When the foster care system fails to protect a child from sexual abuse, our legal team is ready to seek justice. Foster care is meant to provide a safe haven, but all too often, vulnerable children suffer sexual abuse in the very homes intended to shelter them.
If your child or a child you know was sexually abused in foster care, one of our experienced attorneys can help hold the abuser and the negligent agency accountable by filing a civil lawsuit to seek the compensation needed for these children to heal and feel safe again.
Standing Up for Foster Care Abuse Survivors
Survivors of foster care sexual abuse deserve justice, support, and a voice to represent their rights. A good foster care sexual abuse attorney combines their specialized legal skill with honest compassion to fight for those who were harmed while in the state’s care.
Our attorneys understand the unique challenges of taking on foster agencies and the government entities that run them. Filing a personal injury claim against a government agency is very different from filing against another private party or person.
However, at lawsuit legal news, we work to ensure that no child’s plea for help goes ignored and that those responsible are held accountable and brought to justice. Crucially, they empower survivors and families to take action, knowing they don’t have to face this battle alone.
Why Experienced Representation Matters in Foster Care Abuse Cases
Not all personal injury lawyers have the background needed to take on the foster care system and foster abuse cases. It’s important to choose a law firm or attorney who specializes in sexual abuse with specific experience in child welfare and actual trials.
Experienced foster care abuse lawyers have:
- Extensive Child Welfare Knowledge: They understand foster care regulations, reporting requirements, and the tactics these agencies use to shield themselves from liability. This understanding helps build a strong case even when the system tries to cover up its wrongdoing.
- Proven Track Record: Firms that focus on child abuse cases should have decades of experience winning difficult cases and securing justice for victims. Lawsuit legal news and its network of law firms have recovered millions of dollars for injured victims, families of wrongful death victims, and survivors of abuse and assault, including significant verdicts and settlements against some of the biggest corporations in the world, including the U.S. government, massive churches, Johnson & Johnson, Nestlé, Bayer, Uber, Meta, among many others.
- Resources & Expert Team: Our experienced firms have investigators, expert witnesses (such as child psychologists and former social workers), and legal strategists ready to tackle complex sexual abuse cases like yours. Our attorneys and networks can find hidden evidence, provide sociological and scientific evidence, and navigate the bureaucratic foster care systems.
- Compassion and Sensitivity: Perhaps most importantly, our specialized attorneys handle these types of cases with compassion, care, and discretion. We create a safe environment for survivors to share their story, and we always prioritize the child’s well-being and privacy throughout the legal process.
Common Forms of Sexual Abuse in Foster Care
Foster children may experience many of the same forms of sexual abuse seen in other settings like churches and schools.. In foster care situations, abuse can be perpetrated by foster parents, other family members or friends in the home, other foster kids, or even the foster care staff and volunteers.
Common forms of sexual abuse in foster care include:
- Inappropriate Touching or Fondling
- Exposure to Sexual Content
- Sexual Exploitation & Trafficking
- Verbal Sexual Harassment
- Rape or Attempted Rape
- Forced Sexual Acts with Others
- Child Prostitution
It’s important to remember that foster youth lack a stable support system or family to protect them, so they are vulnerable to the heinous acts and abuses listed above.
That’s why these acts are so heinous, and they deserve serious justice. These kids did not ask to be abandoned or taken from their families; they have no other place to go or choices to make. This is their reality, and they deserve to be safe and comfortable during this hopefully temporary time.
Unfortunately, foster children are not the only vulnerable youth subjected to sexual abuse by trusted adults. Similar patterns of exploitation have been documented in religious institutions such as the Catholic Church sexual abuse cases and the LDS Church (Mormon) sexual abuse claim, where predators used positions of trust to access and harm children.
Every form of sexual abuse is devastating. Regardless of how the abuse occurred or who the abuser was, survivors have legal options to hold the perpetrators and any institutions that enable these crimes accountable.
Lawsuit Legal News is equipped to handle cases involving any of the above forms of abuse and is ready to help guide you during a free consultation.
Warning Signs of Foster Care Sexual Abuse
Spotting the signs of sexual abuse in a foster home can quite literally save a child’s life. Many children don’t or can’t speak up directly. Fear, confusion, shame, or threats from the abuser often keep them silent. That’s why it’s critical that the adults around them—foster parents, teachers, caseworkers, doctors—stay alert and take any red flags seriously.
Here are some common signs to watch for:
- Sudden Behavioral Changes: A child who was once social or easygoing may become withdrawn, angry, anxious, or suddenly fearful, especially around certain people, places, or routines. Young kids might regress, returning to behaviors like bed-wetting or thumb-sucking.
- Sexualized Language or Behavior: If a child is using explicit language, showing knowledge of sexual acts well beyond their age, or imitating sexual behavior during play, it’s a strong sign that something is wrong.
- Avoidance and Fear: If the child resists going home, avoids being alone with certain adults, or develops unexplained fears (like bathing, bedtime, or being touched), those behaviors shouldn’t be brushed off.
- Unexplained Physical Symptoms: Bruising in sensitive areas, trouble walking or sitting, frequent urinary tract infections, or stained undergarments are physical warning signs that warrant immediate attention.
- Changes in Mood or School Performance: Abuse can show up as depression, low self-worth, nightmares, or even self-harm. In school, you might notice slipping grades, zoning out, or acting out. Some kids express trauma in their artwork or writing, drawing disturbing images, or sharing pieces of what happened to them in other indirect ways.
- Unusual Attachment or Secretive Behavior: You may see extremes: the child becomes overly clingy or unusually affectionate with adults they just met, or they grow secretive and closed off. Both can be signs of trauma and an attempt to cope.
If you notice more than one of these signs, don’t second-guess yourself; trust your instincts. These behaviors might not prove abuse on their own, but they always deserve follow-up. The earlier a concern is addressed, the safer that child will be in the long run. Foster care abuse attorneys often work closely with child psychologists, medical professionals, and investigators to help assess these situations and guide families toward the right next steps.
Reporting Foster Care Abuse (Mandatory Reporting and Next Steps)
Act immediately if you suspect a foster child is being sexually abused. The first step is always to ensure the child’s safety and to report the abuse to the proper authorities.
Every state has mandatory reporting laws that require certain professionals and other adults who deal with children on a regular basis to report any suspicion of child abuse to law enforcement or whichever agency is responsible for handling these cases in your state.
In Florida, the Department of Children and Families (DCF) handles the foster care cases and reports of any abuse. You can report to DCF using their simple online portal or by calling 1-800-962-2873
Key points on reporting foster care abuse include:
- Who Must Report: Teachers, doctors, therapists, social workers, police officers, and foster parents are usually mandated reporters, which means they are legally obligated to report any suspicion of child abuse or neglect. However, anyone can report even a suspicion of abuse against a child. Do not get hung up on whether you need proof (you don’t) or what might happen if you’re wrong. It’s better to prevent an innocent child with a life that is already hard enough from being mentally and physically abused and tortured than to do nothing at all.
- How to Report: Reports can typically be made to the state’s child abuse hotline, local Child Protective Services (CPS) agency, or just by calling 911 or the non-emergency police number. A quick internet search will bring up the right phone number for where you live.
- What Happens After Reporting: After you make a report, law enforcement will investigate. Reporting is a critical first step since it triggers the system’s duty to protect the child. In some cases, action is taken immediately. However, as many survivors have unfortunately learned, these systems are often far too underfunded, like any program that is meant to protect or care for Americans, and reporting doesn’t always lead to swift action. Sometimes, reports get “lost” or backed up. Follow up if you can; the squeaky wheel gets the grease, so to speak.
- Document Everything: If you’re a foster parent or caregiver reporting abuse (for instance, abuse that occurred in a previous foster placement), keep records of as much as you can. Save emails, notes, dates, times of calls, and the names of people you speak with. This evidence can be crucial later, especially if the agency fails to act and you need to pursue legal action.
- Legal Consequences for Failing to Report: Agencies or individuals who are mandatory reporters and fail to do so or dismiss signs of abuse can face consequences, such as a misdemeanor charge. If the foster care agency ignored clear signs or didn’t bother to follow up on reports of abuse, that negligence can become evidence in a civil lawsuit. For example, if social workers missed or ignored signs of abuse and allowed it to continue, they and their supervisors may be liable. This is where a foster care abuse lawyer comes in.
How Common Is Foster Care Sexual Abuse?
Sexual abuse in foster care systems is a widespread and underreported crisis. Vulnerable children placed in foster homes often come from traumatic backgrounds, which can unfortunately make them targets for predators. While it’s hard to know the full scope of the problem since so many incidents go unreported, studies and audits have revealed alarming statistics:
- Higher Risk than the General Population: A study from Johns Hopkins found that children in foster care are 4 times more likely to be sexually abused than children in the general population.
- Group Homes Pose Greater Danger: Children placed in group homes (institutional or residential foster care settings) are 28 times more likely to suffer sexual abuse than their peers in the general population. These environments often have multiple caregivers and older youth living together, which can increase opportunities for abuse if oversight is poor, according to a paper by Juvenile Justice Information Exchange.
- Prevalence of Foster Parent Abuse: In a study from Oregon and Washington State, nearly 1 in 3 foster children reported being abused by a foster parent or another adult in their foster home. This astonishing figure shows that abuse is not an isolated incident but a systemic problem affecting a significant portion of foster youth.
- Thousands of Victims Each Year: With approximately 400,000 to 600,000 children in U.S. foster care depending on the year, even a small percentage experiencing abuse means thousands of children are victimized while in care each year. Advocates warn that official numbers likely undercount the actual rate, as many children fear reporting abuse or aren’t believed when they do.
- Lack of Transparency and Accountability: The foster care system, run by state agencies and private contractors, often lacks transparency in abuse reporting. Investigations into abuse allegations may be swept under the rug to avoid liability. This systemic reluctance to acknowledge the problem contributes to its persistence.
These statistics underscore that foster care sexual abuse is not rare – it’s a crisis. But unfortunately, these staggering rates of abuse aren’t unique to foster care.
Sadly, children have been failed by many trusted systems. High-profile cases of clergy sexual abuse in religious organizations, widespread institutional sexual abuse, like juvenile detention centers, and even devastating reports of sexual abuse in school settings show that vulnerable youth are often preyed upon where they should be safest.
Sadly, this betrayal of trust extends beyond religious, educational, and institutional settings—and even beyond just children.
Even medical offices, where patients should feel safest, have seen horrifying acts, like sexual abuse by OBGYNs, including former doctors Derek Todd and Barry Brock. These cases show that when institutions prioritize protecting their reputations over protecting vulnerable individuals, the consequences can be devastating. Foster care agencies are no different when they fail to act.
The common thread across all of these settings is the same: institutions that are supposed to protect children and other vulnerable members of our society, like women, instead have allowed predators to access them in a way that enables sexual abuse either through negligence, denial, or outright cover-ups.
All of this makes it so clear why we need civil lawsuits filed against these agencies by groups and law firms, like Lawsuit Legal News, Dolman Law Group, and all the other law firms we work with who are willing to hold institutions, organizations, and individuals accountable for their illegal and harmful actions.
Who Can Be Held Liable for Foster Care Sexual Abuse?
When a child is sexually abused in foster care, there are usually multiple layers of responsibility. The obvious wrongdoer is the perpetrator of the abuse, whether that’s the foster parent, a member of the foster family, another foster child, or an outside individual who had access to the home. However, civil legal action often focuses on the institutions and agencies that allowed the abuse to happen (or continue). Potentially liable parties in a foster care abuse case include:
- Foster Parents or Caregivers
- Foster Care Agency or Placement Agency
- Social Workers and Caseworkers
- State or County Child Welfare Departments
Can I file a lawsuit as an adult if I was abused in foster care as a child?
Yes, an adult can typically file a civil lawsuit for abuse they suffered as a child in foster care. Victims of childhood sexual abuse (and those who are sexually abused as adults) often delay disclosing their trauma because of shame, fear they won’t be believed, and a reluctance to relive the trauma, among many other reasons.
Because of this, it’s common for survivors to come forward years later, even as adults.
Unfortunately, most states had strict statutes of limitations that prevented survivors from filing a claim once a specific deadline passed. Foster care abuse victims were often denied justice because these legal deadlines expired before they were ready to speak up.
This has been changing in recent years as most states have reformed their civil laws to give sexual abuse survivors more time to file civil lawsuits. Here are some of the different ways that states have used to give foster care abuse victims and other SA victims more time to file:
Extended Deadlines
Many states now allow child and foster care sexual abuse survivors to file a civil claim until they reach a certain age (usually 21 to 30+ years old). Some states calculate the deadline as a number of years after the survivor turns 18 or after the abuse is discovered in adulthood. The key is that the clock doesn’t start running at the time of abuse (since the victim was a child).
Lookback Windows
Some states have enacted special legislation that creates a temporary window for victims to file a claim even if the normal statute of limitations has passed. Two of the most common examples are the New York Child Victims Act (CVA) and California Child Victims Act (AB 218), which opened up a period of time for adult survivors to be able to sue over childhood sexual abuse, no matter how long ago it occurred. These laws led to hundreds of new lawsuits filed by people who were abused in foster care, scout troops, churches, etc, but were not ready to face the issue before the statute of limitations ran out.
Below is a complete list of states, including their SOL, lookback windows, and other laws.
Delayed Discovery Rule
In many jurisdictions, the clock on the statute of limitations may not begin until the survivor reasonably discovers the harm or connects their trauma to the abuse. This is important because many children who are abused in foster care or other scenarios do not recognize the harm that was caused, don’t realize the harm that was caused until later, or don’t know that they can do anything about what happened them, especially because fostercare children often do not trust any government system.
Types of Claims
The ability for an adult to file a lawsuit over something that happened to them while they were a child depends on what exactly happened to them, as well. A survivor might be able to file claims for sexual abuse, negligence, negligent supervision, failure to protect, or emotional distress against individuals, foster parents, social service agencies, or government entities, depending on the state where the abuse happened.
Foster Care Specific Rules
In some jurisdictions, when a foster child is abused and the government is a defendant (like a state agency), there may be additional procedural requirements, such as filing a notice of claim within a shorter time frame. It’s crucial to consult an attorney ASAP so they can ensure all such requirements are met and deadlines are tolled (paused) if possible.
State-Specific Laws
Laws vary widely by state, so whether an adult can file a claim after being abused as a child depends heavily on where the abuse occurred and the statute of limitations for that state. Here is a breakdown of each state, including its SOL and any notes about whether any of the previously mentioned laws are affected in that state or if that specific state has eliminated them:
| State-Specific Laws Regarding Filing a Childhood Abuse Claim as an Adult | ||
|---|---|---|
| State | Statute of Limitations | Notes |
| Alabama | Until age 19 (age of majority) | May be tolled if abuse is not discovered until later. |
| Alaska | Until age 20, or 3 years from discovery | Discovery rule may apply. |
| Arizona | Until age 20, or 2 years from discovery | Discovery rule applies. |
| Arkansas | Until age 21, or 3 years from discovery | Discovery rule applies. |
| California | Until age 40, or 5 years from discovery | Lookback window expired in 2023. |
| Colorado | Until age 24, or 6 years from discovery | Discovery rule applies. |
| Connecticut | Until age 48, or 30 years from discovery | Extended SOL for child sexual abuse. |
| Delaware | No SOL for child sexual abuse | Eliminated in 2007. |
| Florida | Until age 26, or 4 years from discovery | Discovery rule applies. |
| Georgia | Until age 23, or 2 years from discovery | Discovery rule applies. |
| Hawaii | No SOL for child sexual abuse | Eliminated in 2020. |
| Idaho | Until age 20, or 5 years from discovery | Discovery rule applies. |
| Illinois | No SOL for child sexual abuse | Eliminated in 2017. |
| Indiana | Until age 31, or 5 years from discovery | Discovery rule applies. |
| Iowa | Until age 33, or 4 years from discovery | Discovery rule applies. |
| Kansas | Until age 21, or 3 years from discovery | Discovery rule applies. |
| Kentucky | Until age 20, or 5 years from discovery | Discovery rule applies. |
| Louisiana | Until age 28, or 3 years from discovery | Discovery rule applies. |
| Maine | No SOL for child sexual abuse | Eliminated in 2000. |
| Maryland | Until age 38, or 3 years from discovery | Discovery rule applies. |
| Massachusetts | Until age 35, or 3 years from discovery | Discovery rule applies. |
| Michigan | Until age 28, or 3 years from discovery | Discovery rule applies. |
| Minnesota | No SOL for child sexual abuse | Eliminated in 2013. |
| Mississippi | Until age 21, or 3 years from discovery | Discovery rule applies. |
| Missouri | Until age 31, or 3 years from discovery | Discovery rule applies. |
| Montana | Until age 27, or 3 years from discovery | Discovery rule applies. |
| Nebraska | Until age 33, or 3 years from discovery | Discovery rule applies. |
| Nevada | Until age 28, or 10 years from discovery | Discovery rule applies. |
| New Hampshire | Until age 30, or 3 years from discovery | Discovery rule applies. |
| New Jersey | No SOL for child sexual abuse | Eliminated in 2019. |
| New Mexico | Until age 24, or 3 years from discovery | Discovery rule applies. |
| New York | Until age 55, or 5 years from discovery | Lookback window expired in 2021. |
| North Carolina | Until age 28, or 2 years from discovery | Discovery rule applies. |
| North Dakota | Until age 22, or 10 years from discovery | Discovery rule applies. |
| Ohio | Until age 30, or 12 years from discovery | Discovery rule applies. |
| Oklahoma | Until age 20, or 2 years from discovery | Discovery rule applies. |
| Oregon | Until age 40, or 5 years from discovery | Discovery rule applies. |
| Pennsylvania | Until age 50, or 12 years from discovery | Discovery rule applies. |
| Rhode Island | Until age 25, or 7 years from discovery | Discovery rule applies. |
| South Carolina | Until age 27, or 3 years from discovery | Discovery rule applies. |
| South Dakota | Until age 40, or 3 years from discovery | Discovery rule applies. |
| Tennessee | Until age 21, or 3 years from discovery | Discovery rule applies. |
| Texas | Until age 33, or 15 years from discovery | Discovery rule applies. |
| Utah | Until age 22, or 4 years from discovery | Discovery rule applies. |
| Vermont | No SOL for child sexual abuse | Eliminated in 2019. |
| Virginia | Until age 20, or 2 years from discovery | Discovery rule applies. |
| Washington | Until age 21, or 3 years from discovery | Discovery rule applies. |
| West Virginia | Until age 22, or 4 years from discovery | Discovery rule applies. |
| Wisconsin | Until age 35, or 3 years from discovery | Discovery rule applies. |
| Wyoming | Until age 20, or 8 years from discovery | Discovery rule applies. |
Don’t Wait to Seek Legal Advice
Even with new laws giving survivors more time, it’s not a free pass to wait. Some states, like North Carolina, have already closed their Lookback Windows. There, you can only file until age 28 or within two years of discovering the abuse. It’s always better to act sooner. Evidence disappears, memories fade, and witnesses can be harder to find. We can help you figure out the deadlines based on your state’s laws and make sure you don’t miss your chance to file. The rules can be confusing, but we stay on top of the latest changes so you don’t have to.
If you or your loved one suffered abuse in the foster care system, do not assume it’s too late. Check with a qualified attorney about the current laws in your state. Lawsuit Legal News can help; contact us here.
Damages and Compensation for Foster Care Abuse Victims
Filing a civil lawsuit isn’t just about blame—it’s about getting justice and real support for survivors. These cases can help cover the costs of recovery and hold the system accountable.
Pain and Suffering: Monetary compensation for the physical pain and emotional suffering the child endured. This is a major component of damages in sexual abuse cases, reflecting the trauma, fear, and long-term psychological impact of abuse.
Emotional Distress and Psychological Treatment: The cost of therapy, counseling, psychiatric care, and any other mental health services needed as a result of the abuse. This can include past treatment expenses and the estimated cost of future counseling or psychiatric care the survivor may require for years to come.
Medical Expenses: If the abuse resulted in physical injuries or health issues (for instance, injuries from a sexual assault, sexually transmitted infections, etc.), the victim can claim the costs of medical treatment. Even if injuries aren’t immediately evident, medical evaluations and ongoing check-ups can be covered.
Future Medical and Care Needs: In catastrophic cases (though rare in sexual abuse, more common if the abuse led to severe injury or trauma), a child might need long-term care or support. Attorneys will account for any future medical or supportive services the survivor may need, potentially for life.
Educational Support: Abuse can derail a child’s education due to emotional difficulties or time missed. In some cases, damages might include costs for special education services, tutoring, or future educational needs that arose because of the abuse’s impact on the child’s learning and development.
Loss of Enjoyment of Life: This is a more intangible type of damage, but courts recognize that severe abuse can rob a child of their childhood and cause a lasting loss of enjoyment of life. Survivors might struggle with trust, intimacy, and normal life experiences well into adulthood. Compensation attempts to acknowledge these personal losses.
Punitive Damages: In cases of egregious misconduct, juries may award punitive damages. These are meant to punish the wrongdoers (for example, a particularly vile foster parent or a willfully negligent foster agency) and deter others from similar conduct. Not every case has punitive damages, and some states cap them or require a high standard of proof, but they can be significant in foster abuse cases where a jury is outraged by systemic failures.
Wrongful Death Damages: Tragically, some foster children die as a result of abuse (including suicide stemming from trauma). In those heartbreaking cases, a wrongful death lawsuit can seek damages for the child’s death, including funeral expenses and the emotional anguish of the surviving family. (This would be brought by the child’s estate or surviving relatives.)
When you work with us, we’ll look at every way the abuse affected the survivor’s life—emotionally, mentally, and physically. With the right experts and legal strategy, we fight for the full resources needed to heal, recover, and make sure the system doesn’t fail again.
How a Foster Care Sexual Abuse Attorney Can Help You
Pursuing a legal case against foster parents or agencies can seem daunting, especially for survivors and families already traumatized by the abuse. This is where a good foster care sexual abuse attorney becomes an invaluable ally. We will take on the heavy lifting of the case and guide you with compassion and expertise.
Here are several key ways we help clients:
- Comprehensive Case Investigation: We conduct a full investigation. We gather documents, interview witnesses, consult experts, and dig into agency files to uncover anything that helps prove what happened.
- Building a Powerful Legal Case: We build a strong legal case. We organize the facts, research the law, and show exactly how the abuse happened and how the system failed.
- Navigating the Legal System: We handle the legal process. Foster care abuse cases often involve special rules for suing government agencies, and we take care of all the filings, deadlines, and court procedures.
- Protecting the Child’s Privacy and Interests: We protect the survivor’s privacy. We can ask the court to use initials or close the courtroom for sensitive testimony, always keeping the child’s best interests at the center.
- Negotiation with Defendants: We negotiate for a fair settlement. We fight to get the survivor a settlement that covers everything they need without letting the other side intimidate us.
- Taking the Case to Trial if Needed: We are ready to go to trial. If the agency refuses to settle fairly, we will take the case to court and fight in front of a jury for the justice the survivor deserves.
- Guidance and Support: We offer guidance and support. We keep you informed, explain the process in plain language, and connect you with resources to help you and your family through it.
As a client, you can take heart that your fight for justice is also helping drive positive change in the foster care system. Your child’s story could spur improved policies, better funding, heightened awareness, and legacies that honor their courage and their suffering by ensuring that foster children get the best protection possible and are treated with the utmost dignity while in foster care.
Testimonials from Real Former Clients
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- “He never made me feel like I was a bother and always made time to answer ALL my questions.” —Review from a real client on Google
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Contact a Foster Care Sexual Abuse Attorney Today
Sexual abuse in foster care is a heartbreaking betrayal, but taking legal action can help your child heal and hold the right people accountable. It’s also a way to spark real change and protect other children from the same harm. We can connect you with experienced, compassionate attorneys who offer free, confidential consultations to review your case and explain your options—no pressure, no obligation.
Your child’s story deserves to be heard. Contact Lawsuit Legal News today by phone or through our secure online form. We’re here to help you take that first step toward justice, healing, and lasting change in the foster care system.