Michigan Foster Care Sexual Abuse Lawsuits

Compensation for Victims of Child Sexual Abuse in Foster Care

Michigan foster care sexual abuse lawsuits hold the system accountable for failing to protect children from harm. A foster care sexual abuse attorney from Injury Lawyer Team takes a trauma-informed approach to the civil lawsuit, ensuring that children and adult survivors of childhood abuse can share their stories without retraumatization.

If you or a loved one has experienced sexual abuse, contact our compassionate lawyers today for a free consultation.

Notable Cases of Child Abuse in Michigan’s Foster Care System

Up to 40% of foster children have experienced some form of abuse, including sexual. Unfortunately, the Michigan Department of Health & Human Services has repeatedly allowed abusive foster parents access to vulnerable children through inadequate screenings or negligent supervision.

A 2008 report found that the Michigan foster care system has an abuse rate that is 2.5 times higher than the national rate due to a lack of supervision, high case loads, and inadequate background screening. Some of the most high-profile cases include:

Four foster parents conspired to foster or adopt up to 30 children. The abuse occurred over a period of years to at least eight children, who were not able to report the abuse because they were homeschooled. Jerry and Tamal Flore adopted children for financial gain starting in 2007 and subjected them to multiple forms of abuse.

One of the other parents charged, Joel Brown, actually worked in the Children’s Services Administration’s Office of Family Advocate. Brown used his position to avoid detection of abuse in his home and the co-conspirators’ homes, demonstrating corruption in the very system meant to protect child victims. System failures like these can push kids toward the foster care-to-prison pipeline.

Former foster parent Mark Sorensen sexually abused a child under the age of 13 years, who is reported to be one of Sorensen’s relatives. He and his wife had fostered up to 40 children throughout their lifetime.

Another former foster parent, William Easterling Jr., forced a 16-year-old boy and another boy under the age of 15 to record themselves masturbating. Reports are not clear as to whether the alleged abuse occurred with children under his care or with unaffiliated minors.

Sexual abuse has a long-lasting and devastating effect on victims, putting them at higher risk of further victimization later in life. More than that, it can contribute to heart disease, post-traumatic stress disorder (PTSD), depression, and substance abuse. Getting justice for foster abuse through a civil suit ensures that victims are compensated for the many deleterious effects of this harm later in life.

What Laws Govern Foster and Group Home Sexual Abuse Cases in Michigan?

The Michigan statute MCL § 722.621 et seq., also known as the Child Protection Law, defines and governs child mistreatment, including sex abuse cases. This law applies to all children, including those in foster or group homes, and requires mandated reporters to help a child in foster care who might be experiencing abuse by reporting it to the proper authorities.

The Child Protection Law is crucial for civil claims, as it defines the key concepts necessary to take legal action (722.622). Under Michigan law, child abuse is defined as nonaccidental physical or mental injury, including sex abuse or exploitation. Parents, legal guardians, or anyone responsible for a child’s care can be charged with abuse if they fail to take action.

This law also notes that Michigan foster care workers or parents can be charged with neglect if they should have been aware that abuse occurred, but failed to take action. For example, if a teacher or social worker suspected that the child had been sexually assaulted but refused to report it, they can be charged as well under Michigan law.

What Damages Can Victims of Foster Parent Abuse Recover?

Our sexual abuse lawyers will fight for maximum financial compensation. These damages can include:

• Medical bills
• Therapy and behavioral health support
• Loss of future income
• Loss of normal life
• Physical pain and suffering
• Emotional distress

Michigan allows juries to award exemplary damages. This financial compensation is for voluntary acts that cause extreme emotional injury to the victim.

How Long Do Sexually Abused Survivors Have to File a Civil Lawsuit in Michigan?

In Michigan, the sexual abuse civil statute of limitations is generally 10 years for civil claims based on criminal acts, even if there was no criminal prosecution (MCL § 600.5805(6)).

However, there is also a delayed discovery rule that allows victims up until their 28th birthday or three years after they should have reasonably discovered that their injuries were caused by sexual abuse, whichever is later (MCL § 600.5851b).

Michigan lawmakers are fighting to impose harsher sentences and longer statutes of limitations for sexual abuse cases through the Justice for Survivors Act (Senate Bills 257–261). Changes that this bill would bring include:

• Extending the civil statute of limitations up to 10 years after the abuse occurred, seven years after the victim realized they were sexually assaulted, or until their 42nd birthday, whichever is later;
• Eliminating the civil statute of limitations if a criminal sex abuse conviction was achieved;
• Opening a one-year lookback window for victims whose claims may have expired;
• Eliminating the civil statute of limitations for certain claims against the state.

Our attorneys are carefully monitoring these new laws to ensure that all foster abuse victims can take appropriate legal action, no matter how much time has passed.

Who Can Be Held Liable in Foster System Sexual Abuse Lawsuits?

We will ensure that all potentially liable parties are held accountable. These parties can include:

• Abusive foster parents and legal guardians
• Social workers who failed to report sexual abuse
• School systems that did not report concerns
• Doctors and other mandated reporters who did not intervene
• Foster and adoption agencies for negligent supervision, training, or investigation
• The Michigan Department of Health & Human Services for failing to investigate allegations

How Injury Lawyer Team Can Help

Sexual abuse claims are challenging because of the severe trauma imposed on a victimized child. Child victims and adult survivors of foster abuse require compassionate, trauma-informed legal representation that minimizes the risk of retraumatization while still thoroughly investigating the claim.

Furthermore, multiple parties may be liable, including government agencies, school systems, and foster agencies. Coordinating claims, sharing information with defendants, and negotiating for fair compensation requires careful collaboration, document management, and strong negotiation skills.

Our sexual abuse lawyers are highly skilled in these specific claims, as we understand both the emotional and legal impact of sex abuse on children. We will gather strong evidence, including medical records, foster records, psychological assessments, and contemporaneous reports from social workers or schools.

Armed with this information, we will aggressively negotiate for maximum compensation, all while protecting child and adult victims from contact with the perpetrator and other third parties. While many cases are settled out of court, we prepare every case as if it will go to trial, giving you the strongest chance at fair compensation.

We work on a contingency fee basis, meaning you owe us nothing unless we secure a favorable outcome. With a 98% success rate across thousands of cases, we empower victims to heal and recover the funds they need to move forward with their lives.

Contact us today to schedule your free consultation.

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.