How to Make a Claim for Compensation for Foster Care Abuse in California

The foster care system aims to provide a temporary safe haven for children removed from their homes due to abuse, neglect or other family challenges. However, vulnerable foster children can sometimes experience further mistreatment by the very system meant to protect them. Disturbing rates of abuse in foster homes, group homes and residential facilities demonstrate the need for vigilant community oversight.

The State of California has arranged for a government fund similar to an insurance fund that would allow payment for victims of foster family homes or small family homes of up to $300,000.00. This means that victims of abuse or neglect may be compensated through the state of California. In order to qualify for the Foster Fund, it must be a valid claim of bodily or personal injury to foster children that occurred during the foster care relationship, during the provision of foster care services, and during the time foster children are in the home.

The Foster Fund does not cover intentional or criminal acts against foster children by their foster parents nor any bodily injury arising out of the operation or use of any motor vehicle, aircraft, or watercraft. If you wanted to make a claim please be advised there are additional restrictions.

Steps in the Foster Fund Claims Process 

Obtain a Foster Fund claim form directly from the Foste Family Insurance Fund here, https://www.cdss.ca.gov/inforesources/foster-care/fsh-fund-information. You should complete the form in its entirety. 

While the Foster Fund claim form appears straightforward, the real work is providing the necessary documents to support your claim. This requires you to already have the documents supporting your abuse or neglect claim. This can be records related to the juvenile dependency file, police reports, and medical records. The types of records needed will depend on the type of claim you are making. This is why it is important to obtain any and all records immediately. Some forms of records can come from: 

• Social workers, counselors, and therapists.
• Teachers, coaches, school staff, and daycare workers.
• Healthcare providers like doctors, nurses, and EMTs.
• Law enforcement.

After you have sent in the completed Foster Fund claim with supporting documents, the general process will be as follows:

1. An automatic generic response will be sent to you to confirm receipt of your claim.  
2. Many times, the Foster Fund will ask for more records. 
3. Within 180 days, the Foster Fund will determine whether the claim is “eligible” or not, based on the information collected.
4. If eligible, a settlement agreement will be sent along with necessary documents to execute and return to the Foster Fund. 
5. Even if a report is ineligible, the Foster Fund has determined that based on the information provided, the Fund cannot cover your specific claim and will provide reasons as well. 

Tips for Making Foster Fund Claim as Effective as Possible

When making a Foster Fund claim, keep these tips in mind to make your claim as helpful as possible: 

• Immediately obtain ALL records that show your claim.
• Clearly describe your claim and the specific circumstances causing your injuries. Stick to facts and observations.
• Provide details like addresses and witnesses. 

At Children’s Rights Defenders, our legal team has extensive experience making the claims with the Foster Fund on behalf of victims and families in California. We understand the unique legal and emotional complexities these cases involve. If you or a loved one experienced trauma while in the foster care system, call 855-504-6099 for a free consultation about your legal options. Justice and compensation can help you move forward.