Proving Negligence in Foster Care Injury Cases: A Guide for Foster Parents and Children
Children in foster care are some of the most vulnerable members of society, yet in 2021, more than 203,000 children entered the foster care system, and the rate has consistently stayed around 3 – 4 per 1,000 for several decades. Unfortunately, abuse and neglect still occur far too often while children are in the foster system, and in 2022, around 18,000 children in California alone were victims of abuse while in foster care.
When foster children suffer injuries due to negligence, they have legal rights to pursue compensation. However, proving liability in these sensitive cases comes with unique challenges. This guide examines the complex process of building a case and highlights key considerations for foster parents and children seeking justice.
Establishing a Duty of Care Was Owed
The foundation of any injury claim is demonstrating the defendant owed a duty of care to the plaintiff which was then breached. Foster care agencies and social workers have a clear legal and ethical duty to properly screen, train, and monitor all caregivers. This includes conducting thorough background checks, home inspections, and regular wellbeing visits. For foster parents, voluntarily taking on the care of a child establishes a duty to provide adequate supervision, medical care, nourishment and protection from harm. Documenting failures in these areas is the first step in proving negligence.
Records that can help establish negligence include documentation of prior complaints or incidents with a foster parent, evidence that home inspections were lacking, and statements from case workers demonstrating lack of contact or awareness of issues. Plaintiffs may also point to state regulations and policies that were violated by agencies and workers.
Showing Negligent Conduct Occurred
Simply having an obligation to keep children safe is not sufficient grounds on its own. The plaintiff must prove through evidence that the defendant’s negligent actions directly caused the injury. Eyewitness accounts, child welfare reports, medical records, and expert testimony can all help substantiate exactly what abuse or hazardous conditions transpired. Demonstrating a pattern of neglect rather than an isolated incident can further strengthen the case. Plaintiffs should be prepared for child welfare agencies to deny culpability and blame foster parents instead. Building a convincing argument with documentation is key.
If abuse was reported but not properly investigated, obtaining internal agency records through discovery can help uncover wrongdoing. Presenting a compelling narrative of events with supporting evidence is crucial.
Proving Causation Between Negligence and Injuries
Connecting the negligent behavior to the plaintiff’s injuries is another hurdle, especially with psychological trauma that may not manifest physically. A child abuse expert witness can explain how conditions like chronic neglect, lack of supervision, or emotional abuse often lead to mental health struggles, behavioral issues, and long-term developmental setbacks down the road. Having a qualified mental health professional evaluate the child and outline recommendations for treatment based on the trauma suffered is essential for recovering damages related to emotional suffering and counseling costs.
Obtaining the right experts is key. A physician can analyze the medical evidence and explain how the child’s physical health was impacted. Psychologists can evaluate mental and emotional damage and provide a life care plan projecting necessary treatment. These opinions bolster causation arguments.
The FSH Insurance Fund
California has the Foster Family Home (FFH) and Small Family Home (SFH) Insurance Fund which provides liability coverage up to $300,000 to approved resource families and licensed foster homes for certain valid bodily injury claims related to foster care services. While helpful, the Foster Fund does not cover intentional abuse or all types of damages. Understanding exclusions and limitations is important. The Foster Fund protection does not preclude bringing separate lawsuits against agencies or social workers for negligence.
Those outside California should research if similar coverage is available in their state. Even with insurance funds, going beyond caps often requires litigation. The Foster Fund also do not cover agencies’ liability.
Navigating Statutes of Limitations
Each state has time limits, known as statutes of limitations, dictating how long plaintiffs have to file suit after an injury occurs. For minors abused in foster care, some states allow the clock to start ticking once they turn 18 and can pursue action independently. Checking individual state laws is crucial, as is acting promptly to preserve the child’s rights. Consulting children’s rights law firm like us well before a statute expires is wise to build the strongest possible case.
Strategic filing of lawsuits may be necessary if time is short before a statute runs out. Parents can take action on a minor’s behalf immediately, while the child can bring their own suit later. This ensures claims are preserved.
Assessing Damages
Documenting all costs related to medical treatment, therapy, and long-term care needs is vital for recovering the full value of damages deserved. Foster children may also seek compensation for pain and suffering, loss of quality of life, wrongful death expenses, and occasionally punitive damages to punish wanton conduct. An attorney from our law firm experienced in child injury cases can help determine the appropriate scope of damages to seek based on the impact of the trauma.
Keep detailed records of all expenses and treatment needed. Have experts evaluate future costs for ongoing therapy, vocational training, special education services, and other support the child will require. Seek damages reflecting the true magnitude of harm inflicted.
Pursuing Justice
Proving negligence is complex, but foster families should not let legal hurdles dissuade them from seeking accountability and just compensation after abuse occurs. With compassionate legal guidance, justice is possible. Children who have already suffered trauma deserve advocacy to prevent perpetuating victimization. When supporting evidence demonstrates failures clearly caused harm, fighting for what is right can protect other children and provide resources to heal.
Do not wait to contact us, even if the statute of limitations still has time. These cases require extensive preparation and development of evidence, which takes time. Those harmed deserve experienced legal counsel advocating zealously on their behalf. Though the legal process is difficult, prevailing over institutional powers unwilling to accept responsibility is possible with perseverance and grit. Justice ultimately rests on exposing the truth.
Call us today on 855-504-6099 for advice.