Justice for Kids® outlines what agencies must do when a foster child runs away, and the legal options when they fail
Quick Answer: Federal law requires child welfare agencies to report missing foster youth to law enforcement and to the National Center for Missing & Exploited Children within 24 hours, and to screen returning youth for trafficking. When agencies fail and a child is exploited, the child may have claims against the agency, the traffickers, and businesses that profited. Justice for Kids®, a Florida-based practice with an Oregon office in Portland, reviews these cases.
PORTLAND, Ore. (October 2026) — Justice for Kids® is issuing guidance on what happens when Oregon foster youth go missing from care, what federal and state law require of child welfare agencies, and the legal remedies available to young people exploited while missing.
A Population at Heightened Risk
Children in foster care are far more likely than their peers to run away. Teenagers who have been moved repeatedly, placed far from family, or put in hotels and shelters may leave to reach a relative, a friend, or a partner, or simply to escape a placement that feels unsafe.
Running away exposes young people to serious danger. Traffickers and exploiters specifically seek out youth who are alone, without money, and distrustful of adults. Many trafficking survivors identified in the United States have a history of involvement with the child welfare system.
When a foster child goes missing, the agency responsible for that child has legal duties. When those duties are ignored, and a child is exploited, an Oregon child trafficking lawyer can help the young person seek accountability.
What Federal Law Requires
In 2014, Congress passed the Preventing Sex Trafficking and Strengthening Families Act. It requires state child welfare agencies, including ODHS, to:
| Requirement | What It Means |
|---|---|
| Report to law enforcement | Within 24 hours, for entry into the national crime database |
| Report to NCMEC | Within 24 hours, to the National Center for Missing & Exploited Children |
| Locate missing youth | Develop and follow protocols to find children who go missing |
| Screen on return | Determine why the child left and whether they were trafficked |
| Identify victims | Screen and document youth who are or are at risk of being trafficked |
| Respond to risk factors | Address factors that contributed to the child running away |
These requirements exist because missing foster youth were too often treated as low priority, sometimes not reported for days, and returned to the same placements they fled without anyone asking why.
When the System Fails Missing Youth
Common failures include:
- Delayed or missing reports to police and NCMEC
- Little or no effort to find the child
- Treating repeat runaways as a behavior problem instead of a safety risk
- Returning the child to the same placement without addressing why they left
- Failing to screen returning youth for trafficking or abuse
- Ignoring signs such as new phones, money, older partners, or hotel stays
- Placing a youth known to be targeted in a setting with little supervision
Each of these can increase the risk that a child is exploited. When records show that ODHS or a placement provider knew a youth was at risk and didn’t act, the failure may support a legal claim. A missing foster child attorney in Oregon can obtain the reporting records, timelines, and screening documents that show how the agency responded.
Why Youth Run From Placements
Understanding why a child runs is central to preventing it. Common reasons include:
- Abuse or threats in the placement
- Separation from siblings or family
- Placement far from home, school, or friends
- Hotel, office, or shelter stays without stability
- Conflict with caregivers or staff
- Being recruited or pressured by an exploiter
- Feeling unheard by caseworkers
Federal law requires agencies to ask these questions when a child returns. When no one asks, the child is often sent back into the same situation, and the cycle repeats.
Legal Remedies for Trafficking Survivors
Young people exploited while missing from care may have several kinds of claims.
Claims Against Agencies and Providers
Claims may involve ODHS or private providers for failing to report, search, screen, or protect a child at known risk. Claims against public bodies must follow the Oregon Tort Claims Act, including notice requirements.
Claims Against Traffickers
Survivors can bring civil claims against the people who exploited them.
Claims Against Businesses That Benefited
The federal Trafficking Victims Protection Act, at 18 U.S.C. § 1595, allows survivors to sue not only traffickers but also anyone who knowingly benefited from participating in a venture they knew or should have known involved trafficking. Courts have allowed such claims to proceed against hotels, motels, and other businesses in some cases. Oregon law also provides a civil cause of action for trafficking victims.
Civil Rights Claims
When state officials act with deliberate indifference to a known risk to a child in custody, federal civil rights claims under 42 U.S.C. § 1983 may be available.
Evidence in Missing-From-Care Cases
| Evidence | What It Can Show |
|---|---|
| Missing child reports and timestamps | Whether reports were made within 24 hours |
| NCMEC case records | Agency follow-through |
| ODHS case notes | Efforts to locate the child |
| Return interviews and screenings | Whether trafficking was identified |
| Placement records | Pattern of runs from the same placement |
| Hotel and business records | Where exploitation occurred |
| Phone and social media evidence | Contact with exploiters |
Much of this evidence must be preserved quickly. Hotel and digital records may be kept for limited periods.
Protecting Survivors’ Privacy and Wellbeing
Trafficking survivors face real safety and privacy concerns. Legal work in these cases must be trauma-informed and careful:
- Initial conversations are confidential
- Courts may permit survivors to proceed with initials or a pseudonym
- Records can be shared under protective orders
- The survivor’s therapist can be consulted on timing
- Survivors decide how and when to participate
Survivors are never blamed for running or for what happened while they were missing. The legal focus is on the adults and systems that failed to protect them.
What Caregivers and Professionals Should Do
If an Oregon foster youth is missing:
- Call 911 or local law enforcement immediately
- Notify the caseworker and ODHS
- Contact the National Center for Missing & Exploited Children at 1-800-THE-LOST (1-800-843-5678)
- Write down when the child was last seen, what they wore, and who they were in contact with
- Preserve messages, social media accounts, and phone records
If you suspect trafficking, contact the National Human Trafficking Hotline at 1-888-373-7888 or text 233733. To report abuse, call the Oregon Child Abuse Hotline at 1-855-503-SAFE (7233).
Deadlines
Oregon’s child abuse statute of limitations generally allows claims until age 40 or within five years of discovery. Federal trafficking claims under 18 U.S.C. § 1595 generally have a 10-year limitations period, with extra time for minors. Claims against public bodies have shorter notice requirements. Survivors should seek advice early.
Serving Survivors Statewide
The Portland office serves survivors and families throughout Oregon, including Portland, Gresham, Beaverton, Hillsboro, Salem, Eugene, Springfield, Bend, and Medford. Mid-valley families can reach a Corvallis child abuse attorney on the Oregon team, who can meet them locally.
Oregon-Licensed Counsel
Justin Grosz – Oregon-Licensed Attorney. Justin Grosz, a licensed Oregon attorney, represents children and young adults harmed in foster care and other state systems. A partner and co-leader of the Justice for Kids® division, he has tried more than 230 jury trials to verdict. His Oregon work includes cases where agencies failed to protect youth at known risk of exploitation.
Frequently Asked Questions
How quickly must ODHS report a missing foster child?
Federal law requires reporting to law enforcement and to NCMEC within 24 hours of learning the child is missing.
Can a survivor sue a hotel?
In some cases. Federal law allows claims against businesses that knowingly benefited from a venture they knew or should have known involved trafficking.
What if the youth ran away voluntarily?
Running away doesn’t remove the agency’s duties to report, search, and protect. Children can’t consent to their own exploitation.
Can adults who were trafficked as foster youth bring claims?
Often, yes. Federal trafficking claims and Oregon child abuse claims allow extended time, though deadlines vary.
Will the survivor’s name be public?
Courts may allow survivors to proceed using initials or a pseudonym. Counsel can request privacy protections.
About Justice for Kids®
Justice for Kids® is a division of Kelley Kronenberg, a Florida-based law firm. It represents children and young adults harmed by foster care, residential treatment, disability systems, and schools nationwide. Oregon matters are handled through the Portland office by Justin Grosz, a licensed Oregon attorney.
Oregon Office Contact
Justice for Kids® – Oregon 6500 S. Macadam Avenue Suite 380 Portland, OR 97239 Phone: 503-783-8481 Toll-Free: 844-4KIDLAW (454-3529)
Survivors and families seeking an Oregon child trafficking lawyer can contact the Portland office.
Sources and Further Reading
- Preventing Sex Trafficking and Strengthening Families Act of 2014, Public Law 113-183
- Trafficking Victims Protection Act, 18 U.S.C. § 1595, Civil Remedy
- National Center for Missing & Exploited Children, Children Missing From Care
- National Human Trafficking Hotline, Polaris Project
- Child Welfare Information Gateway, “Human Trafficking and Child Welfare”
- Oregon Revised Statutes 12.117, Child Abuse Actions
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