The foster care system provides temporary living situations for children that are being abused or neglected by their parents. Ideally, children are placed in safe, loving homes while the parents are given a chance to work through their issues and become better caretakers. In reality, there are not enough homes to accommodate the staggering volume of children in our nation’s foster care system. As a result, many of them end up in group facilities that are managed by state and county agencies.
Sadly, incidents of physical, emotional, and sexual abuse are disturbingly common at these places. One tragic case that’s been in the news recently involves MacLaren Hall, which was shut down in 2003 due to a long history of horrific physical and sexual abuse. In June 2022, more victims came forward in a lawsuit against Los Angeles County for failing to protect them from abusive staff members at MacLaren Hall.
In the weeks and months following this lawsuit, we have heard from many people who were physically and emotionally harmed during their time in a foster home or residential facility. The majority of these victims were under the impression that they were unable to take legal action against the foster agency, county agency, and any other parties responsible for their harm and suffering. Due to the press regarding the MacLaren Hall lawsuit, these adult survivors have been calling us to ask:
“How long after I was sexually abused / molested can I file a lawsuit against a foster home?”
The lawyers of Normandie are ready to fight for you and the justice you deserve. We have many years of experience with childhood sex abuse cases and know what it takes to bring you the damages you are entitled to. For more information on your rights as a survivor of foster care sexual abuse, contact our office to schedule a free case review.
Statute of Limitations under California Law
In California, as in all other states, civil lawsuits are subject to a statute of limitations, or a specific amount of time in which to pursue a compensation claim. This includes cases of child sexual abuse, like molestation, rape, trafficking, etc., while you were in the foster care system. If you miss the statutory deadline, it will be difficult to proceed with a lawsuit, as the courts are very strict on this issue. Thus, we urge you to seek advice right away by calling our office. We can ensure that your claim is filed on time according to California’s SOL for childhood sexual abuse cases.
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How long do I have to File a Foster Care Sexual Abuse Lawsuit?
In the last few years, there have been numerous developments in the statute of limitations for sexual abuse claims involving minors. Before 2019, adult survivors of childhood sexual abuse had 8 years to file a lawsuit after they turned 18, or 3 years after discovery of an injury associated with the abuse.
Fortunately, those laws were changed with the passing of Assembly Bill 218 (AB-218), which extends the SOL for childhood sexual abuse lawsuits significantly. Under this law, a personal injury or class action lawsuit for foster care sex abuse can be filed:
- Up the age of 40, or 22 years after the victim reaches the age of majority.
- Within 5 years after discovering the harm you suffered from being abused in a foster care facility or foster home.
Some victims may be over the age of 40, or more than 5 years have gone by since the date of discovery. If you were previously barred from filing a claim as of January 1, 2020, you may still qualify for a lawsuit under AB-218’s three-year look back window. However, this window expires on December 31, 2022, so you must speak to a lawyer right away to see what your legal options are.
Can I Sue the Placement Agency for Sexual Abuse while I was in Foster Care?
This is an important question to address when it comes to the foster care system, since there are so many individuals and organizations that may be liable for a case of child abuse. Of course, the group home where the child was harmed is responsible if they were told about the abuse and failed to take the necessary actions. But what about the county or state agencies that manage these facilities? Can they also be sued for the victim’s physical and emotional injuries?
Yes, you may have a claim against these entities as well, depending on what they did or failed to do in order to protect you from a sexual predator. In L.A. County, for example, the foster care system is run by the Department of Children and Family Services, in conjunction with the state’s FFA (Foster Family Agencies) program. Essentially, FFAs are private agencies that are licensed by the state of California to place children in foster homes and other temporary living situations. These agencies can also play a part in sexual abuse incidents within the foster care system.
We know this is a lot to process, but rest assured that our attorneys are here for you. We will go after every entity that’s responsible in your case and fight to recover maximum payment for your injuries.
Average Value for a Foster Care Home Sexual Abuse Case
In order to approximate a value for abuse in the foster care system, we have to consider the types of damages that a victim is eligible to receive. Generally, a foster care sex abuse lawsuit can include:
- Medical expenses for physical injuries
- Cost of counseling and related mental health services
- Lost wages or loss of earning capacity
- Pain and suffering
- Attorney’s fees
- Punitive damages
As you can imagine, the degree of losses in each of categories can be significant, especially for emotional damages like pain and suffering. When you consider all the relevant factors, a foster home sexual abuse case may be worth in excess of $1 million, even several million dollars if there is gross negligence (deliberate cover up of the abuse, for ex.) by an organization, like the LA County Department of Children and Family Services.
How long will it take to Settle my Case?
From start to finish, cases involving abuse in foster homes can take several months to a few years to resolve. The timeline of a case depends on many factors, like the type of legal action you are taking (class action versus individual lawsuit) and the other’s side reluctance to accept liability for your injuries. Sometimes, these agencies are eager to avoid bad press and will work quickly with the victim to agree on a fair settlement. Other times, they will dig in their heels and force the victim to seek their damages through a trial.
We will do our best to obtain your settlement in 6 to 8 months of submitting your claim. But negotiating a settlement can be a long process when state and county agencies are involved. Realistically, 12 or 18 months can go by before you receive your payment. If the settlement process with the defendant is unsuccessful, it may take a trial to resolve your case, though this is very rare. But we want to be honest with you about all the possibilities of what can happen. If court intervention is the only way to recover your damages, the lawsuit process can take 2 years or longer.
Speak to a Foster Care Abuse Lawsuit Attorney
If you are interested in learning about your legal options, including your right to compensation as a sexual abuse victim, call us immediately to speak with one of our attorneys. There is a limited amount of time to file one of these lawsuits, which for some people, may be as early as December 31, 2022.
Our law firm will cover the entire cost of your litigating your case, meaning you pay nothing for any of our services. We will file your paperwork, negotiate your settlement, take your case to trial if necessary, and of course, provide you with advice and encouragement as often as you need it. The only way we get paid is by winning your claim, so please don’t hesitate to take advantage of our Zero fee guarantee.
Contact Normandie Law Firm and speak with a lawyer specializing in foster home sexual abuse cases.
Other Pages on Our Website Related to This Topic
How Much Time Do I Have to File a Lawsuit for MacLaren Hall Sexual Abuse
How Much Can I Receive Maclaren hall
Statute of Limitation – How Long Do I Have to File a Lawsuit Against Foster Care in California for Abuse Attorney
