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California Foster Home Sexual Abuse Lawyer

Maison Law stands with sexual abuse survivors, advocating for your legal rights. While a lawsuit can’t completely undo the harm or criminally penalize offenders, we’re dedicated to using all legal avenues to help you. Contact us today for a free consultation to explore all available options to get the maximum financial support available to you under California law.

Liability for Sexual Abuse in California Foster Homes

While sexual abuse carries criminal penalties in California, a case for damages can also be made in civil court.

Like any other civil case, the first step is establishing liability. In most cases of sexual abuse, this is going to mostly involve the perpetrator. However, if the abuse occurred in a foster home, there is also the element of “vicarious liability”, which holds organizations and agencies accountable for allowing negligence and injuries to happen.

Legally speaking, the lawsuit would be filed against both the perpetrator and whoever else shares liability for allowing the abuse to happen. As a survivor of sexual abuse in a foster home in California, there could be any number of liable parties in your claim:

  • Foster parents – Foster parents have a duty of care to provide a safe environment. If they are aware of or contribute to the abuse, they may be held liable.

  • Social workers – Social workers responsible for placing children in foster homes must exercise due diligence. If they fail to properly vet foster parents or neglect signs of abuse, they may face liability.

  • Foster care agencies – Agencies overseeing foster care placements have a duty to ensure the safety of children. If they are negligent in their oversight, they may be held liable.

  • State or county government – The county or state may be held liable for failing to implement adequate safeguards and supervision in the foster care system, leading to instances of abuse.

AB 452

Up until October 2023, California had instituted a “statute of limitations” on filing claims for child sexual abuse, albeit with special rules. Previously, survivors had until they were 40 years of age or within 5 years of discovering the injuries or harm the abuse caused. However, with the passage of Assembly Bill 452, that statute of limitations is eliminated. Thus, if you were a minor and were sexually abused in a California foster home after January 1, 2024, there is now no deadline to file your claim.

If the abuse happened prior to that date, you still have until your 40th birthday or the five year window to file your claim.

Filing a Sexual Abuse Claim in California

In California, any survivor has the legal right to seek damages for sexual abuse suffered while in the care of a foster home, parent, or agency. This involves filing a civil complaint in court against the agency and the perpetrator, which is unfortunately a challenging process. That said, our dedicated team of California sexual abuse lawyers will make sure you have the best chance at recovering the benefits and support you’re entitled to under the law.

Successful claims against a foster home may include the following damages:

  • Medical expenses – These damages cover treatment, ongoing care, bills, and therapy resulting from the sexual abuse.

  • Emotional distress and ongoing care – These cover therapy and care for psychological trauma.

  • Pain and suffering – These damages are meant to address the emotional distress and associated costs caused by the abuse.

  • Punitive damages – Additional damages could be awarded that are designed to punish the institution for egregious or negligent care and deterring future misconduct.

The outcome of your specific claim is going to rest on the circumstances and its impact on your life. Proving that the abuse occurred due to negligence or deliberate wrongdoing by the foster agency is essential, and this is another area where our team can help you.

Overall, filing a sexual abuse claim demands courage. Our team provides legal support, making the challenging process more manageable. Advocating for your rights not only secures deserved financial support but also contributes to reducing future instances of sexual abuse in foster homes, holding perpetrators and the foster system accountable.

What Makes Sexual Abuse Claims Against California Foster Homes Challenging?

Ultimately, your damages in a claim against a California foster home is going to come down to the extent of your trauma and the circumstances that surrounded it. If you’re like many survivors, the abuse has had and will continue to have a profound impact on your life, no matter how long ago it occurred.

Unfortunately, this impact involves physical, emotional, and psychological consequences, Noteworthy long-term effects of childhood sexual abuse include:

  • Mental health challenges – Survivors face an elevated risk of grappling with various mental health issues, including depression, anxiety, post-traumatic stress disorder (PTSD), and substance abuse disorders.

  • Relationship struggles – The impact extends to a survivor’s ability to forge healthy relationships in adulthood, influencing trust and the ability to establish safety and security in intimate connections.

  • Sexual dysfunction – Childhood sexual abuse can contribute to sexual dysfunction in later years, manifesting as challenges with arousal, intimacy, and trust.

  • Physical complications – survivors may encounter physical health problems down the road, such as chronic pain, autoimmune disorders, and other medical conditions.

These effects are prevalent among survivors, including those who experienced abuse within California’s foster care system. So, in order to effectively pursue your claim, you should consider working with our experienced team.

Should You Hire a Lawyer For a Sexual Abuse Claim Against a California Foster Home?

While the claims process is challenging, you don’t actually need a lawyer to file a claim. However, if you want to fully pursue your legal options, having our experienced team on your side can be crucial. This is especially true given the challenges that come with a sexual abuse claim, and even more important if you need to file a claim against a state or county agency.

  • Legal guidance – Sexual abuse claims can involve a complex legal process. Our team is experienced in handling such cases and has the necessary legal expertise to guide you through the process.

  • Knowledge of laws – Our lawyers are familiar with California’s laws pertaining to foster care and sexual abuse will be well-versed in the specific regulations and statutes that apply to your case.

  • Investigation and evidence gathering – Lawyers have the resources and skills to conduct thorough investigations, gather evidence, and build a compelling case on your behalf. This is crucial for establishing the validity of your claims.

  • Negotiation skills – In many cases, sexual abuse claims may be settled outside of court through negotiations. Our experienced lawyers can advocate for your rights and negotiate a fair settlement on your behalf.

  • Court representation – If your case goes to trial, we’ll be ready to represent you in court. We can present your case persuasively, cross-examine witnesses, and navigate court proceedings.

  • Emotional support – Dealing with a sexual abuse claim can be emotionally taxing. Our lawyers and staff not only provide legal support but can also offer guidance and understanding during this challenging time.

  • Protecting your rights – More than anything, our lawyers are committed to protecting your rights and making sure that you receive a fair result for the harm you’ve endured. We can advocate for you against any attempts to undermine your case.

Before fully diving into a claim, it’s important to choose a team with experience in handling sexual abuse cases and a track record of success. We believe that our approach sets us apart, and we take pride in being able to represent you and removing the burden of handling the claim on your own.

Experienced California Sexual Abuse Lawyers Will Be Your Advocate

Life in California’s foster care system presents numerous challenges for children. If your rights are violated through sexual abuse, it’s crucial to hold the responsible parties accountable.

At Maison Law, our team of dedicated and experienced California sexual abuse lawyers is here to guide you through this difficult period. We are committed to standing up for your legal rights and options, providing unwavering support at every stage of the process. To schedule a free, no-obligation consultation, contact us today.

California Foster Homes and Agencies

MacLaren Hall

Alternative Family Services