{"id":351848,"date":"2016-04-04T11:02:35","date_gmt":"2016-04-04T16:02:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/foster-care\/foster-care-background-and-history.html"},"modified":"2026-07-16T12:55:00","modified_gmt":"2026-07-16T17:55:00","slug":"foster-care-background-and-history","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/foster-care\/foster-care-background-and-history.html","title":{"rendered":"Foster Care: Background and History"},"content":{"rendered":"\n
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Foster Care: Background and History<\/h1>\n\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
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Foster care is a system designed to provide temporary, safe care for children who cannot remain with their birth parents, a practice with roots stretching back to ancient civilizations and early religious communities. In the United States, modern foster care evolved from indentured service and orphan trains into a regulated system focused on child safety, licensed homes, and permanency planning.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Today\u2019s foster care network includes family foster homes, group homes, and kinship care. These systems are all shaped by decades of reform aimed at protecting vulnerable children and supporting stable placements.<\/p>\n

Many religions, including the early Christian church and Judaism, encourage the care of orphaned children. Early Christian church records indicate orphaned children lived with widows paid by the church. Even in ancient Rome, there is evidence of wealthy families taking in children who were abandoned or orphaned.<\/p>\n

Read on to learn more about the background and history of foster care in the United States.<\/p>\n

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Foster processes and family laws vary by state. Find an attorney near you<\/a>.<\/p>\n

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Early Foster Care in the U.S.<\/h2>\n

English Poor Laws in the late 1500s allowed for the placement of poor children into\u00a0indentured service<\/a>\u00a0until they became adults. This practice was imported to the United States and marked the beginning of placing children into foster homes.<\/p>\n

Despite its potential for misuse, indentured service was in many ways a step up from\u00a0almshouses<\/a>.\u00a0 Indentured service allowed children to acquire a trade. In contrast, almshouses often subjected children to unhealthy, unsanitary environments and maltreatment from caregivers.<\/p>\n

At the time, children were placed into these homes because their parents or guardians had died. Child abuse was largely socially accepted and legal. Today, foster children are often removed from a home\u00a0due to abuse<\/a>\u00a0rather than because they were orphaned.<\/p>\n

Foster Care in the 1800s: Early Orphanages<\/h2>\n

The modern-day foster care system in the United States began in the late 1800s. At the time, child welfare was not a priority. Many children were left to fend for themselves on the streets. This was especially true for many immigrant children.<\/p>\n

In 1853,\u00a0Charles Loring Brace<\/a>, a minister, founded the Children’s Aid Society in New York City. After seeing so many immigrant children sleeping in the streets, Brace started the\u00a0Orphan Train Movement. As a result, over 150,000 orphaned children in New York City were sent by train to farms across the country, primarily in the Midwest.<\/p>\n

In the farming system, the treatment of children varied widely. Some were embraced with warmth and dignity. Others were subjected to harsh labor and mistreatment akin to slavery. Regardless, given its focus on providing a family environment for neglected and mistreated children, Brace’s method laid the groundwork for the modern family foster care system.<\/p>\n

Foster homes in New York City in the 1800s were often abusive. In\u00a0the 1870s, a young\u00a0orphan born\u00a0Mary Ellen Wilson<\/a>\u00a0received daily whippings and beatings at her foster home. There was no organization to protect abused children, so the attorneys for the American Society for the Prevention of Cruelty to Animals (ASPCA) took on her case.<\/p>\n

Her attorneys argued that laws protecting animals from abuse shouldn’t be greater than laws protecting children. Mary Ellen’s case went to court, and the foster mother was convicted of assault and battery and given a one-year sentence.<\/p>\n

Foster Care in the 1900s: Social Agencies and Foster Parents<\/h2>\n

In the early 1900s, society began to recognize the importance of child care. The federal government started to establish laws and regulations to protect children. In 1912, the first federal child welfare law was passed. This required states to have a system for the licensing of foster homes.<\/p>\n

The\u00a0Children’s Bureau<\/a>\u00a0was also created in 1912. The federal agency works to prevent child abuse and improve foster care and adoption.<\/p>\n

Foster parents began to be seen as an integral part of a team effort to provide for dependent children as states started to\u00a0formalize the process<\/a>\u00a0and enact regulations meant to protect children. Social agencies began to\u00a0pay and supervise foster parents. The government began state inspections of foster homes.<\/p>\n

Records were kept to increase accountability, and children’s needs were considered when placements were made. In addition, services were provided to birth families to enable foster children to reunify or return home.<\/p>\n

The child welfare system continued to develop throughout the 20th century. By the 1970s, the number of children in U.S. foster care exceeded 500,000. However, the system was far from perfect. Many children remained in care for years without any\u00a0permanency planning<\/a>.<\/p>\n

The Social Security Act of 1935<\/h3>\n

The\u00a0Social Security Act of 1935<\/a>\u00a0provided funding for child welfare services. In 1980, the\u00a0Adoption Assistance and Child Welfare Act\u00a0was passed. This act aimed to ensure children in foster care had a home placement. The act provided federal funding for services that would help reunify children with their birth parents or place them in adoptive homes.<\/p>\n

The Adoption and Safe Families Act<\/h3>\n

The\u00a01997 Adoption and Safe Families Act<\/a>\u00a0focused on finding permanent homes for children in foster care. This act required states to begin permanency planning for children within 12 months of being placed in foster care. The act also provided funding for support services for adoptive parents and foster caregivers.<\/p>\n

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Considering adoption? Find local legal help<\/a> for growing your family.<\/p>\n

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Foster Care in the Modern United States<\/h2>\n

Today, children in foster care can be placed in several different\u00a0types of foster homes<\/a>. One type of home is a single\u00a0foster family<\/a>\u00a0of one or more parents who care for up to six foster children in their home with their own biological or adopted children.<\/p>\n

Another type of foster care is the group home. Historically, group foster homes have been rife with abuse of children. They’re now generally better regulated and monitored than in the past.<\/p>\n

The third modern foster home type is called kinship care.\u00a0Kinship care<\/a> is when foster children are placed in the home of a relative or person who knew the child before they were removed from the home. The kinship foster care provider receives the emotional and financial support a foster parent would get from a foster care agency, but already has an established relationship with the child.<\/p>\n

The Future of Foster Care in America<\/h2>\n

While the foster care system has made significant strides over the years, there are still challenges that need to be addressed. Children with disabilities, mental health issues, and other special needs may require additional support services.<\/p>\n

Reunification with birth parents may not always be possible. In some cases, foster youth age out of the system without a permanent family, which can lead to struggles with independent living.<\/p>\n

Advocacy groups such as\u00a0CASA<\/a>\u00a0(Court Appointed Special Advocates) and social workers play an essential role in the child welfare system. They work to ensure children are placed in safe and stable homes. The\u00a0U.S. Department of Health and Human Services<\/a>\u00a0oversees the foster care system and provides funding for support services for children and families.<\/p>\n

The history of foster care in the United States has been shaped by the desire to ensure child safety and well-being. While the system has faced many challenges over the years, it has also made significant progress. Support services, background checks, and casework are some of the measures taken to ensure that child protection is a top priority.<\/p>\n

Foster Care Concerns? Get Legal Advice<\/h2>\n
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Understanding the history of foster care is helpful. But the real challenges arise when you\u2019re trying to personally navigate today\u2019s system, either as a foster parent or the birth parent of a child in the system.<\/p>\n

If you\u2019re thinking about becoming a foster parent, facing a complicated placement, or working towards regaining custody of your child, professional legal help can make the process far less overwhelming. A local attorney can explain your state\u2019s foster care rules, help you prepare for licensing or placement decisions, and support you through any legal issues that may arise.<\/p>\n

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FindLaw\u2019s directory of\u00a0family law attorneys<\/a> can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Because your state\u2019s laws and foster processes are relevant, your attorney should be licensed in your state. Your search results will also show important details about potential lawyers, including ratings and whether they offer free case evaluations.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n

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