Sadly, foster children may be sexually assaulted while in a foster home.  Foster parents may be liable for assaults or negligence in failing to prevent it.  The liability of Government entities which placed the child depends upon whether the foster child is characterized as being in the State's custody.  In Deshany v. Winnebago Board of Social Services , 489 U.S. 189 (1989).  Other court  have also recognized claims where state officials have taken the affirmative action of involuntarily removing the child from his home and placing him in a known, dangerous foster care environment, in deliberate indifference to the child's right to reasonable safety and security.   In K.H. ex rel. Murphy v. Morgan, 914 F.2d 846 (7th Cir.1990), for example, the court distinguished DeShaney  where a child was involuntarily removed from the custody of his parents and placed by child welfare workers  with a known or suspected child abuser . 






Law Offices of Howard A. Gutman,
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