Children in the foster care system have already suffered abuse and neglect by the time they’re removed from their home. Various agencies exist to place these children in safe environments, typically on a temporary basis. Ideally, these are placements with licensed foster parents, who can provide the love, care, and guidance that’s been missing from the child’s life. Unfortunately, there are not enough foster parents in the system, meaning that most of these kids are placed in group homes managed by state and county welfare agencies.
It’s no secret that incidents of sexual abuse, physical assault, and neglect occur on a frequent basis at these facilities. Predatory counselors and administrators can easily take advantage of vulnerable minors. Even if they are not the actual abusers, they often look the other way or choose to hide reports of child abuse. This cover up of rape, molestation, sexual harassment, and other forms of abuse can go on for many years, leaving countless victims in their wake.
Children can also be abused by their foster parents, who are allowed into the system due to insufficient background checks. Even worse, many social workers are overworked or not qualified to make the necessary visits and recognize clear signs of abuse. As a result, children are left with their abusers for many months, sometimes several years, with no one to turn to for help.
If you are an adult survivor of foster care abuse, we can help you achieve justice through a lawsuit against the individuals and agencies that have failed you. To learn about the legal options that are available to you, contact our office to speak with an experienced foster care abuse attorney.
Mandatory Reporting Laws for Foster Care Workers and Parents
Individuals that work directly with children are mandated by law to report incidents of abuse, or suspected abuse, which they should be trained to recognize. Failure to report knowledge of, or suspicion of a foster child being abused, is a crime under the state’s mandated reporting laws. Furthermore, the abuse victim has the right to file a lawsuit against the foster parents, foster care agency, or any other entity responsible for their safety and well-being.
If you are in need of representation for a foster care / services failure to report sexual abuse of a foster child, don’t hesitate to give us a call. We have many years of experience in childhood sex abuse cases, and have what it takes to succeed in a claim against public entities, such as DCFS and Foster Family Agencies.
What are my Rights as a Victim of Foster Care Sexual Abuse?
Most foster care abuse victims are unable to take action until they are adults. By that point, it’s hard to know what your rights are when it comes to a civil lawsuit. This is particularly complicated in foster care cases, as multiple organizations are liable for the child’s safety. To give you an idea of your legal options, here are some topics that we typically go over during consultations with foster care sex abuse survivors.
Can I sue Foster Family Agencies (FFAs) for failure to report my abuse to the police?
FFAs are private companies that are used by county agencies to place at-risk children in foster homes or group homes. These agencies are responsible for placing children in safe environments and ensuring that they are well cared for during their stay. These duties include watching out for signs of sexual abuse and immediately reporting incidents of abuse to the police. Not doing so is a criminal misdemeanor according to California’s mandatory reporting laws. FFAs can also be sued for monetary damages by former victims of foster care sexual assault.
Can I sue the county or state agency that’s in charge of the foster family agency?
Yes, you may be able to sue the county or state office in charge of your placement agency if they knew, or should have known that you were being sexually abused. These agencies include the California Department of Social Services, California’s Child Protective Services, and the county Department of Children and Family Services.
Can I sue foster parents for failure to report incidents of abuse or neglect?
When agencies fail to properly screen applicants or keep up with home visits, foster children can suffer months or years of abuse at the hands of a foster parent. Adult survivors of sexual abuse may have grounds to file a lawsuit against their attackers. A foster parent can also be sued if they knew about the other parent abusing the child, but didn’t report them to the authorities.
What about my social worker, teachers, and other people who knew about the abuse?
School employees and administrators, social workers, after school program volunteers, etc. are classified as mandatory reporters, which mean they are required to report abuse incidents on behalf of a foster child. Failing to contact the police or engaging in a cover up of such information makes them liable in a foster care sexual abuse lawsuit.
We know that you have many other questions regarding your legal rights, which we can assist you with during a free consultation. This is a completely confidential meeting where we will talk to you about the steps we can take, should you decide to file a lawsuit. If you’re ready to speak with one of our attorneys, please call us at your earliest convenience.
Our Recent Verdicts and Settlements
$2.5 Million
$600,000
$1.5 Million
$54 Million
$525,000
$1.2 Million
Compensation from a Foster Care Failure to Report Lawsuit
Now that you have a sense of the parties you can sue, you may be interested in learning about the damages you can recover. These damages are meant to compensate you for your monetary and emotional losses, and may include:
- Medical expenses
- Counseling and related mental health services
- Lost wages
- Pain and suffering
- Legal fees
- Punitive damages
A child sex abuse lawyer at our office can help you determine which forms of compensation you are eligible to receive. Then, we will gather evidence to support your claims and put together a strong, convincing demand package. While we can’t guarantee immediate results, you can count on to fight tirelessly for your settlement.
Average Value for Cases of Foster Child Abuse
The value of a victim’s physical and emotional suffering is unique to each case of foster care sexual abuse. Thus, it would be a disservice to quote an average amount that would apply to these lawsuits as a whole. However, our experience with child sexual abuses cases, especially ones where multiple parties are responsible, has often resulted in 7-figure settlements. This is in line with foster care sex abuse settlements around the country, where victims in recent years received anywhere from $1.5 million to over $10 million.
Our lawyers can help you figure out a fair amount of damages to ask for and ensure that you are properly represented in a case of foster child sexual abuse.
How long does it take to Settle these Cases?
Understandably, the average victim wants to settle their case as soon as possible and put this painful chapter of their lives behind them. Based on the number of brave victims who have succeeded in their lawsuits, foster care agencies are more willing than ever to negotiate a settlement without court intervention. If so, we can probably resolve one of these cases within 4 to 8 months. However, case timelines can be extended by a variety of complications, even when the other side is cooperating with us. Thus, we are honest in stating that the settlement process can take 12 to 18 months. In the event that negotiations are not possible and we have to proceed with a lawsuit, two or more years may be needed in order to settle your case.
How long do I have to File a Lawsuit?
Filing your lawsuit within the statute of limitations is extremely important, as the courts are very strict about the deadline for seeking monetary damages. Previously, childhood sex abuse victims had 8 years to take legal action after they turned 18, or three years after discovering an injury (physical or mental) caused by sexual abuse.
In late 2019, Assembly Bill 218 (AB 218) was signed into law, giving adult survivors even more time to bring a lawsuit for their harm and suffering. Under the current laws, the statute of limitations to file a sexual abuse of a foster child lawsuit is as follows:
- Up to the age of 40, or within 22 years after turning the age of majority.
- Within 5 years from the date of discovery, i.e., discovering the “psychological injury or illness occurring after the age of majority was caused by the sexual assault.”
Victims who have done some research in this area have called us to ask “Which deadline applies to my situation, up to the age of 40 or within 5 years from discovering the injuries from sexual abuse?” Luckily, the answer is – whichever date comes later. In addition, there is a 3-year look back window under AB-218 for victims who had previously run out of time under the old laws. That means you may still have a chance to sue for the abuse you suffered as a foster child, even if your claim had previously expired. Please note that the 3-year window is set to expire on December 31, 2022, so you must take action right away to protect your right to compensation.
Schedule a Free Case Review
There’s no doubt that America’s foster care system is failing its children, in spite of people’s best efforts. Much of this failure is due to people in the system that commit acts of abuse, or turn a blind eye to sexual assault that’s occurring in foster homes and residential facilities. This type of negligence causes lifelong damage to the hundreds of thousands of children that are in foster care at any given time.
As a survivor of childhood sexual abuse, you deserve high quality representation without having to pay for it. Our law firm is happy to fight for your rights at no cost to you, even if your case goes to trial. Our fees are paid at the end of your case when you receive your settlement award. If we don’t win your case, you owe us nothing under our Zero fee guarantee.
We look forward to advising you and recovering maximum payment for the suffering you have endured. Contact Normandie Law Firm and schedule a free case evaluation.
Other Pages on Our Website Related to This Topic
How long after Sexual Abuse can I Sue a Foster Home
Statute of Limitation – How Long Do I Have to File a Lawsuit Against Foster Care in California for Abuse Attorney
Foster Care Sexual Abuse Lawsuit Attorney
