FOSTER PARENT SEXUAL ABUSE

 

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 . 


ABOUT HOWARD A. GUTMAN

 

 

 

CONTACT INFORMATION

Law Offices of Howard A. Gutman,
230 Route 206, Flanders, New Jersey 07836
(973) 598-1980, E-mail
 Howardgutman@aol.com
Fax (973) 531-4110

New York Office
315 Madison Avenue, Suite 901
New York, New York 10017

FREE INITIAL CONSULTATION
 

We offer a free initial telephone consultation to discuss your case.  A female nurse is available to speak directly to clients
or be present during sensitive discussions.  Please feel free to call or e-mail our office.   Each case is evaluated on its own merit and this post should not be read as our agreement to accept any particular claim.  Most claims if accepted are handled on a contingency basis with no upfront payment required and legal fees paid from the settlement or recovery.