The case of the abused foster girl from Vlaardingen has reignited the debate on responsibility and duty of care within the youth care system. Despite repeated warnings from the biological mother, none of the involved institutions took action. When the girl was admitted to the hospital in May 2024 with severe brain injuries, it became clear that the signs of abuse had been visible for quite some time. However, the Public Prosecution Service decided not to press criminal charges against the care workers involved. André den Exter, Associate Professor of Health Law at Erasmus School of Law, called the prosecution’s decision premature in an interview with RTL Nieuws. In conversation with Erasmus School of Law, he elaborates on negligence, duty of care, and the need for stronger oversight in youth care.
Warning signs that were ignored
The girl’s mother had repeatedly raised concerns over a period of two years with several foster care agencies. She reported that her daughters were becoming alarmingly thin and repeatedly asked about the origin of scars she had noticed. However, no intervention followed. According to Den Exter, such signals should never have been ignored.“These are indications suggesting that the care staff might have been aware of the abuse. In that case, it seems to me certainly relevant to investigate further,” he says.
The question is how such signals should be weighed legally. Den Exter emphasises that these are warning signs that trigger a duty to act. “At the very least, it is a signal that must be taken seriously, especially if multiple messages raise alarming questions about possible abuse. That is a red flag requiring action from the foster care supervisors.”
Possibilities for prosecution
The Public Prosecution Service ultimately decided not to prosecute the involved care workers, as the investigation could not prove that they knew about the abuse. Den Exter told RTL Nieuws: “A heavy burden of proof is required to determine that a care professional shares responsibility for the injuries suffered by the foster child.”
However, when criminal prosecution does not follow, there are other ways to hold care professionals or institutions accountable. Den Exter explains: “As far as care professionals fall under statutory disciplinary law, a disciplinary procedure can be initiated against the individual care provider.” Additionally, the Health and Youth Care Inspectorate (IGJ) can order an investigation into the foster care provider, for example, to assess the quality of care.
According to Den Exter, requesting inspection reports and guidelines can be an important part of a thorough investigation. “It is essential to obtain the IGJ inspection report to gain more clarity about any mistakes made by individual care workers during the foster placement,” he explains. “This can reveal whether the relevant guidelines were followed, such as the screening of foster parents, individual interviews with the foster child, and the follow-up of abuse reports. After the news broadcast, this report was eventually requested.”
Den Exter also points out that the biological mother can take further steps if the Public Prosecution Service refrains from prosecution. She can file a complaint with the complaints committee of the foster care organisation.
Communication and oversight
According to Den Exter, the Vlaardingen case painfully illustrates how poor cooperation between institutions can lead to devastating consequences. “Coordination and communication between foster care supervisors, the school, the biological mother, and the foster parents were apparently inadequate,” he says. “If these parties had exchanged information more effectively, the warning signs might have prompted action sooner.”
Furthermore, Den Exter argues that too little attention is paid to compliance with existing guidelines. The rules and professional standards already exist, but they are not always applied. “We need to invest primarily in enforcing the foster care guidelines among foster care supervisors,” he stresses. “These are their own professional standards, specifically designed to identify and report signs of abuse in time.”
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Read the RTL article here (in Dutch).
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