California Foster Care Sexual Abuse Lawsuits

Compensation for Sexual Abuse in Foster Care and Child Protective Services in California

The foster care system in California is designed to help children find safe and comfortable homes, with the help of Child Protective Services. Unfortunately, systemic failures and abusive individuals can place these foster children in dangerous situations, often leading to sexual abuse. Victims of this type of misconduct can pursue compensation via California foster care sexual abuse lawsuits. However, winning a fair settlement can be a challenging task.

At Injury Lawyer Team, we have the legal expertise and experience to give you the best chance of winning your claim. Our foster care sexual abuse attorneys take a compassionate approach to this sensitive subject, providing survivors with the opportunity to share their stories and hold negligent parties accountable.

Foster Care Abuse Cases in California

Many foster children have been sexually abused in California. Some of these cases have led to lawsuits to hold abusive foster parents, child care centers, and government institutions accountable for failing to protect foster children from abuse.

Let’s look at some recent prominent cases:

Sacramento County Foster Kids Living in Cells for Six Months

For six months, Sacramento County officials housed many children in too small a space, which is a violation of state law. Additionally, the former juvenile detention center did not meet the standards for housing foster kids. The county’s failure to provide safe and comfortable housing was allegedly due to the shortage of homes.

Three Children Abused in a Foster Home Win a $25 Million Settlement

In 2020, Mark Zapata Martinez was sentenced to prison, but a separate lawsuit sought additional justice for the three siblings who were placed in his foster care home. A jury found that Alternative Family Services was mostly at fault for failing to approve and monitor the home where the children were placed.

The police investigated Martinez after one of the sisters told her father that her two sisters were being sexually abused. The alleged abuse occurred during the course of their 70-day stay with Martinez. Although AFS’s mission is to protect vulnerable children, the social services agency failed to keep children safe and out of the home of a sexual predator.

Four Lawsuits Implicate Cover-Ups Involving San Bernardino County Department of Children and Family Services

Multiple lawsuits are attempting to ensure this agency is held liable for covering up instances of sexual abuse in group homes and other foster settings. Legal action has already resulted in two civil settlements totaling over $10 million against this organization for abuse against two grade-school children, with other claims pending.

In one case, 54 children were placed in the home of a serial child molester named Leonardo Rodriguez, even though his foster license had been revoked. Even though the county had notice of children being sexually abused in this home, they covered up the allegations and retaliated against the victims. Several of these lawsuits are still being pursued.

$11 Million Settlement Reached for a Woman Who Was Raped as a Child

One of the highest settlements in California history for a single victim was granted to a woman after the Department of Public Social Services failed to remove her from a home where her mother’s live-in boyfriend repeatedly raped her.

As part of the lawsuit, numerous employees at the Riverside County Children’s Services Division were accused of visiting various homes to investigate foster care abuse, but failing to report suspicious behaviors. Additionally, these employees were accused of closing their investigations prematurely.

What California Laws Protect Children in Foster Care?

If you want to pursue a lawsuit to ensure the negligent parties are held accountable for your suffering, numerous state and federal laws protecting foster children’s rights may influence your case:

• Child Abuse and Neglect Reporting Act (CANRA)– This state law outlines the responsibility of mandated reporters to report suspected child abuse. Foster parents are considered mandated reporters under this law.
• California Welfare & Institutions Code (WIC)– WIC states that foster families are meant to be a temporary solution for children, and that all minors have the right to a safe foster home where they are free from abuse or harassment.
• Child Abuse Prevention and Treatment Act (CAPTA)– This act is a federal law that outlines many of the responsibilities of the states regarding preventative action for sex abuse and other forms of abuse against minors.
• Civil Rights of Institutionalized Persons Act (CRIPA)– This is another federal statute that protects the rights of people in institutional settings, which could include foster group homes and other similar facilities. For example, if a child staying in a foster home is sexually abused, a civil action against the state or relevant agency would be protected under CRIPA.

What Damages Can Sexually Abused Foster Children Recover?

If you experienced foster care abuse as a child, whether it is ongoing or happened decades ago, you could seek compensation for legal damages via a lawsuit. Injury Lawyer Team is prepared to support your claim and build a strong evidence profile to maximize your settlement.

Here are some potential legal damages you can claim with this type of legal action:

Economic Damages

• Lost income – A person who is forced to miss work due to injuries from sexual assault could recover lost wages
• Medical expenses – Costs associated with the victim’s treatment may be reimbursed, including emergency care, surgery, medication, rehabilitation, and therapy
• Diminished earning capacity – A victim of abuse may struggle to find and maintain employment because of their mental or physical health

Non-Economic Damages

• Emotional distress – In many cases, the victim of sexual abuse suffers years of mental health challenges, such as Post-Traumatic Stress Disorder, anxiety, depression, suicidal tendencies, or self-harm
• Pain and suffering – A particularly egregious assault could cause physical injuries that result in ongoing pain for the victim
• Loss of enjoyment of life – A person’s ability to enjoy life to the full may be permanently damaged because of the treatment they encountered as a child

Punitive Damages

• Sometimes, the actions of abusers or institutions are particularly negligent, in which case a judge may award punitive damages to the victim for gross negligence, intentional misconduct, or institutional cover-ups

Who Can Be Held Liable for Child Sexual Abuse in Foster Settings?

A crucial step in the legal process is establishing fault with the defendant. First, you must identify the liable parties in your case, which may involve others beyond the individual perpetrator.

Here are some potentially liable parties that could be responsible for paying legal damages:

• State officials who cover up an institution’s failures
• Child Protective Services for failing to conduct proper background checks for foster families
• Individual social workers who fail to report the signs of abuse
• Parents who are supposed to care for the children who enter their homes
• Siblings in foster environments

How Long Do Victims Have to File Claims After the CA Child Victims Act?

Previously, there was a statute of limitations in California for victims of childhood sex abuse, which set a deadline for when victims could file claims. State law § 340.1 abolished this statute.

However, plaintiffs who are at least 40 years old must include certificates of merit with civil sexual abuse lawsuits in California. These documents must be signed by an attorney and a licensed mental health professional to confirm the meritorious basis for your lawsuit.

How Injury Lawyer Team Can Help

Injury Lawyer Team is committed to helping survivors hold state officials and foster parents accountable for sexual abuse and neglect. We know what it takes to win these cases, as evidenced by our 98% success rate with past survivors.

Our legal services include:

• Investigating the incident
• Speaking to witnesses
• Gathering evidence of damages
• Negotiating for fair compensation
• Litigating in civil court if necessary

We work on a contingency fee basis, meaning you pay nothing for our services unless we secure a settlement. We also offer a free consultation to discuss your case before proceeding with legal action.

Contact us today at 866-757-6452 to schedule a free consultation about your sexual abuse lawsuit.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.