Foster care is challenging enough for children. Unfortunately, in some circumstances, the adults caring for children in the foster care system abuse their position of power and take advantage of those they are trusted to care for. Speaking up and seeking justice for the harmed child not only helps them, but can also prevent other innocent children from experiencing the same abuse in the future.
You deserve a foster care abuse lawyer who understands the mental and physical trauma that comes with sexual abuse.
Approaching each case strategically, our attorneys are cautious not to re-victimize the child. The staff on our team are all trained by mental health professionals regarding how to manage the sensitive nature of these cases.
Children who experience abuse may not talk about it directly out of fear or confusion, but they may exhibit:
- Physical signs of abuse, such as bleeding or bruising in sensitive areas
- Heightened sexuality, such as talking about sex at a young age
- Inappropriate sexual behavior
- Self-harming behaviors
- Nightmares and bedwetting
If you notice signs of abuse, you can save the child from trauma by speaking up and seeking an investigation into the matter. Victims often hide their abuse out of fear or feeling ashamed that they let the abuse occur.
We’re here to give all victims of foster care abuse a voice.
Speak to us by scheduling a free, confidential consultation with one of our attorneys.
National Statistics
Over 400,000 children are in foster care in the United States each year. Foster care can provide a child with a safe environment that allows them to heal from past traumas, but it’s also a system that’s targeted by abusers.
- 8.7 out of 1,000 girls face abuse
- 7.5 out of 1,000 boys face abuse
- 16% of children facing abuse are physically abused
- 10% of children facing abuse are sexually abused
- 50%+ of cases of abuse involve a foster parent
Children in foster care are often at a much higher risk of abuse than children in a traditional home. Consequences of abuse can be long-lasting, leading to higher rates of incarceration, younger pregnancy rates and homelessness.
Turpin Siblings Show the Risk in Foster Care
The “Turpin Siblings” case illustrates the risks that children face while in foster care. The children’s birth parents were arrested in 2018, faced numerous abuse charges, and were ultimately sentenced to life in prison in 2019. Six of the 13 Turpin children were placed in foster care, where foster parents Marcelino and Rosa Olguin went on to victimize those children again. The abuse was emotional, physical and sexual, according to the current lawsuit. The children have named multiple parties as being liable in their case:
- Riverside County, California
- ChildNet Youth and Family Services, the foster agency that placed them in the Olguin’s home
Even after such a high-profile case against their birth parents for abuse, the Turpin children still experienced alleged abuse at the hands of the foster parents.
Establishing Liability in Foster Care Abuse Cases
As your foster care abuse lawyer, we’ll use our decades of experience to help victims hold their perpetrators accountable for their actions. Every case is different, but the liability may fall on many parties who are supposed to protect the child:
- Perpetrators
- Foster care agencies
- Social workers
- State-sponsored child protection agencies
Proving liability will be our responsibility, and it’s not as straightforward as one may assume. For example, the foster care agency has a duty of care to protect children from abuse, but there are instances when proving that the agency engaged in any wrongdoing may not be possible.
If social workers fail to conduct safety checks and in-home checks, this could lead to both the employee(s) and the foster care agency being held liable.
What are My Rights as a Victim?
Victims of foster care sexual abuse may have the right to bring civil claims against their abusers and/or the foster care agency if either party fails to take adequate action to protect the victim and prevent the abuse.
A civil claim allows survivors of abuse to share their stories, seek justice, and be the catalyst for change to prevent future cases of abuse.
Under the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022, there is no longer a statute of limitations for federal charges in childhood sexual abuse cases. However, state statutes will still apply. If you or a loved one is a survivor of foster care abuse, it’s crucial to seek the help of an attorney as soon as possible to pursue your claim and hold the parties responsible accountable.
The Claims Process
Survivors of foster care abuse can file a civil lawsuit against the abuser and, in some cases, the foster care agency. Proving that a foster care agency was negligent can be challenging but certainly not impossible.
A foster care agency may be deemed negligent if they:
- Failed to adequately supervise the victim’s placement in the foster home
- Failed to conduct a sufficient background check on the foster parent(s)
- Failed to take action after becoming aware of a violation
- Failed to follow up on an abuse complaint
If the foster care agency fails in its duty, it can be held liable. The first step is to understand the details of your case and gather evidence to determine who is responsible, both directly or indirectly.
The experienced foster care sexual abuse lawyers at Cohen & Malad, LLP can help you navigate the claims process and ensure your rights are protected.
What Damages Can You Seek in a Foster Care Abuse Case?
Childhood sexual abuse carries significant costs, both economic and non-economic. Survivors of foster care abuse often:
- Require long-term mental health treatment
- Experience a loss in quality of life
- Suffer anxiety, depression, or PTSD
The emotional trauma of abuse can manifest as physical symptoms later in life.
If you or someone you know is a victim of foster care abuse, an experienced foster care abuse lawyer can help you pursue a number of damages, including:
- Medical expenses
- The cost of future therapy sessions to heal from the trauma
- Lost wages or loss of potential future wages
- Pain and suffering
- Emotional distress
No amount of money can make up for the trauma that results from foster care abuse. However, pursuing a claim can hold responsible parties accountable and help stop the abuse.
Resources for Survivors
- Indiana Coalition to End Sexual Assault & Human Trafficking
- RAINN
- Take Back The Night
- Assist Indiana – Serving Survivors of Violence
- The National Child Traumatic Stress Network
- The Julian Center
- Victim Support Services from Indiana Criminal Justice Institute
How a Foster Care Abuse Lawyer Can Help
When children suffer abuse in a foster care home, an experienced lawyer can serve as their voice and fight on their behalf to hold guilty parties accountable.
Abuse can have lifelong effects. It is critical to work with a lawyer who understands what you’re going through.
The Cohen & Malad, LLP law firm has more than 55 years of experience. We advocate fiercely for our clients in their most difficult times. Our lawyers are trained by mental health professionals to ensure survivors of abuse are not re-victimized when telling their stories.
Contact us today to schedule a free, confidential, and no-obligation consultation.
