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What to Expect: The Legal Process in Foster Care Abuse Cases

Foster care is intended to provide a safe, nurturing environment for children who cannot remain with their biological families. However, abuse and neglect unfortunately occur in some foster homes. If you suspect a foster child has been abused, it is important to understand the legal process so you can advocate for the child’s rights. This article provides an overview of the typical legal process in California for foster care abuse cases.

Reporting Abuse

The first step is reporting suspected abuse or neglect of the foster child. You can make a report to either the child abuse hotline or local law enforcement. When making a report, provide as many details as possible, such as the child’s name, your observations, any statements the child has made, etc. Ensure you get the report number for reference.

After a report is filed, Child Protective Services (CPS) will initiate an investigation. A social worker will interview you, the child, and likely the suspected abuser. Medical exams, police reports or other evidence will be collected. If the social worker determines the allegations are ‘substantiated’ or confirmed, the case will proceed to the next steps.

Removal from Foster Home

If an investigation shows abuse or neglect has occurred in a foster home, the first priority is ensuring the child’s safety. The child will be removed from that foster home and placed in a new one or with a relative. CPS will also determine if the foster parents should be allowed to care for other children currently in their home. Their foster care license may be suspended or revoked.

The removal process can be very traumatic for a foster child. If you take in the child, you may notice increased anxiety, depression, anger, bedwetting, acting out, or other troubling behaviors. Be patient and provide extra comfort and reassurance. Seek counseling to help the child process their emotions. Document any concerning behaviors or statements the child makes that relate to the abuse allegations. This information could help with the legal case later.

Dependency Court Proceedings

CPS will file a petition in dependency court requesting the court formally declare the child a dependent due to abuse or neglect. At the initial hearing, the judge will determine if the child should remain out of the home based on the evidence presented by CPS. The judge will also appoint an attorney for the child and set dates for future hearings.

Throughout the dependency process, there will be multiple hearings where CPS must prove abuse or neglect occurred and that foster care continues to be necessary. If you are the current caregiver, you can attend these hearings and provide information, such as how the child is adjusting to the new placement. Speak with a Los Angeles child abuse attorney ahead of time to offer input on what is in the child’s best interests regarding placement, visitation with parents/siblings, services needed, etc.

The goal is providing the child a safe, permanent home, either by resolving issues in the original home, terminating rights, or finding an adoptive family or legal guardian.

Criminal Charges

In addition to dependency court proceedings, the child’s abusers and social workers may face criminal charges, such as assault, child endangerment, sexual abuse, neglect, etc. The district attorney’s office determines whether to file criminal charges based on the police reports and CPS investigation. You may be asked to provide a witness statement.

Going through the criminal justice system can feel intimidating, but it may provide justice and prevent the abuser from hurting other children. Work closely with your foster child’s attorney, therapist and CPS social worker to decide if participating in the criminal case would benefit your child’s healing process or further traumatize them. A Los Angeles foster child abuse lawyer can help with this.

Civil Lawsuit

Another option is filing a civil lawsuit against the abuser, CPS or other responsible parties. Compared to criminal cases which must prove charges ‘beyond a reasonable doubt,’ civil cases require a lower threshold of proof. Even if criminal charges weren’t filed or didn’t result in a conviction, you may still meet the ‘preponderance of evidence’ standard needed to prevail in a civil case.

The most common civil cases related to foster care abuse include:

  • Personal injury – If abuse resulted in physical harm or emotional trauma, the child can sue the abuser for monetary damages. This can help pay for medical treatment, counseling and other expenses related to the injuries.
  • Negligence – You may be able to sue CPS or the foster care agency for negligence in licensing, placing or monitoring the child in an unsafe home.
  • Violation of civil rights – Section 1983 claims can be made alleging the abuse violated the child’s civil rights. Damages could cover the abuse itself as well as any inadequacies in CPS’s response.

Consult with a foster child abuse attorney Los Angeles to determine if a civil lawsuit could benefit the child. Litigation can be draining, so weigh the impact on your child’s healing process. Any monetary settlements or damages awarded belong to the child, not the foster parents or parents if they are still involved. While stressful, a lawyer will take on the majority of the burden and can help the child receive the compensation they are entitled to.

Seeking Justice and Healing for Your Foster Child

Going through investigations, court proceedings and lawsuits related to foster care abuse can be a challenging process. No child should have to endure trauma, especially in a place meant to protect them. As a foster parent or parent, you play a critical role in supporting your child on the road to justice and healing.

At Children’s Rights Defenders, our legal team has extensive experience representing foster children and families in California. We understand the unique legal and emotional complexities these cases involve. If your foster child has suffered abuse, please reach out to us for a free consultation by calling 855-504-6099. Our Los Angeles children’s rights lawyers will evaluate your case, answer your questions and help you protect your child.