Foster children, almost by definition, have faced more than their fair share of obstacles and difficulties. Whatever circumstances brought them into the foster care system, someone in a position of authority had to make a determination that those circumstances merited removing them from their homes and placing them somewhere else. It is therefore upsetting to learn that foster children in California and around the country are becoming the victims of identity theft in ever greater numbers, as reported recently in the California Bar Journal. Often because of the uncertain situation in which they live, foster children make an attractive target for unscrupulous identity thieves. California divorce attorneys who might have to deal with situations of abuse or neglect of children must understand the risks these children face.
Children usually land in foster care after a report of abuse or neglect leads to an investigation by state or local child protection agencies. Case workers may recommend removal of the child or children, who may then be placed with relatives or with families approved by the state as foster homes. In some instances, children may go to a facility such as a hospital or group home. While the removal may prove to truly be in the child's best interest, it often leaves the child emotionally, and as it turns out financially, vulnerable. Identity thieves may prey on them for their pristine credit scores.
An investigation led by the California Office of Privacy Protection in Los Angeles County looked at older children in the foster system to determine the extent of the problem and develop processes to repair damage and prevent future harm. State and county officials ran credit checks on 2,110 youths aged 16 to 17 in the foster system. Generally speaking, children should not have credit histories. They found that five percent of the group, 104 children, had credit problems. They identified 247 accounts opened in these children's names, with some resulting from simple errors and others from outright identity theft. They found an average account balance of $1,811, and in one case a child had a $217,000 home mortgage outstanding. The officials were able to clear all of the problem accounts.
Studies on identity theft have yielded widely varied results. A study by a security firm that deal with identity theft issues found possible identity fraud in 140,000 children out of a total of 172,000 enrolled in their program. Another firm found 10.2 percent of the children enrolled had suspicious outstanding credit balances.
A new federal law, passed this year and signed by President Obama, requires state child protection and foster care agencies to run credit reports on older foster children, and to assist the children in resolving credit issues before they age out of the system. In most situations, once a child reaches the age of 17 or 18 they are released from foster care and into the adult world. This new law will hopefully help them enter that world without the extra baggage of identity theft.
San Diego certified divorce lawyer Thomas Huguenor has spent more than 35 years representing parents and children in divorce and custody matters. For a free and confidential consultation, contact him today.
Web Resources:
A Better Start: Clearing Up Credit Records for California Foster Children (PDF), California Office of Privacy Protection
More Blog Posts:
Child Custody and Domestic Violence Explored, San Diego Divorce Attorney Blog, June 14, 2011
California Domestic Violence Laws Affect Custody and Support Orders, San Diego Divorce Attorney Blog, August 3, 2010
San Diego Child Custody Cases Often Involve Claims of Child Abuse, San Diego Divorce Attorney Blog, June 7, 2010
Photo credit: dave from morguefile.com