Pennsylvania Foster Care Sexual Abuse Lawsuits

Compensation for Victims of Child Abuse in the Foster Care System

Several high-profile cases of Pennsylvania foster care sexual abuse have shone a spotlight on how foster agencies have failed to protect vulnerable children from abusive foster parents or even other children.

Injury Lawyer Team is here to hold foster agencies, group homes, and government agencies accountable for child abuse. Contact us today for a confidential, no-obligation consultation.

Notable Foster Care Sexual Abuse Lawsuits in Pennsylvania

In October 2021, Turning Points for Children agreed to pay $6 million to three children who were sexually abused by their father. The agency’s name was originally shielded in the settlement, but the Philadelphia Inquirer later identified it through court records.

According to the records, Turning Points removed two of the minors from the father in 2015 following a protective order.

The man, who has not been identified to protect the girls’ privacy, had criminal charges for kidnapping a woman and sexually assaulting his girlfriend. He also did not have a fixed income or address, meaning that his daughters would experience homelessness and poverty if they were reunited with him.

The girls were then assigned to foster homes where they also experienced abuse. Then, for reasons unknown, Turning Points returned legal custody to him. The girls were subjected to both physical and sexual abuse, such as being beaten with an extension cord and raped. The man later went to prison.

Following the $6 million settlement, the Pennsylvania Department of Human Services announced that it would investigate Turning Points for multiple violations, including its failure to investigate the father’s circumstances, employment history, and criminal background before returning the children.

According to reports, the department was not aware of what was happening before a settlement was announced, demonstrating an extreme lack of oversight.

A week later, Carson Valley Children’s Aid agreed to pay $4.6 million to one of the minors due to the same negligence.

This social services agency took in the girl in 2015 following the same allegations of sexual abuse in the home. She then resided in foster care for several months before also being returned to her abusive father. The unnamed perpetrator is serving a 37-year prison sentence for violating his children.

These two foster care sexual abuse lawsuits demonstrate how the state is failing to ensure the safety of those it is responsible for protecting. Our firm will ensure that these agencies are held accountable and negotiate for a fair settlement.

What Pennsylvania Laws Govern Cases Involving Child Predators and Sexual Abuse?

Both federal and state law governs mistreatment in foster care.

The Child Abuse Prevention and Treatment Act establishes best practices and regulations for foster care agencies, including completing background checks and disclosing any foster care sexual abuse to the justice system. Every state is required to have a way for members of the public to submit their complaints about child welfare, and each state must have a process in place to address these.

The Pennsylvania Crimes Code defines sexual offenses, including those against children. In addition to rape and sexual assault, there is involuntary deviate sexual intercourse, which is any type of sexual contact involving compulsion, threat, or deception with a minor under 13 old (18 Pa.C.S. § 3123).

Institutional sexual assault covers sexual abuse that occurs in the foster care system, schools, group homes, or residential treatment centers (18 Pa.C.S. § 3124.2).

The Child Protective Services Law describes who is a mandated reporter, which includes foster parents, school employees, doctors and nurses, and social workers. If a health professional or foster parent suspects that a child is being abused, they must submit their complaint to ChildLine, which will then refer the claim to a local agency.

These agencies are authorized to take a child into protective custody, interview them without a parent present, and file restraining orders against the person (23 Pa.C.S. §§6301–6386).

Child residential facilities and foster homes are required to conduct thorough background checks and provide training to all employees, ensuring that they understand their obligations under child protection laws (55 Pa.C.S. § 3680). Parents who have a history of mistreatment or neglect should be immediately removed from the system and barred from taking in any more juveniles.

These laws also explain a foster child’s rights, including the right to be free from sexual abuse or other harm (55 Pa.C.S. § 3800). Foster kids and their parents are entitled to file confidential grievances when necessary, and they are protected from retaliation.

Who Can Be Held Liable for Foster Child Sexual Abuse?

Our firm will pursue financial compensation from any party that was responsible for sexual abuse, whether that is direct harm or vicarious liability.

Foster Parents

If the parent was a perpetrator, then they are typically the first defendant in a lawsuit. However, they can also be held liable if they knew something was happening and didn’t take action.

A foster parent is obligated to protect those in their care and ensure they are kept safe from anyone who may harm them. For example, if they notice that a child is being groomed by a teacher or by an older juvenile, they must take action as soon as possible. This can include separating the children or submitting their information to ChildLine.

Foster Care Agencies

Foster care agencies are responsible for placing youths in a safe and supportive environment. Many foster children already have a history of abuse, making them even more vulnerable to grooming or sexual assault. As such, these agencies must conduct thorough background checks on any potential foster parent and ensure that the home environment will not expose the minor to further danger.

While reunifying children with their parents is often the main goal of the foster system, foster care agencies must take care not to reunite juveniles with their abusers, as happened in the Turning Points for Children case.

Mandated Reporters and Agencies

Social workers, teachers, residential care staff members, healthcare professionals, and clergy are just a few of those considered mandated reporters. These individuals and their employers are obligated to submit complaints to ChildLine if they suspect any form of child abuse, including sexual abuse.

If they fail to uphold this responsibility, foster care agencies and their employers can be vicariously liable. Unfortunately, many social workers and teachers refuse to intervene out of fear of retaliation or because they are understaffed.

Government Agencies

Both state and federal governments are responsible for providing oversight to foster care agencies, including investigating any claims of neglect or negligence. If they fail to provide proper oversight or dismiss concerns about a certain organization’s approach, they can be liable.

However, suing a government agency is often challenging, as there are shorter statutes of limitations and strict filing guidelines. If we feel that a department may have been liable for your damages, we will ensure that all necessary documents are filed.

What Damages Can Sexually Abused Foster Children Recover?

You may be entitled to both economic and non-economic damages, depending on the type of mistreatment you suffered and its severity. Some possible damages include:

• Medical bills
• Lost wages
• Loss of future income
• Mental health treatment
• Physical pain and suffering
• Emotional distress
• Disability or disfigurement
• Loss of normal life

How Long Do Sexually Abused Survivors Have to Take Legal Action in Pennsylvania?

The statute of limitations depends on how old the child is. Adult survivors of sex abuse while in the foster system who were under 18 years old at the time have until 55 years old to file a claim (42 Pa.C.S. §5533(b)(2)(i)). There is a two-year lookback window that is closing in November 2025 (42 Pa.C.S. §5533(b)(2)(ii)).

How to Report Suspected Abuse in Pennsylvania Foster Care

Anyone can file an anonymous complaint about potential foster care abuse to ChildLine by calling 1-800-932-0313. Mandated reporters must use the Department of Human Services’ Child Welfare Portal. They are not allowed to remain anonymous and must disclose their relationship with the individual being mistreated.

When submitting a complaint, provide the child’s name, physical description, approximate age, and the information for parents or guardians. Additionally, describe what the abuse entails, such as sexual assault or domestic violence. Should the suspected perpetrator be known, include what the person’s relationship to the child is and whether the minor is in immediate jeopardy.

It is possible to file if you do not have all of this information, but a more complete submission ensures faster processing.

How Injury Lawyer Team Can Help

Abuse in foster care can be difficult to investigate for a number of reasons. Firstly, many children do not disclose they were hurt until years after the fact due to stigma, shame, or simply not understanding what happened. Important records may have been lost or destroyed during the intervening years, and key witnesses may be reluctant to talk.

However, our firm is committed to helping every survivor receive justice for the harm they have suffered. As members of the National Association of Personal Injury Attorneys and America’s Top 100 High Stakes Litigators, we have handled over 5,000 cases for clients nationwide and achieved over $450 million in settlements or verdicts for survivors.

We can provide the following services, designed to empower you and ensure that you feel supported every step of the way.

• Case Evaluation: The process begins with a free and confidential consultation about your claim. We will gather key information about what occurred and determine what kind of case you have. Everything you share with an attorney is kept confidential, and we will protect your privacy.
• Investigation: Strong evidence makes it more likely that you will earn a high settlement. We’ll gather documents such as medical records, police documents, ChildLine submissions, background checks, and private communications that demonstrate who knew about what was happening and whether they were mandated to disclose this.
• Witness Interviews: We understand how traumatic and difficult it can be to talk about abuse. As such, we are trauma-informed legal advocates who will employ compassionate and age-appropriate interview tactics that provide a strong basis for your case.
• Expert Testimony: In cases involving abuse, expert testimony provides vital context for juries, helping them understand why a survivor might not immediately disclose and the long-term impact of trauma on an individual’s future. Through our network of professionals, we’ll find unbiased opinions.
• Negotiations: The goal of suing for foster care sexual abuse is to secure compensation for survivors. Using the information and testimony we have gathered, our team will craft a demand letter that considers both your economic and non-economic damages. This will then be used to push for the highest possible compensation.
• Trial Representation: While many cases settle out of court, we sometimes need to file a complaint and take a case to trial. We understand how intimidating this can be, especially for young survivors, and strive to provide support every step of the way. It is possible to file under a pseudonym, and we will limit interaction with the defendant.

Book a Free Consultation

Injury Lawyer Team is committed to securing justice for sexually abused foster children through personal injury claims. We work on a contingency fee basis: no fees unless we win. Everything you share with our attorneys is kept confidential. To learn more about sexual abuse lawsuits, call us for a free, no-obligation 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.