If children are placed in foster care and forced to live in a foster home by the state, and they are sexually abused while in foster care, they can sue the state for negligently failing to protect them. Foster care sex abuse lawsuits are now being filed across the country. On this page, our national sex abuse lawyers will look at the basics of foster care sexual abuse lawsuits and their potential settlement payout value.
Foster Care Lawsuit Updates
Foster care sex abuse lawsuits are getting a great deal of attention in 2025. Here is the latest news in these lawsuits:
January 13, 2025: New Lawsuit Filed in Los Angeles
In a new lawsuit filed on Friday, a Los Angeles County resident has brought claims against the county’s Department of Children and Family Services (DCFS) and other unnamed entities, alleging that he was sexually abused while placed in a foster care facility as a minor. The plaintiff, identified as John Doe K.W., asserts that the abuse occurred during his time under the care and custody of the defendants and was perpetrated by staff members, volunteers, and others connected to the facility.
The lawsuit alleges that the defendants failed to properly screen, hire, train, and supervise individuals responsible for the care of children in the foster system, leading to unfit persons being placed in positions of trust. According to the complaint, the defendants also ignored or inadequately responded to reports of abuse within the facility, allowing the conduct to continue unchecked. The plaintiff claims that these systemic failures directly facilitated the abuse he endured and caused him severe emotional, psychological, and physical harm.
The plaintiff further accuses the defendants of breaching their mandatory duties to protect children in their custody and alleges negligence and intentional infliction of emotional distress. He seeks compensatory and punitive damages, as well as attorney’s fees, under California law, including statutes specifically addressing childhood sexual abuse.
This case underscores allegations of systemic failures in protecting vulnerable children within the foster care system and raises questions about institutional accountability.
January 5, 2025: New Foster Care Lawsuit Filed in Maryland
Attorneys have filed a multimillion-dollar lawsuit against the Maryland Department of Human Services (DHS) and Carroll County Department of Social Services (DSS). The lawsuit alleges that these agencies failed to protect three foster children from years of sexual abuse under the care of a foster parent who is currently serving a 50-year sentence for sexual child abuse.
The suit claims that Maryland DHS and Carroll County DSS were negligent in their vetting and monitoring of the foster parent, despite multiple opportunities to discover the abusive behavior. “We are taking this legal action not only to seek justice for the survivors but also to shine a light on the failures within the Maryland Foster Care System,” said one of the attorneys. “The state has a fundamental duty to protect its most vulnerable citizens; in this case, it failed miserably. We are committed to holding the responsible parties accountable and fighting for the reforms necessary to prevent this from happening to other children.”
The complaint alleges that the children, who entered the foster home at various times between the ages of 7 and 13, were subjected to cruel military-style punishments if they did not comply with the abusive demands of the foster parent and their partner. Further, the lawsuit asserts that the department’s actions directly contributed to the children’s long-term physical, emotional, and psychological injuries.
The legal action also seeks to bring attention to systemic failures within the Maryland Foster Care System. Survivors of child sexual abuse while in the Maryland foster care system are encouraged to come forward to share their truth in a safe and protected environment.
The Child Victims Act (CVA) enables survivors of childhood sexual abuse to seek justice for the unimaginable lifetime toll that such abuse has caused in their lives.
November 1, 2024 – Florida Foster Care Sexual Abuse Lawsuit
Two Central Florida nonprofits, Embrace Families and the Children’s Home Society of Florida, have been sued for alleged negligence in managing the area’s foster care system, leading to the sexual abuse of two young girls in a Sanford foster home. The foster father, Justin Dwayne Johnson Sr., has been convicted of federal charges for producing and possessing child pornography after it was discovered that he had been secretly filming and molesting the girls, ages 6 and 9, as well as other children in his care starting in early 2017.
The lawsuits argue that these organizations failed to adequately protect children from abuse in foster homes they supervised. This oversight failure is part of broader systemic issues highlighted by recent financial audits, which found that Embrace Families had improperly billed the state, although this has since been rectified. The case reveals significant shortcomings in the safeguarding and monitoring protocols within the foster care system, emphasizing the devastating consequences of such failures for the victims.
About Foster Care
In the U.S., states have the authority to remove children from their homes and placed them in foster care where they live in a foster home. The state can place children in foster care for a variety of reasons. If a child’s parents die, go to jail, become disabled, or are otherwise unable to care for their children, the state can step in and remove them to foster care.
The state can also place children in foster care if it is determined that they are not safe in their home because their parents (or guardians) are physically or sexually abusing the children. Foster care can also be an option if the state determines that the children are being severely neglected, such as not being properly fed.
Whatever the reason, when the state exercises its authority to remove children from the custody of their parents or guardians and put them in foster care, the state essentially assumes responsibility for ensuring that the children are safe and protected in their foster home.
Every state government has an agency that is responsible for child welfare and placing children in foster care. These agencies have a duty to ensure the safety of children in foster care. For starters, the agency is supposed to thoroughly vet or screen potential foster care parents (and anyone living in their household). The obvious reason for this is to make sure foster parents or families do not have anyone that is physically or sexually abusive.
The state’s duty to protect foster children does not end after foster families are screened. The state child welfare agency has an obligation to diligently monitor and supervise children in foster care and to look for potential signs of abuse. These are just some of the basic duties state child welfare agencies have.
Sexual Abuse of Children in Foster Care
The sad reality in the U.S. is that children who are placed in foster care are at a much higher risk of being victims of sexual abuse. Studies have found that placing children in foster homes makes them 4 times more likely to be victims of sexual abuse. When children are placed in “group home” foster care facilities (as opposed to traditional family setting foster care) the risk of sexual abuse is even higher.
There are several reasons for these high rates of sexual abuse of children in foster care. For starters, sexual predators often inject themselves into the foster care system, as foster parents or staff at group homes, in order to gain access to victims. Moreover, children in foster care are uniquely vulnerable to sexual abuse.
Another big part of the problem, however, is the total failure and neglect of state child welfare agencies. State child welfare agencies across the country have been found to be grossly negligent when it comes to ensuring the safety of children in foster care. They do a poor job of screening for an identifying sexual predators in the foster system. More significantly, state agencies routinely ignore or fail investigate complaints or signs of abuse.
Victims of Foster Care Sex Abuse Can File Lawsuits and Get Compensation
Anyone who has been the victim of sexual abuse in a foster care setting can file a foster care sex abuse lawsuit and get financial compensation. Victims of foster care sex abuse can sue the state child welfare agency, or third parties such as private foster care agencies who contract with the state, or other companies involved in the foster care system.
Both the state and any private agencies have a legal duty to take reasonable steps to protect children in foster care from sexual abuse. In order to succeed in a foster care sex abuse lawsuit, victims only need to show that the foster care agencies were negligent.
Negligence on the part of the foster care or state welfare agency can come in a variety of forms. The most common negligence claims in foster care sex abuse lawsuits are that the agency ignored or failed to investigate prior complaints about abuse by one of the foster parents (or another person in the foster home).
For example, lets say John is a foster parent. The state child welfare agency has received a number of reports about John that raise red flags and indicate that he may be a sexual predator. The agency does basically nothing to investigate and continues placing foster kids in John’s care. If John sexually abuses one of those foster kids, they could sue the child welfare agency for negligence in a sex abuse lawsuit.
Legal Rights and Options for Victims
Victims of sexual abuse in foster care have specific rights protected under both state and federal law. It is crucial for these individuals and their families to understand these rights to effectively seek justice and compensation. One primary legal right is the entitlement to a safe environment, which when breached, can lead to claims against the responsible parties, such as foster care agencies, foster parents, and other caregivers.
If abuse occurs, victims have several legal options:
- Filing a Civil Lawsuit: Victims can sue for damages caused by the abuse. This includes compensation for medical expenses, pain and suffering, emotional distress, and sometimes punitive damages to punish egregious conduct and deter future abuses.
- Negligence Claims: These claims can be made against foster care agencies or the state if they failed to properly vet, train, or supervise foster parents and staff effectively.
- Intentional Infliction of Emotional Distress: If the conduct of the abuser was particularly outrageous, this legal claim could be applicable.
- Reporting to Authorities: While not a legal remedy in itself, reporting abuse to child protection services or the police is a critical step in protecting the victim and other potential victims from further harm.
Victims should consult with a qualified attorney specializing in child welfare and personal injury to navigate the complexities of the legal system and advocate for their rights effectively.
Foster Care Abuse Settlements and Verdicts
Understanding the potential financial outcomes of foster care sexual abuse lawsuits can provide victims with realistic expectations about the compensation they might receive. Settlements and verdicts in these cases can vary widely based on the specifics of each case, including the severity of the abuse, the age of the victim, and the extent of negligence involved.
Here are some examples of recent settlements and verdicts:
$15,000,000 Settlement (Washington 2024): The plaintiffs were three sisters who were placed in a foster home in Centralia, Washington, where they were sexually abused by the foster provider’s biological children. The plaintiffs contended the defendant, the state of Washington, was negligent in the placement and supervision of them while in foster care, proximately resulting in the sexual abuse they endured. They claimed that the state knew or had reason to know that the children in the foster home were sexually abusive.
$25,000,000 Verdict (New Jersey 2024): The plaintiff was removed from her parents and placed into foster care at age 5. The plaintiff was sexually abused countless times between the ages of 6 and 9 in three foster homes in and around Newark, New Jersey, while under the care, custody, and control of New Jersey’s Division of Youth and Family Services (DYFS). DYFS offered to settle the case for $1.9 million but the plaintiff rejected that and went to trial. This verdict is an example of how emotionally charged juries can come down very hard on the defendants in these cases.
$7,000,000 Settlement (Massachusetts 2023): A group of 4 former foster children alleged that the were sexually abused by a their foster parents in the late 1990s and early 2000s. They brought a sex abuse negligence lawsuit against the Massachusetts child welfare agency claiming that the agency repeatedly ignored warning signs and complaints about the foster parents sexually abusing children. The state paid $7 million to settle the claims.
$485,000,000 Verdict (New Mexico 2023): An 8-year-old girl was placed in a foster care home with a foster parent who had previously been accused of sexual assault. The foster parent repeatedly sexually assaulted the girl while she was at the foster home and she later sued the private contractor (Acadia Healthcare) that operated the foster system for the state. A jury found that the foster care agency was negligent and awarded a staggering $485 million.
$7,800,000 Settlement (California 2022): The lawsuit alleged that the San Bernadino County foster care system failed to protect a child from sexual and physical abuse by placing his older brother in the same foster home despite being aware of his prior abusive behavior. The lawsuit also alleged that social workers from county Child and Family Services did not properly supervise the case and failed to adequately monitor the child’s condition.
$3,500,000 Settlement (Washington 2020): A young woman claimed she was placed in a foster home despite reports of suspected child sexual abuse, and then her foster father sex trafficked her in Washington apple orchards over a 13 year period from age 3 to age 16. The state child services department was allegedly negligent for putting her in the home and then ignoring repeated reports of abuse.
$2,900,000 Settlement (Florida 2019): The Florida Department of Children and Families was sued by 3 former foster care children who claimed that they were sexually abused at a foster home in Nassau County. The abuse was perpetrated by the 2 older children of the foster parents. The older children were apparently known to be sexually aggressive, but the agency continued placing foster kids in the home anyways.
Contact Us About Foster Case Sex Abuse Lawsuits
Our national sexual abuse attorneys represent victims across the country. If you have a foster care sex abuse case, contact us at 800-553-8082 or contact us online.