was 
there for me. She did not let me sleep outside.
    Like, she reached out to CASA, the program, and she worked, 
like, hard with them to get me somewhere to be like--they even 
got me back in care, and the foster system did not want me 
back, and they still made it happen.
    So I just want to thank Ms. Page, and she's still here in 
my life. She's texting my phone, cheering me on right now. I 
thank her a lot.
    Senator Butler. I think we all thank Ms. Page.
    [Laughter.]
    Senator Butler. There are lots of Ms. Pages in the world, 
as many as there are who let you down. There are some Ms. Pages 
out there, and we're grateful for it. You were going to offer 
something additional?
    Ms. Houston. Yes. It's just, it's crazy because a lot of 
people that I tried to push away, they actually leave, but she 
didn't.
    Senator Butler. Yes. Yes. There are a lot of Ms. Pages. In 
my life, her name was Ms. Pearl. So we all have a Ms. Page or a 
Ms. Pearl.
    Just quickly before I run out of time. Ms. Aldridge, as a 
parent, I couldn't imagine the pains of what you went through. 
I remember--I remember when my daughter turned 2, and she just 
turned 9, and thinking about her life being cut short, I just 
could not imagine it.
    So I want to appreciate your courage for sharing your 
story, for not swallowing what others would have us to believe 
as personal shame, but for giving voice to young Brooklynn.
    I would just ask you--you said a lot about, like, the 
reason you being here is to prevent this kind of harm and 
tragedy for other Brooklynns that might be in the system. And, 
I think, for other Ms. Aldridges who might be in the system, as 
well.
    Do you think that there's something unique about your 
experience in Georgia, or are there other parents and/or 
children that you know?
    Are there--is there something that we should be paying 
attention to that families might have in common where we can 
think across the system and across the States to try to answer 
the call that you put before this Subcommittee to act and 
save--save other families?
    Ms. Aldridge. I don't know. I have no idea. Can you like--
--
    Senator Butler. Yes. I guess, without knowing any details 
and only hearing your testimony and reading your written 
testimony, I guess I wonder, are there other people that you 
might know in the--in the Georgia system that had similar 
negative experiences?
    Ms. Aldridge. I mean, personally, I don't know anyone else.
    Senator Butler. Yes.
    Ms. Aldridge. No, ma'am.
    Senator Butler. Well, thank you for that. I appreciate it, 
and most of all, I appreciate you being here and giving voice 
to parents and to young people. Thank you, so much. Thank you, 
Mr. Chair.
    Senator Ossoff. Thank you, Senator Butler.
    And before we move to the next panel, Ms. Houston, I'm just 
going to ask you a few more questions just to make sure the 
record reflects what you've experienced and what you need the 
public to understand about what you've experienced based upon 
your opening statement. You described being overmedicated while 
in a maximum security facility. Tell us what that means. How 
did it feel?
    Ms. Houston. I was overmedicated the whole time, the whole 
5 years. I felt, like, sluggish, like, I couldn't move, and it 
started affecting my physical--I started eating a lot.
    And one time I went to court and my judge even said she's 
on too many meds. Somebody has to take her off some of these 
meds or lower the dosages.
    The next day after court, I went back to my psychiatrist, 
and they upped my dosages. So--and I feel like it made me worse 
rather than better because they only put me on the medicines to 
make me behave.
    Instead of putting me on meds to help my mental health, 
they just wanted me to sit down and behave for them. And they 
never talked to me about what was wrong. They never asked me 
any questions. They just said, ``She doesn't behave and she 
needs meds.''
    So I felt--and also, as I kept eating, it gave me high 
cholesterol. I was pre-diabetic. And I kept telling my 
psychiatrist, like, is there any meds that does not have this 
hunger effect, this appetite effect? And they did not take me 
off of the meds. My DFCS caseworker was telling my psychiatrist 
that I needed those meds, that I don't behave, that I need 
those meds to behave.
    Senator Ossoff. So it sounds like the impression you got, 
and indeed what they may have said at the time, despite what a 
judge had said, was that this wasn't about your mental health. 
It was about controlling your behavior.
    Ms. Houston. Yes, sir.
    Senator Ossoff. Did I hear correctly that at one of your 
placements you were slammed against the floor or the wall?
    Ms. Houston. Yes, at the lockdown facility.
    Senator Ossoff. And placed in solitary confinement for up 
to 5 days at a time?
    Ms. Houston. Yes, sir.
    Senator Ossoff. And were you threatened with solitary 
confinement as a punishment?
    Ms. Houston. Yes.
    Senator Ossoff. You mentioned this in your opening remarks 
and your exchange with Senator Blackburn, that DFCS has a 
policy requiring your caseworker to visit you monthly, and that 
at one time you were in jail while you were in foster care. 
Correct?
    Ms. Houston. Yes, sir.
    Senator Ossoff. And you were kept there for about 2 months?
    Ms. Houston. Yes, sir.
    Senator Ossoff. And after 1 month, you were cleared to be 
released. Is that right?
    Ms. Houston. Yes, sir.
    Senator Ossoff. And why weren't you released at that point?
    Ms. Houston. Because DFCS told me that they didn't want to 
be responsible for me getting back to court or--because when 
you sign a bond, you're responsible for that person. Like, if I 
don't show up to court, they could get in trouble, so they 
didn't want to be responsible for that.
    Senator Ossoff. So the jail was prepared to release you, 
but DFCS wouldn't come pick you up.
    Ms. Houston. Basically.
    Senator Ossoff. Ms. Houston, I want to echo what Senator 
Butler said and thank you for your courage and also for your 
spirit.
    I can tell you, you know, we do--we hold a lot of these 
hearings. We speak to a lot of folks. And the warmth, and 
compassion, and kindness that you radiate, I think, has lifted 
all of us up, particularly in light of the tremendously 
difficult circumstances that you're describing.
    And to see you here, not just persevering and surviving, 
but, in fact, using your voice to fight for other youth who are 
going through the same thing and to make a difference has 
inspired all of us. So thank you, Ms. Houston.
    Ms. Houston. Thank you.
    Senator Ossoff. Thank you, Ms. Aldridge, for your 
courageous testimony.
    We are going to now take a brief recess so that Members can 
go and vote. We have a vote on the floor. We will then return 
and reconvene with Panel Two, and so the Subcommittee stands in 
recess.
    [Whereupon the hearing was recessed and reconvened.]
    Senator Ossoff. The Subcommittee will return to order.
    I will now introduce our second panel of witnesses. Thank 
you, again, for joining us today.
    Professor Melissa Carter is the executive director of the 
Barton Child Law and Policy Center at Emory Law School. 
Professor Carter and her clinic promote and protect the legal 
rights and interests of abused, neglected, and court-involved 
children in Georgia.
    She also serves in a variety of capacities across the State 
as a member of the First Lady's Children's Cabinet, vice chair 
of the Juvenile Justice State Advisory Group, and co-chair of 
the Children's Justice Act Task Force, a congressionally 
mandated oversight panel.
    Professor Emma Hetherington is the director of the Wilbanks 
Child Endangerment and Sexual Exploitation Clinic at the 
University of Georgia School of Law. Professor Hetherington and 
her clinic represent children in foster care who survive sexual 
abuse, exploitation, and trafficking.
    She also serves on several statewide task forces and 
multidisciplinary teams, including the Supreme Court of 
Georgia's Committee on Justice for Children.
    Once again, it is the practice of the Subcommittee to swear 
in our witnesses. If you will both please rise and raise your 
right hand.
    [Witnesses are sworn in.]
    Senator Ossoff. Please take your seats. Professor Carter, 
when you are ready, we will begin with your opening statement. 
Thank you.

        STATEMENT OF MELISSA CARTER, EXECUTIVE DIRECTOR,
 EMORY LAW BARTON CHILD LAW AND POLICY CENTER, DECATUR, GEORGIA

    Professor Carter. Good afternoon, Chairman Ossoff, Ranking 
Member Blackburn, and Members of the Subcommittee.
    My name is Melissa Carter. I'm a clinical professor of law 
at Emory Law School in Atlanta, Georgia.
    Thank you for inviting me here to talk about this important 
topic today. I'm doing so in my personal capacity. The views I 
express are my own and do not necessarily represent my employer 
or any board, commission, task force, or other body on which I 
serve.
    My comments do, however, represent more than 20 years as a 
child welfare professional in Georgia, serving in direct 
representation and system improvement roles.
    At Emory Law School, for the past 13 years, I have led the 
Barton Child Law and Policy Center. The Barton Center is where 
law students and other graduate students come to learn how to 
protect children's rights through litigation and policy 
advocacy strategies.
    Today, I'm going talk about Georgia's child welfare system 
to try to provide some context for what we've heard today.
    First, I want to start with some hard data to paint a 
picture of the basic hydraulics of the system, and then, I want 
to highlight just two systemic conditions that perpetuate the 
status quo in Georgia. And to be clear, the status quo is 
unacceptable.
    First, let me start with some basic facts and figures. As 
we sit here today, approximately 11,000 children are in foster 
care in Georgia, and that number is trending up.
    Our removal rate is relatively low. Children in Georgia 
enter foster care at the rate of 1.9 per 1,000 compared with 
the national entry rate, which hovers closer to 3 to 4 per 
1,000.
    Foster care is meant to be temporary. What that means in 
Georgia is that children spend, on average, 19 months separated 
from their families once they are in foster care.
    That's longer than the Nation's median length of stay, 
which has increased over the last decade and is now around 
17\1/2\ months. This profile makes Georgia seem somewhat 
unremarkable from a data perspective, but this data doesn't 
tell the whole story.
    Behind those numbers are real whole people, as you all have 
recognized. The data doesn't give us that up-close 
understanding of how the system impacts their lives, like the 
heartbreaking testimonials we've heard today.
    Those stories are difficult to take in, but they are not 
outliers. The child welfare system is complex. There are 
multiple failure points. All jurisdictions confront similar 
challenges to a greater or lesser extent, but local context 
matters.
    A lot of this, as we've heard already today--it can be 
summed up quickly in thinking about two aspects of our system 
that we could improve. One, we don't give case managers the 
tools that they need, and two, we don't listen well enough to 
children and families.
    But I also want to highlight two systemic conditions that 
illustrate how we also don't manage our system well.
    One affects safety. Georgia cannot reliably measure or 
monitor child victimization. Whether a child is subjected to 
maltreatment is determined by the substantiation of alleged 
maltreatment. That's the practice of looking at all of the 
evidence gathered during an investigation and determining 
whether that evidence suggests that it is more likely than not 
that the abuse or neglect occurred.
    We've lost our bottom-line metric for success in our 
primary mission, child safety, because we don't reliably make 
that determination. And without it, we have less confidence in 
conclusions about how effective the agency is when it 
intervenes in families.
    The other condition at the system level is one that affects 
family integrity. Georgia has not sufficiently invested in 
prevention, nor have Federal funds been well spent. For 
instance, as you know, one goal of the Federal Temporary 
Assistance for Needy Families block grant is to provide 
assistance to low-income families so that children can be cared 
for in their own homes. It gives Georgia certain discretion how 
to do that.
    Georgia could spend the money in direct support to families 
and prevent children from entering foster care. But instead, 
Georgia is content to withhold the money from families and use 
it to pay for services only after a child suffers harm.
    These spending choices may keep us compliant with Federal 
requirements, but they impede our ability to transform our 
child welfare system into one that promotes children's healthy 
development through prevention and family strengthening.
    This is not about individual shortcomings. There are many 
dedicated case managers, supervisors, and others at the 
frontline working tirelessly to solve problems for families.
    This is about systemic failures. Georgia lacks the 
operational capacity, policy infrastructure, and practice tools 
to support effective case management and to offer meaningful 
and sustainable solutions for children, youth, and families.
    I hope this provides you with some context for deeper 
understanding of the system realities as they relate to the 
outcomes we seek. I welcome your questions. Thank you.
    [The prepared statement of Professor Carter appears as a 
submission for the record.]
    Senator Ossoff. Thank you, Professor Carter. Professor 
Hetherington, it's now your turn for your opening statement.

 STATEMENT OF EMMA HETHERINGTON, DIRECTOR, THE WILBANKS CHILD 
  ENDANGERMENT AND SEXUAL EXPLOITATION CLINIC, ATHENS, GEORGIA

    Professor Hetherington. Chairman Ossoff, Ranking Member 
Blackburn, Members of the Senate Subcommittee, thank you for 
the opportunity to testify today.
    My name is Emma Hetherington, and I'm a clinical associate 
professor at the University of Georgia School of Law and 
director of the Wilbanks CEASE Clinic, as mentioned by Senator 
Ossoff.
    Like Professor Carter, the views I express today are my own 
and do not represent the views of the University of Georgia, 
the School of Law, or the various Subcommittees and task forces 
on which I have the privilege to serve.
    Rather, today I'm testifying in my personal capacity as an 
attorney, expert in child welfare law, and advocate for 
children in foster care who have been sexually abused, 
exploited, and trafficked.
    Over the past 12 years working in this field, I have 
witnessed a system that fails on a daily basis to protect the 
well-being, health, and safety of children, and instead 
violates their civil and human rights.
    The foster care system in Georgia has always struggled with 
systemic challenges and barriers. But I have never seen it as 
dismal as it is today.
    Here's a snapshot of 35 of our clients and their 
experiences in foster care in counties across Georgia.
    One hundred percent of our clients experienced early 
childhood maltreatment.
    Seventy-four percent of our clients have made credible 
allegations of abuse or neglect at the hands of their foster 
care placement caregivers.
    Only 17 percent of our clients are on track to graduate 
from high school with their peers.
    Only 5 percent of our clients who have exited foster care 
are now better off than when they entered.
    Zero percent of our clients have received adequate, timely, 
and consistent medical, dental, and mental and behavioral 
healthcare while they've been in the custody of Georgia DFCS.
    As Professor Carter mentioned, I, as well, would like to be 
clear that my statement is not meant to disparage the 
individual case managers and other professionals working for 
Georgia DFCS who are protecting children in Georgia.
    However, DFCS' overarching structure, internal policies, 
and administrative barriers obstruct their good work, and when 
this happens, our clients experience extreme harm.
    The following are examples of some of the abuse and neglect 
that my clients have experienced while in DFCS' legal custody. 
In listening to Ms. Houston's testimony, they sound very 
similar.
    Being placed in solitary confinement with no therapeutic 
oversight after a suicide attempt.
    Being handcuffed during an intravaginal ultrasound to 
confirm pregnancy after being trafficked.
    Having chronic urinary tract infections and leftover pieces 
of placenta after childbirth--which can be deadly--but not 
being provided access to postpartum medical care.
    Being prohibited from going to school in person by a 
placement--that was approved by DFCS specifically for 
trafficking victims--in order to protect other students and 
school employees from their promiscuity.
    Having their pants forcibly pulled down and being 
administered a sedative in their buttocks because they talked 
back to staff.
    Calling DFCS case managers during emergencies and not 
receiving any response, leading to acute psychiatric 
hospitalizations and, at times, sexual exploitation.
    While my clients may not have suffered these acts of abuse 
and neglect at the hands of DFCS employees, DFCS knew about 
this treatment, and they did nothing to stop it or remedy it.
    Instead, they have blamed my clients for their fear, anger, 
and victimization. Here's some words that we have seen in 
internal and external DFCS documents and heard in conversations 
with DFCS employees about our clients: ``They're promiscuous, 
hypersexualized.'' ``They're a sex addict.'' ``They're a 
prostitute.''
    Let me make it clear: There is no such thing as a child 
prostitute.
    In conclusion, I would like to share some words with you 
from one of my clients who gave me permission to share some of 
her experiences with you today.
    ``I'm a victim of Georgia DFCS. Children go into the system 
to be in a safer environment, to grow, and to learn.
    ``However, the way my case has been handled these past 3 
years has caused me further pain and trauma and worse off than 
before I entered care. I've experienced a lot, from abuse, to 
neglect, to commercial and sexual exploitation.
    ``I've put my life in jeopardy and placed myself in 
dangerous situations in an attempt to leave DFCS' care, the 
care that has failed to provide me with adequate or any 
medical, dental, or mental healthcare.
    ``In my mind, getting out of DFCS has always been the goal. 
And at times, I didn't care if I ended up dead trying to 
leave.''
    Thank you, and I welcome any questions the Committee may 
have.
    [The prepared statement of Professor Hetherington appears 
as a submission for the record.]
    Senator Ossoff. Professors Hetherington and Carter, thank 
you for your powerful opening statements.
    And Professor Hetherington, I'd like to begin with some 
questions for you to elaborate on the alarming and shocking 
testimony that you just presented. How many children have you 
worked with over the years, Professor Hetherington, who have 
been sexually abused, exploited, or trafficked?
    Professor Hetherington. It's essentially impossible to 
really know. We know that children are not highly likely to 
disclose abuse, especially when they are in situations where 
they do not feel safe, which includes in the custody of Georgia 
DFCS.
    I have represented hundreds of children over the last 12 
years, most of whom are--have been older youth, ages 14 and up, 
and many of whom have been sexually abused and trafficked.
    Currently at the CEASE clinic, all of our clients, every 
single one of them, have been sexually abused or trafficked, 
most of the time since an early age.
    So I wish I had a number for you--an exact number for you, 
but unless we listen to children when they disclose acts of 
abuse or indicate red flags that would demonstrate abuse--
sexual abuse and exploitation, we'll--we will never know how 
many there actually are.
    Senator Ossoff. You described an incident in your 
testimony, Professor Hetherington, where one of your clients 
was handcuffed while receiving a transvaginal ultrasound after 
having been trafficked. What is the effect of that kind of 
treatment on someone who is in care--or any human being?
    Professor Hetherington. Well, first of all, for that 
client, it was a clear violation of her human rights, her 
dignity, her personhood. She was 16 years old. It's obviously 
re-traumatizing. I can never know the full effect.
    My clients are the experts on their own experiences, but 
the effect of her life today is that that particular client is 
currently homeless. That child, her--the child she had was 
taken out of her care, is thankfully being cared for by 
relatives. And she is, to my knowledge, still being trafficked 
now as an adult. And that--those are the consequences that we 
see on a daily basis in our cases.
    Senator Ossoff. You described an incident, Professor 
Hetherington, in which a client struggled to get postpartum 
medical care, leading to infections.
    Do your clients--and by the way, we're using the term 
``clients''--and these are your clients, but I just want to 
remind everybody that we're talking about children, youth, 
minors. We're talking about children.
    We're talking about children being subjected to degrading 
and abusive medical procedures.
    We're talking about children being denied postpartum 
medical care.
    Professor Hetherington, do your clients receive healthcare? 
Your clients, these children, do they receive healthcare from 
DFCS?
    Professor Hetherington. They receive some healthcare, is 
probably the easiest answer. But first, I just want to say 
thank you for recognizing that when I say ``clients'' it's 
because I'm used to it as an attorney.
    But my clients are children, and that is something that we 
are constantly fighting to remind DFCS of. They're treated--
they're adultified. They are treated as if they traumatized 
themselves. And so thank you for that acknowledgement.
    Senator Ossoff. Yes, let's unpick that a little bit because 
I think that's a powerful thing that you just said.
    Is there a recognition within this bureaucracy that we're 
talking about the most vulnerable children in our society? I 
mean, describe what you mean by ``adultified.''
    Professor Hetherington. Sure. So often, children in foster 
care, particularly black and brown girls, and LGBTQ youth, are 
treated more like adults.
    They are not treated as children. They are treated as if 
they're responsible.
    I'll give you an example. I represented a child who is 15 
years old. She was a mother. DFCS removed her child from her 
care. That happens very often when children are in foster care. 
And one of the reasons that DFCS listed for why the child was 
in foster care was because my client did not have stable 
housing.
    My child--my child client was 15. She didn't have stable 
housing because her parents abandoned her because she had been 
sexually abused since a young age. She was effectively 
homeless, and she was being held responsible for that 
homelessness and not having that stable housing--but she was 
15. And that is an example of how they would adultify a child.
    Senator Ossoff. You mentioned that one of your clients, 
again, a child, had been prohibited from attending school in 
person. And if I heard you correctly, and I did a double take 
when you said this, I think what you said is that your child 
was forbidden from--your child client was forbidden from 
attending school because the State deemed that child sexually 
promiscuous. Is that what you said?
    Professor Hetherington. Yes. In that case, and in many 
instances, children who are victims of commercial and sexual 
exploitation are deemed to be either a run risk or too 
promiscuous. They're going to cause too many problems in 
school, and that--there are some group homes in Georgia that 
will not allow children who have been trafficked to go to 
school off campus.
    And it is a denial of the recognition that every child is 
unique and different, and that we have a Federal mandate that 
children be placed in the most family-like, least-restrictive 
setting.
    And not every child who's been trafficked needs to be in 
lockdown. And, in fact, they feel very unsafe in lockdown, 
quite often. But yes, that is exactly what I said. They were 
worried that they would prey on other--on other people.
    Senator Ossoff. I will come back with some additional 
questions. I want to be respectful of Senator Blackburn's time. 
So Ranking Member Blackburn, over to you.
    Senator Blackburn. Thank you so much.
    Professor Carter, what is the process that the State of 
Georgia uses to vet the sponsors and the foster parents?
    Professor Carter. So with respect to foster parents----
    Senator Ossoff. You'll need to turn on your microphone.
    Senator Blackburn. Yes.
    Professor Carter. Forgive me. Thank you. So with respect to 
foster parents, there is a process. In most States, it's a 
licensure process.
    In Georgia, it's an approval process, but that process 
still follows the same steps. That involves a background check, 
it involves requirements for training, and then you are then 
able to--to select for the State--to identify for the State 
which children you want to open your home to.
    So if you think that you might be best equipped to take 
teenagers, if you think you might be best equipped to take 
large sibling groups, you think you might be best equipped to 
take an infant, you can make those preferences known. And then 
it's a matter of waiting for the State to need your home as a 
placement for a child who's entered foster care.
    Senator Blackburn. Okay. And we've heard a lot about the 
adverse experiences in Georgia. So what percentage of children 
in the system have an adverse experience?
    Professor Carter. I think you're referring to the adverse 
childhood experiences context where we really think about this 
sort of broad array of experiences that we may all have as 
children that then manifest later as adults in ways that stunt 
our development and that cause us even physical health 
conditions as we age.
    I'm not aware of a study that's looked at Georgia 
specifically to know that. We know, generally speaking, that 
children in foster care, as you might expect, have suffered 
much greater adversity in their young lives, and that children 
in foster care very often have four or more ACEs, adverse 
childhood experiences, and, therefore, will--would expect to 
have much greater challenges across their life.
    Senator Blackburn. Yes, I am sure of that. Tennessee has 
been successful in a program with the ACEs, and Children's 
Services has a Building Strong Brains initiative that they have 
launched.
    And recently, I introduced the National ACERT Grant Program 
Authorization Act. This is something Senator Shaheen and I are 
doing to nationalize this and to make certain that every State 
has the tools that they need.
    So, Ms. Hetherington, I want to come to you on this. If you 
could speak for a moment about the importance of having that 
early childhood intervention for children that have had this 
trauma.
    Professor Hetherington. Sure, and Senator Blackburn, I just 
wanted to--wanted to thank you for highlighting the issue of 
trafficking.
    And when you mentioned the pipeline between foster care and 
sex trafficking, there is an abuse-to-prison pipeline that we 
see, often referred to as foster care-to-prison pipeline or the 
sexual abuse-to-prison pipeline.
    Early childhood maltreatment alters a child's neurological, 
biological, developmental health, their growth.
    A wonderful resource on that, if you haven't read it, I 
highly recommend you read the book, ``The Body Keeps the 
Score.'' And one thing that is--that we know from research is 
that when a child or when a person experiences extreme traumas, 
often we're stuck in that trauma.
    I'm not a neurologist, I'm not a neurobiologist, but I do 
know from the research that I've done and the work that I've 
done with children, and anecdotally that it's true that 
children will become stuck at the age, right, where they were 
abused and neglected. So if a child is----
    Senator Blackburn. Okay.
    Professor Hetherington [continuing]. Sexually abused at 
age----
    Senator Blackburn. Let's clarify that for the record.
    Professor Hetherington. Sure.
    Senator Blackburn. Their maturity stops----
    Professor Hetherington. Yes. Yes.
    Senator Blackburn. You want to--yes.
    Professor Hetherington. A lot of the social, emotional 
development.
    Senator Blackburn. Right.
    Professor Hetherington. Yes. Thank you. Absolutely.
    And so I always think of it as most of my clients--not all 
of my clients, but many of my clients, they may be 16, and you 
have a 16-year-old standing in front of you, but socially, 
emotionally, they're still 6 years old.
    Senator Blackburn. Yes.
    Professor Hetherington. That's the age when they were first 
sexually abused, and it sends them on a straight path toward 
eventual behavioral issues, health issues. Mon'a mentioned pre-
diabetes. Pre-diabetes is a terrible side effect, for lack of a 
better way of putting it, of early childhood maltreatment.
    If you think about it, they are having this constant rush 
of cortisol through their bodies. They're in constant fight, 
flight, or freeze mode. And so if we do not provide that early 
childhood intervention and care, then we are sending children 
down that pipeline.
    Senator Blackburn. You know, we had a hearing on 
unaccompanied alien children in Judiciary Committee, a Full 
Committee hearing earlier this morning, and a lot of it 
centered on the 85,000 children that HHS and the Office of 
Refugee Resettlement cannot find.
    And they are children that have come into the country. 
They've been placed in foster care or with sponsors. The 3--1-
month follow-up call was given, they couldn't find the sponsor, 
and they don't know the condition of these children.
    And the fear is, and what we have learned from some New 
York Times reporting and other things, is that these children 
are in labor gangs and crews, and some of them are being 
trafficked.
    And I--it just is heartbreaking to me, absolutely 
heartbreaking that we have a Federal agency that has so failed 
these children and for what they're being exposed to because, 
as you're saying, this is something that many of them never get 
over.
    Professor Hetherington. Yes, absolutely, and this is 
something that we see often.
    Our office has represented several undocumented youth. Some 
have been victims of labor trafficking.
    And, as I was mentioning before, when it comes to Georgia 
DFCS, what we--what we will often see is maybe there was a 
phone call. This child's not in school. Why is this 15-year-old 
working full time? This 10-year-old is working on a farm? What 
is going on here? There's an allegation of sexual abuse.
    We don't know if they--we don't know what's happened to 
them. We don't know what's going on. Oh, but they want to work, 
right, and all of a sudden they're adultified.
    Maybe they are in a situation where they're arrested trying 
to defend themselves against traffickers, against--and 
sometimes we've seen that some sponsors have been involved in 
that trafficking.
    And the system, though, the Georgia DFCS, the child welfare 
system responds punitively. They do not always see those 
children as dependent, as having been abused or neglected. And 
I would imagine there are several in their care that are not 
getting what they need.
    One thing I think that is also very important to note is 
the importance of the training for caseworkers and other 
professionals at DFCS to understand Special Immigrant Juvenile 
Status, to understand when you need to refer children for 
potential immigration relief. Maybe they are eligible for a U 
visa or a T visa, specifically for trafficking victims, and 
they can get that relief.
    And we've also seen recently a lot of issues in--with 
Georgia DFCS, where undocumented youth who are in their care, 
who do not have permanent status by the time they reach the age 
of 18, even if they've been in foster care for at least 6 
months after the age of 14, they're kicked out the door and 
left homeless and told they cannot stay in care post-18, even 
though that is available to all other children under similar 
circumstances.
    Senator Blackburn. Thank you. Thank you, Mr. Chairman.
    Senator Ossoff. Senator Blumenthal.
    Senator Blumenthal. Thank you very much, Mr. Chairman and 
Ranking Member, for focusing on this issue, which is so deeply 
troubling.
    Human trafficking is a scourge everywhere, not only in the 
States where you work, but in Connecticut and elsewhere around 
the country. The Trafficking Victims Protection Act and its 
Reauthorization really brought the full power of the Federal 
Government to bear. But it also established civil remedies.
    My understanding is that, on average, only about 30 civil 
cases are filed in Federal courts every year. My question is, 
why aren't there more? Is it a lack of representation? Is it 
fear or shame on the part of the trafficked victims? They are 
victims or survivors? What is your analysis?
    Professor Hetherington. Sure. So we at the Wilbanks CEASE 
Clinic, our original mission was to represent survivors in 
civil lawsuits against perpetrators individually.
    I think one of the major issues that we see is that in our 
American tort system, and I know this is not a hearing on 
American torts, but is that, typically, lawyers will go after 
deep pockets. So an individual trafficker might not have those 
deep pockets. That would be one answer.
    Another is the lack of survivors coming forward. When we 
have--when we see survivors, particularly of adult sex 
trafficking, the estimates are that between 70 and 90 percent 
of them have been sexually abused at a younger age or 
trafficked at a younger age. And the majority of them had some 
sort of child welfare system involvement, and that is 
absolutely consistent with what we see.
    At the CEASE Clinic, we also do some post-conviction relief 
work for victims of--adult victims of trafficking. They were 
all sexually abused or trafficked as minors, and we hear from 
every single one of them they were either in DFCS custody or 
had child welfare involvement in another State.
    When that happens and children are maltreated in care and 
the system that is supposed to protect them and help them and 
give them voice instead silences them, they're not--they're not 
going to come forward. They don't trust the system. They don't 
trust anyone to believe them when they say I'm a victim of 
this. So I think there are a number of different reasons for 
it, but I----
    Senator Blumenthal. Thank you----
    Professor Hetherington [continuing]. Think those are some 
of the main ones.
    Senator Blumenthal. Thank you, very much. Thanks, Mr. 
Chairman.
    Senator Ossoff. Professor Carter, in your opening 
statement, you talked about systemic failures in Georgia DFCS 
and Georgia's child welfare system. Can you elaborate on what 
that means for children in Georgia who are at risk of abuse or 
neglect?
    Professor Carter. I'll get this button right eventually. 
You know, I think, you know, really to take your lead, to 
follow your lead and always ground our observations in the 
realities of the children and families and youth who are 
impacted, I think when we talk about systemic failings, we're 
looking at these conditions, right, these broad, removed, 
structural, and organizational features of our system. But the 
truth is, we don't know about those things. They're sort of 
invisible and hidden until there's an impact that we can 
identify and point to. And those impacts come in the 
experiences of children and youth.
    So I would echo some of the examples that Professor 
Hetherington and even our earlier speakers provided. The kinds 
of themes that we are seeing that are indicative of systemic 
failures at the experience--at the level of experience of 
children and youth involved, for example, undocumented youth, 
youth with Special Immigrant Juvenile Status who have been left 
with their abusers because the department is unwilling to take 
them into custody and serve them through foster care, or 
children who become, at the age of 18, eligible for what we 
would refer to as extended youth support services.
    This is the continuation of support for children, now young 
adults beyond the age of majority, so that we are extending 
that safety net of support. And we see and hear regularly and 
routinely that these young adults now are denied the right to 
send to sign themselves back into care.
    Or, like Ms. Houston was describing in her own experience, 
they are encouraged, if not pushed, out of those support 
services because they might be ``difficult to serve.'' And 
``difficult to serve'' often means expensive to serve.
    We hear about, pretty consistently and routinely, about 
children who have open child--families who have open Child 
Protective Services cases, and we're seeing what seems to be 
increasing number of reported fatalities of infants, despite 
having the open Child Protective case.
    We have all--many persistent and historical challenges with 
youth who have been institutionalized in high-end residential 
settings, or in juvenile detention facilities, or adult jails, 
and not been picked up upon their release, or conversely, 
children who are threatened with being committed to psychiatric 
treatment facilities or arrested for noncompliance with 
services.
    We have, locally, observations and reports around the 
department's outright disregard for court orders to prevent 
children from--that they're disregarding an order that children 
not enter care or threats that are made to parents that they'll 
be charged with abandonment.
    We also have a lot of local departments just, you know, 
looking at the courts and at the judges and saying, you know, 
``This isn't us. Right? Make this someone else's 
responsibility. Choose a different agency. Characterize what's 
going on with this family in a different way.''
    We also have consistent and persistent problems that really 
speak to a lack of support for caregivers, particularly 
relatives or what we refer to as fictive kin, people who aren't 
related by blood or legal relationship but take children in 
when they're known to those children, and a real, you know, 
lack of support once those folks step forward and take in 
children.
    We also have increasingly reports about children being 
placed out of county. So children who are taken into foster 
care, but not--there's--because of a lack of placement 
resources, not kept in their home county, which, of course, 
impedes the ability to--for that child to have ongoing 
relationships and contact with their families, to be stable in 
school, to be--have some stability with their healthcare 
providers, et cetera. All of that is disrupted when children 
are relocated.
    Senator Ossoff. And I want to thank you, Professor, for 
giving us that kind of clarity and specificity about the kinds 
of cases you are seeing.
    As you know, this is an active and ongoing inquiry, and you 
have pointed us in the direction of additional areas of 
necessary investigation.
    Now, I want--I want you to walk the Subcommittee and the 
public through this internal audit process. So the U.S. 
Department of Health and Human Services reviews how well State 
foster care systems are performing, including Georgia's, as 
part of the Child and Family Services Review. Can you please 
just briefly describe the case review process that HHS 
undertakes as part of that process?
    Professor Carter. Yes, sure. So thank you for the question. 
As you describe it, the Child and Family Services Review is a 
periodic kind of Federal audit of State foster care and family 
preservation programs. Every State undergoes this audit at 
different cycles.
    The review assesses the outcome of services by looking at 
some individual case review, as you describe it, along the--
along, essentially, seven defined outcome areas.
    And then, each of those outcome areas is further defined by 
measurements that are referred to as items. So you'll see items 
under outcomes, and the outcomes are meant to reflect the 
State's performance in these broad areas of safety, permanency, 
and well-being, and those three domains really define the 
outcomes that we are seeking from this system.
    As you describe it, the process in its entirety involves a 
lot of data collection. The State also undergoes its own self-
assessment.
    But I think key to your question is the--are these case 
record reviews where a sample of cases--when the Federal 
Government conducts it, it's 65 cases--which are a mix of both 
foster care and family preservation cases, those are cases 
where children are still at home with their parents but the 
family's receiving mandated services.
    And through those 65 cases, again, the reviewers are 
looking across these seven outcome areas for evidence to 
support these measurements to--in order to have an ultimate 
understanding of how the system is faring with respect to those 
outcomes of safety, permanency, and well-being.
    Senator Ossoff. Thank you, and the Subcommittee has 
obtained Georgia's DFCS' assessment of its performance on those 
same Federal standards for a period of March to June of 2023.
    I'd like to go through DFCS' assessment with you. Please 
turn to Tab 3 or Slide 3, and --excuse me--please turn to 
Exhibit 2. This is Spring 2023 DFCS Audit, and I'm introducing 
this document into the record.
    [The information appears as a submission for the record.]
    Senator Ossoff. And if we turn to Slide 3 in the bottom row 
of the chart under Item 3----
    Professor Carter. Mm-hmm.
    Senator Ossoff [continuing]. We see that according to this 
internal Georgia DFCS audit of its own performance, DFCS found 
that it met risk assessment and safety management obligations 
only 16 percent of the time.
    So in other words, Georgia DFCS, according to this self-
audit, failed 84 percent of the time on risk assessment and 
safety management. Can you translate that for the public to 
understand what that means for children in Georgia?
    Professor Carter. I think it's important first to think 
about what we refer to as safety assessment. To think about 
here what's happening is that the State is intervening with 
family. Right?
    We're--as parents, we're allowed to direct our daily lives 
of our children without the government telling us how to do 
that.
    The threshold for government intervention is really a 
question of harm or risk of harm to the child. That's what 
invokes the State's responsibility, its duty to protect 
children. Once it does intervene in families, every decision, 
every action thereafter is calibrated around this assessment of 
the child's safety.
    So as a matter both of policy, like in every State, but 
certainly true here for Georgia DFCS, and a matter of best 
practice, there is an initial safety assessment that happens, 
and then there's an expectation that safety is assessed on an 
ongoing basis. And safety assessment is both an art and, I 
suppose, a technique. It's a formal skill. There are both 
formal and informal ways that safety assessment can happen.
    And so what we're looking at here in Item 3, which is, 
again, in one of these broad domain areas of safety, is really 
looking at the adequacy of the response.
    So a report has been made to the department that says a 
child has been abused or neglected. The department then makes a 
response and conducts a safety assessment.
    And then throughout the continuing life of that case, the 
continuing involvement of the State in that family, the 
caseworkers are, on an ongoing basis, trying to collect 
information and make a determination about the existence of a 
danger to that child, a threat to the child, and how the 
ability of the parents, the competency--the parenting 
competencies and resources can mitigate against that threat.
    And this determines things like the track assignment. How 
much is DFCS going to be involved? Are you going to be 
investigated, or are you going to have some other level of 
lower concern response? Whether a child is going to be removed, 
whether a child will be returned home at some point, what is 
the appropriateness of any placement?
    So, honestly, I can't think of a much better example than 
the one that we heard this morning with Ms. Aldridge. The idea 
of what's happened there is that a report would have been 
called in on the basis of her reported incarceration and 
unavailability as a parent, the department would approach that 
circumstance and investigate it. Easy enough to verify.
    And then the department is going to, at that point because 
there was no available parent, going to, as it did in that 
case, create what's called an out-of-home safety plan to figure 
out where that child is going to live and who's going to take 
care of her during the time that her parent is unavailable.
    And so they would have then--should have better assessed 
the options that were available for a substitute caregiver. And 
through--the course of that assessment would be to check 
backgrounds, as you mentioned earlier, to get some additional 
information about the suitability of that alternate substitute 
caregiver.
    And then once the child is placed there, that there's this 
ongoing responsibility to be checking in, to just make contact 
with that child, with those caregivers, to continue to take in 
information to adjust the--sort of, on the basis of changing 
circumstances. Is there someone new in the home, right, at this 
case? Does the father have a girlfriend that might be 
inappropriate? What has changed in the composition of the 
household? Where might there be a critical incident that needs 
a different response, et cetera?
    Senator Ossoff. And, Professor Carter, to that point, in 
terms of conveying to the public, okay, what does it mean if, 
according to this DFCS audit, there's an 84-percent failure 
rate to properly assess and respond to risk and safety issues?
    What we also heard from Ms. Aldridge is that she reported 
observed bruising on the body of her then-still living child to 
Georgia DFCS, but because no proper action was taken, the child 
remained in a dangerous living environment and was subsequently 
killed.
    There are a few statistics on this chart, Professor Carter, 
and one assesses whether DFCS timely initiates an 
investigation. And on that measure, the number is pretty good.
    But on risk assessment and safety management, it's an 84-
percent failure rate. We heard today from Ms. Aldridge 
firsthand what that can mean for a child and for a family. Can 
you explain why the timely initiation of investigation is 
inadequate if the risk assessment and safety response are 
improperly undertaken?
    Professor Carter. Right. So thank you. So these are, again, 
2 of the 3 items that are designed to measure safety and how 
well the agency--how effectively the agency is responding to a 
report of abuse or neglect.
    And the first item, as you describe it, is just the capture 
of the activity of responding. So once a call has come in, does 
then someone from DFCS go and make face-to-face contact with 
the child victim--the alleged child victim within the 
prescribed timeframes.
    And in Georgia, there are three different levels of 
response, depending on the severity of the allegation: 
immediately; within 24 hours; or within 72 hours. A DFCS worker 
needs to make face-to-face contact with the child and conduct 
or initiate this initial safety assessment, again, gathering 
the information to determine, under the circumstances as they 
were known, whether that child is safe or unsafe.
    The other item, Item 3, which we've been discussing, is 
really, again, about the adequacy of the response. So what were 
the type of activities that were undertaken--not just the 
dispatching of a person to make contact, but the actual then 
use of clinical and other skills to make a judgment about 
what's going on and fashion a plan and services.
    And really, just to be sort of--to put it kind of directly 
and simply, you ask what the implication of this is for 
children. The implication of poor performance on risk 
assessment and safety management is that children are unsafe, 
or at least that we can't be certain about their safety.
    And that being the primary mission of this agency, of this 
system, of the--you know, and consistent with the duty of the 
State, shows a pretty complete failure.
    Senator Ossoff. And Professor Carter, you had mentioned 
that you serve--I believe, co-chair one of the three 
congressionally mandated citizen review panels whose purpose is 
to oversee Georgia DFCS.
    And without objection, I want to enter into the record 
Exhibit 3, which is the 2021 Citizen Review Panel Annual 
Report.
    [The information appears as a submission for the record.]
    Senator Ossoff. What we find on page 15, Professor Carter, 
of this 2021 report is that this panel of outside experts 
mandated by Congress to oversee Georgia DFCS activities was 
writing at this time in 2021 about ``ongoing concern on the 
lack of significant progress.'' That's a direct quote on this 
exact item--risk assessment and safety management.
    So here we have early 2023, an 84-percent failure rate to 
assess risk and respond to safety hazards for children.
    Again, this sounds like a lot of bureaucratic jargon. What 
it means is, is Brooklynn--when it is reported that there's 
bruising on her body--protected from the adult who is harming 
her?
    That's what's at stake here. And we see in the work of this 
citizen review panel, back to at least 2021, explicitly raising 
concerns about Georgia's performance on risk assessment and 
safety management. Correct?
    Professor Carter. That's correct. These oversight bodies 
were thought by Congress as a way to help bring in a community 
of, you know, perspective on the work and really help to 
illuminate these kinds of systemic deficiencies.
    So here, this body, which is impaneled by people who know 
the work, these are members of our broader child welfare 
community and Georgia stakeholders of the system, who know 
what--how the system is supposed to work, and who are also in 
the business of serving children and families who are in our 
foster care system. And so they lifted up this issue and 
brought it to light to the department.
    Senator Ossoff. And without objection, I'll enter Exhibit 3 
into the record.
    [The information appears as a submission for the record.]
    Senator Ossoff. And finally, I want to turn your attention 
to Exhibit 4, which I will likewise enter into the record.
    [The information appears as a submission for the record.]
    Senator Ossoff. This is a July 2022 letter from the Office 
of the Child Advocate in Georgia.
    In this letter, the Office of the Child Advocate, or OCA, 
writes to DFCS regarding, quote, ``systemic issues identified 
by Child Advocacy Centers of Georgia and other CICs, finding 
that''--this is OCA's finding, ``in all cases reviewed''--as 
part of this investigation--``in all cases reviewed, DFCS 
failed to take adequate steps to respond to allegations of 
physical and sexual abuse.''
    And as I mentioned in my opening statement in this same 
document, OCA continues to state that they encounter these same 
issues, quote, ``consistently throughout the State through 
OCA's day-to-day investigative work.''
    So in 2021, we have a citizen review panel who is sounding 
the alarm on continued failure on risk assessment and safety 
response.
    In 2022, we have the Office of the Child Advocate 
identifying systemic issues to respond to allegations of 
physical and sexual abuse.
    Again, what does that mean? It means the bruising on 
Brooklynn's body and OCA saying that, by the way, they 
encounter these same issues, quote, ``consistently throughout 
the State in OCA's day-to-day investigative work.''
    This is another independent watchdog.
    Citizen review panels are one independent watchdog. OCA is 
another independent watchdog.
    According to the Atlanta Journal-Constitution, DHS in 
Georgia, which runs DFCS, quote, ``vehemently denied OCA's 
finding that there were systemic issues impacting child 
safety.''
    Here we have an internal document from DFCS itself finding, 
as you described it to us, the same 84-percent failure rate 
earlier this year on risk assessment and safety management. 
Correct?
    Professor Carter. Correct.
    Senator Ossoff. Are you aware of--let me ask you the 
question this way. Based upon everything that you are seeing, 
do you believe that this agency is accepting, owning, taking 
responsibility for, and doing everything that they can, faced 
with multiple independent oversight bodies warning them for 
years of these issues and their own internal audits confirming 
these issues, to fix them as fast as possible? Is that what 
you're seeing on the ground in Georgia?
    Professor Carter. No.
    Senator Ossoff. I want to thank you, both, for lending your 
expertise to this effort.
    And I want to emphasize a couple of things in closing.
    The first is, that this is an ongoing inquiry, and so for 
members of the public who have information that we should be 
aware of, stories they want to share with the Senate, please 
reach out to the Subcommittee. We'd love to hear from you.
    Second, I want to reemphasize something that we've touched 
on time and time again throughout this session, and it's not 
possible to say it enough. We're talking about children.
    We're talking about the most vulnerable children in the 
country. We're talking about the structures that exist for the 
purpose of providing a sanctuary to the most vulnerable 
children in the country who have been through, in many cases, 
the most shocking and appalling forms of abuse.
    And so I want to, again, thank Ranking Member Blackburn for 
working together with me to shine a light on these issues, to 
empower experts, to offer suggestions for where we go from 
here.
    And let's all commit--everybody in Georgia, everybody in 
the Senate, everybody across the country, from this moment, 
let's commit to working together, being clear-eyed and honest 
with ourselves about the issues that we face in saving the 
lives and opportunities that too many innocent children right 
now are being denied.
    Thank you for your testimony. Thank you, all, for 
attending.
    The record will remain open until November 15th for 
additional submissions. And with that, the Subcommittee is 
adjourned.
    [Whereupon, at 4:40 p.m., the hearing was adjourned.]
    [Additional material submitted for the record follows.]
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                            A P P E N D I X

The following submissions are available at:

  https://www.govinfo.gov/content/pkg/CHRG-118shrg59957/pdf/CHRG-
    118shrg
    59957-add1.pdf


Submitted by Chair Ossoff:

 Aldridge, Rachel v. Beverly Beaumier, et al., pretrial summary 
    judgment......................................................     2

 Child Welfare League of America (CWLA), statement................    28

 Council of Juvenile Court Judges of Georgia (CJCJ), letter.......    35

 Georgia Child Abuse Prevention & Treatment Act (CAPTA) Citizen 
    Review Panels, 2021 annual report.............................    37

 Georgia Division of Family & Children Services (DFCS), 2023 audit   135

 Georgia Office of the Child Advocate, letter.....................   166

 Gupta-Kagan, Josh, J.D., statement...............................   169

 Savage, Brent J., letter.........................................   175

 Shinpoch, Jennifer L.L., letter..................................   178

Submitted by Ranking Member Blackburn:

 Quin, Margie, Commissioner, Tennessee Department of Children's 
    Services, letter..............................................   183

                                 [all]