Foster Care and Group Home Abuse

When the county removes a child from home, it takes on the duty to place that child somewhere safe and to check that the placement stays safe. When a foster parent, a relative caregiver, a group-home worker, or another child in the home sexually abuses a foster child, the county and the private agency that licensed and monitored the placement are answerable for what they knew and what they failed to check.

Where abuse happens

• Foster family homes, including relative and “resource family” placements
• Homes certified by private foster family agencies under contract with the county
• Group homes and Short-Term Residential Therapeutic Programs (STRTPs)
• Shelters, receiving centers, and emergency placements

The failures we see most

• Placing a child with a caregiver whose prior complaints, criminal history, or prior placement removals were on file
• Skipped or falsified monthly visits by the social worker
• Complaints by the child, a teacher, or a therapist that were “unfounded” without investigation
• Leaving a child in the home after abuse was reported, or moving the child and leaving other children behind
• Failing to report to law enforcement as CANRA requires

Who is responsible

Counties act through their social workers and are liable for their negligence (Gov. Code § 815.2) and for failures to perform mandatory duties in the Welfare and Institutions Code and state regulations (Gov. Code § 815.6). Private foster family agencies and group-home operators are liable for negligent certification, training, and supervision of caregivers and staff. These cases turn on the county’s own file: the placement history, the visit logs, the referrals, and the licensing complaints.

Deadlines

For abuse before 2024, until age 40 or five years from discovery; for abuse on or after January 1, 2024, no deadline. No six-month government claim is required for childhood sexual abuse (Gov. Code § 905(m)). Adults who aged out of care years ago frequently still have a claim. More on deadlines.

Our experience

Of-counsel attorney Guinness Costello has served in court-appointed leadership roles in coordinated foster care abuse litigation in California. Foster care cases are handled jointly with him.

Getting your records

Former foster youth have a right to their own case file. We obtain it for you. Many survivors learn from their file, for the first time, that the county had earlier complaints about the same caregiver.

Talk privately with an attorney