Foster Care Sexual Abuse Lawsuit Attorney

By the time a child is removed from an unfit home, they may have already suffered abuse at the hands of their parents. The goal of foster care is to place these children in safe homes and give them the love and security they deserve. In truth, many foster care systems are mismanaged with overworked or poorly trained employees. These workers take shortcuts, like not doing through background checks or failing to make regular visits. The result is innocent children who are forced to endure the pain and trauma of sexual abuse.

Foster care sexual abuse is disturbingly common, and it doesn’t just happen in foster homes. Before these kids can be placed, most of them spend time at a group home with other foster kids. During their stay, they may be sexually assaulted by a staff member or another child. A recent case that exemplifies the horrors of foster care residential homes is the lawsuit filed by the former residents of MacLaren Hall in Los Angeles County. The victims endured years of sexual abuse at the hands of MacLaren employees. Worst of all, other staff members and social workers knew what was going on, but failed to resolve the problem.

These employees were required by law to report sex abuse incidents involving the kids in their care. When such individuals choose to ignore reported incidents or the signs of sexual abuse, they can be charged with a criminal misdemeanor under California’s mandated reporting laws. Additionally, the county agency, group home, and other organizations charged with the placement of foster kids may be sued in a lawsuit for foster care sexual abuse. In recent years, we’ve seen a wave of victims who have bravely come forward with their harrowing stories. Many of them have won settlements for the abuse they’ve endured as foster children. But these cases are challenging to win, as most of them occurred many years ago. Victims need experienced legal representation, and that’s precisely what we can provide at Normandie Law Firm.

To learn more about your legal rights and options as a foster care sexual abuse survivor, contact our office and schedule a free consultation with one of our attorneys.

What are my Rights as an Abused Foster Child?

If you were sexually abused at a foster home or residential facility, you may be able to sue the parties that were responsible for your care. These parties include Child Protective Services, foster care placement agencies, and residential homes for kids who are waiting to be placed. They can also include school districts if they fail to report incidents of sexual assault or ignore clear signs of abuse. These entities have a duty of care to the children they serve. When they breach their duty and a child is sexually abused, they are liable for the victim’s monetary and emotional losses.

As a sexual abuse victim in the foster care system, you may be entitled to various forms of compensation, including:

• Medical expenses for physical injuries
• Cost of mental health counseling
• Emotional distress
• Lost wages or lost earning capacity
• Legal fees
• Punitive damages

Most people are unaware of punitive damages, as they don’t apply to the majority of personal injury lawsuits. Essentially, punitive damages are extra payments that the defendant is ordered to pay as a form of punishment. They’re only awarded in cases of extreme negligence, which sadly applies to a lot of cases involving sexually abused foster children. Our lawyers can explain punitive damages and the other compensation types in more detail and verify which ones apply to your situation.
Our Recent Verdicts and Settlements

California’s Mandated Reporting Laws

Foster children can be failed by many people who are legally obligated to report incidents of abuse. These people, referred to as “mandated reporters,” include:

• Teachers
• Instructional aides
• Any public school employee
• Social workers
• Day care facility employees
• Day camp staff members
• Social workers
• Residential / group home employees
• Youth program directors and employees
• Board of education employees
• Public assistance workers
• Doctors
• Licensed therapists
• Police officers

This is not a complete list, but we’ve attempted to include individuals that foster children are likely to come in contact with. Mandated reporters must report cases of sexual assault within 36 hours of learning about the incident. It’s important to note that abuse cases do not have to be proven in order to be reported. Mandated reporters are supposed to receive training to help them recognize the signs of sexual abuse. So if they suspect that a foster child is being sexually abused, they must report their suspicions to the proper authorities.

Under California’s failure to report laws, mandated reporters can be charged with a criminal offense for not reporting a case of foster care sexual abuse. If they are found guilty, they may be fined up to $1,000 and sentenced to 6 months in jail. If their failure to report resulted in death or severe physical injuries, their punishment is elevated to a fine of up to $5000 and up to 1 year in prison.

How to Report Rape in Foster Care Homes or Facilities

If you suspect that a foster child is being raped or molested, call the police right away. You should also contact your county Children’s Protective Services (CPS) through their 24 hour emergency response number. Even if you are not a mandated reporter, any adult that suspects a case of abuse should report the incident to CPS and law enforcement. Doing so can save a child’s life or remove them from a home where they are being abused or neglected.

Some people choose to stay silent because they’re afraid of retaliation from the abuser. However, your identity cannot be revealed under California’s reporting laws. So there is no risk in calling the authorities if you believe that a foster child is being mistreated.

California Laws for Childhood Sexual Abuse Survivors

Some foster care sex abuse cases are filed by parents or other family members of child victims. But most of them are filed by adults, who are survivors of childhood sexual abuse. California is one of the most generous states when it comes to child sexual assault cases. In 2019, Assembly Bill 218 was signed into law, which allowed victims up to the age of 40 to seek monetary damages for childhood sexual abuse. Victims also have up to 5 years from the discovery of their assault to file a lawsuit for foster care sexual abuse.

Another important change is the 3-year look back window for survivors who were previously barred from suing due to the statute of limitations. These individuals have until December 31, 2022 to pursue litigation, so please talk to a lawyer right away if you are one of these victims. Plaintiffs, by the way, may be awarded treble damages if the responsible parties concealed or falsified incidents of sexual abuse. That means victims can win three times the amount they would normally receive in a successful lawsuit.

Survivors of foster care sexual abuse have more support than ever, but there is a limited amount of time in which to file a lawsuit. Don’t miss out on the legal remedies that are available to you. Contact our office and get started on a claim for compensation.

Average Value of a Foster Care Sexual Abuse Lawsuit
It’s not possible to give an “average” value that applies to foster care sexual assault cases in general. But we can say that the majority of settlements in recent years are in the 6 to 7 figure range. To give you a better idea, take a look at the following cases:

• $9 million for 6 siblings in Washington who were sexually and physically abused by their foster parents until one of them was able to escape and get help.
• $11 million for a Pennsylvania girl who was placed with foster parents that had a history of abuse. She suffered various forms of physical and sexual abuse due to the agency’s negligence.
• $1.3 million for a child in Oregon who was placed with a man that was caught watching child porn during the screening process.
• $5 million for a boy in Florida who was repeatedly raped by a foster child that was placed in his home. The agency knew about the foster child’s history of sexual violence, but didn’t tell his foster parents.
• $19.5 million for multiple foster children in Illinois. The foster mother allowed a man to come into the house and sexually abuse a child. Had the foster agency monitored the kids and paid attention to warning signs, they could have prevented the abuse.
• $2.6 million for plaintiff A.H., who was placed in 2 homes where the parents had known histories of sexual violence. The boy endured sexual and physical abuse for over 10 years.

The abuse these kids were put through is horrific, and there’s frankly no amount of money that can undo the harm they’ve suffered. While these cases have high values, most of these victims will need life-long medical and psychiatric care. Their mental scars may affect their ability to find work or have meaningful relationships with other people. These settlements reflect their future losses, as well as their current pain and suffering.

Your case, however, will have its own value based on the damages you’ve suffered as a child in the foster care system. If you’d like to learn what you can recover from a lawsuit, give us a call and speak with a foster care sexual abuse lawsuit attorney.

How Long does it take to Settle These Cases?

The amount of time it will take to settle your lawsuit depends on numerous factors, but much of it has to do with other side’s willingness to admit responsibility. Many of these cases involve multiple defendants such as the foster care agency, a group home, and the state agency that manages the foster care program. In our experience, we’ve found that many of these entities are willing to settle as they want to avoid negative press, which has been increasing in recent years. The hard part is negotiating a fair settlement for the victim. As you saw in the above section, these cases net high amounts of compensation, and the at-fault parties will fight hard to pay as little as possible. Hopefully, we can agree on the numbers within the first 6 months of your injury claim so that you can receive your funds and move forward with your life.

In reality, many of these victims are forced to file a lawsuit and prepare to argue their case in front of a judge and jury. Most likely, we will settle your case through mediation and avoid the stress of going to court. But it can take quite a while to get a mediation date in California, so 6 months to a year may go by before your case is settled in this manner. If mediation is unsuccessful, we will ask for a court date and prepare for a trial. In that case, it may take several years before you are compensated by the jury’s verdict.

We know this is hard to hear when you want to put this horrible episode behind you. The good news is, more and more cases of foster case abuse are being settled without court intervention. Large settlements, like the $11 million awarded to one girl in Pennsylvania have had a sobering effect on state agencies. So there’s a good chance your case will be settled through private negotiations. If not, we’re prepared to fight for you as long as it takes. Our goal is to bring you a sense of justice while ensuring that you are fairly compensated for your suffering.

Lawyers that can Help

The foster care system is meant to help society’s most vulnerable children. Sadly, most placement agencies and state departments fail to take basic measures to ensure a child’s safety. Such negligence can result in children being placed in homes where they are sexually abused. These victims deserve the highest quality representation in a lawsuit for monetary compensation. Furthermore, they should never pay for legal services when someone else is responsible for their physical and mental injuries.

When you choose Normandie, you will never pay upfront for the work that’s involved with your case. Our fees are paid by the party you’re suing, and that’s only if we win your case. If we lose, we eat the costs because the only way we get paid is if you get paid. So you can rest assured that there is no risk in giving us a call and scheduling a free consultation.

Our lawyers look forward to representing you and recovering the settlement you’re entitled to.

Other Pages on Our Website Related to This Topic
Sexual Abuse in After School Programs Lawsuit Attorney
WINGS for Kids – Sexual Assault, Rape, Molestation Abuse Lawyer
After-School All-Stars – Sexual Assault, Rape, Molestation Abuse Lawyer