Kern County is being sued by a former foster care child, who was abused in a foster home while they were a teenager. According to the lawsuit, the victim was 13 to 14 years old when they were repeatedly assaulted by a member of the foster family. In spite of complaining to a social worker, the lawsuit alleges that there was no investigation by the Kern County Department of Human Services. Instead, administrators “covered up their knowledge” of the abuse, which allowed the incidents to continue.
The victim’s lawyer alleges that the county “[failed] to adequately supervise its contract agencies and foster homes by…failing to impose and enforce appropriate standards for the safety and welfare of the children in county’s care.”
In essence, the lawsuit is accusing Kern County Child Protective Services of negligence, which is why so many kids in foster care are physically and sexually abused. There is no denying that we are dealing with a broken system, and that sexual assault in foster homes is a chronic problem.
Perhaps you, too, are a victim of child sexual abuse while staying at a foster home in Kern County. If so, we encourage you to seek legal advice from a California sexual abuse attorney. Our law firm has decades of experience with sexual assault lawsuits against foster care agencies, residential group homes, and other government institutions. We are ready to advise you of your legal options and fight to bring you justice from a Kern County foster care home sexual abuse lawsuit.
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California’s Mandatory Reporting Laws for Child Abuse
Most people think of the moral and ethical aspects of contacting the authorities when they suspect that a child is being abused. But each state, including California, has a mandatory reporting law when it comes to incidents of child abuse and neglect.
To put it simply, those who work with children on a regular basis are legally required to report allegations of child abuse, whether or not there is evidence to substantiate the claims. That means social workers and foster care agencies must contact the police and conduct an investigation if they receive information that a child is being abused. In addition, an investigation must be conducted by Child Protective Services even if no one has said anything, but there are signs that indicate the possibility of neglect and abuse.
Individuals that fail to take action on complaints or suspicion of child abuse can be jailed for up to 6 months and required to pay a fine of $1,000. Furthermore, the victim or their parents / guardians can sue the Department of Human Services for monetary compensation.
Suing Kern County for Sexual Assault of a Foster Child
If you were sexually abused at a foster home, it’s more than likely that it was due to negligence by Kern County’s Human Services. Of course, it’s impossible for county officials to do something about an issue they are unaware of. But in our course of representing foster care abuse victims, we have seen one too many cases where the agency was aware of assault and abuse allegations. Or, there were clear signs that the child was suffering, either from neglect, physical assault, or sexual abuse by someone in the household.
The lawsuit we talked about in the introduction to this article accuses Human Services administrators of concealing the abuse perpetrated against the plaintiff, as well as other children in the home. That part is especially disturbing, since there may have been other foster children in this home who were regularly assaulted. How long was this family a part of the foster care system, and how many kids were violated by a sexual predator during their stay? We will never know for sure, but we are certain that more victims are out there.
If you were sexually assaulted at a foster home by a member of the family, please take some time to contact our law firm. A Kern County foster care sexual abuse lawyer is here to advise you of your rights and legal options, which include suing Kern County for monetary damages.
Foster Care Home Sexual Abuse Lawsuit Values
Generally, you can expect settlements to be in the 6 to 7-figure range, though the exact amount depends on many issues that are specific to each case. We would say that $450,000 to $5,000,000 is a good range to keep in mind, with cases of sexual assault generating higher payments on average compared to incidents of sexual harassment. Based on the degree of injury to the victim, the number of assault incidents, negligence by the Child Services and other factors, compensation for a child sexual abuse case may exceed $10,000,000.
Once we learn the details of what happened to you at a foster home, we can provide you with a better sense of how much you will potentially receive from a sexual assault lawsuit.
How Long Do Foster Care Abuse Cases Take to Settle?
Cases for the sexual abuse of a foster child can take anywhere from 1 to 3 years to settle. There are times when a settlement if reached in 6 months or less, but this is not a realistic timeline for the vast majority of lawsuits against government agencies. Normally, we are able to reach a settlement through direct negotiations with Kern County. But there are a small percentage of lawsuits that cannot be settled in this manner. These cases are tried in court, and that means it will probably take over 3 years to get paid from a Kern County foster care sexual abuse claim.
What is the Deadline to Sue Kern County for Child Sexual Abuse?
Child sexual abuse lawsuits must be filed by the victim’s 40th birthday, meaning you have 22 years from when you are legally an adult to sue Kern County Child Protective Services. Alternatively, you can sue for sexual abuse during childhood based on the discovery of one or more injuries, which include bodily harm as well as mental health disorders.
Delayed discovery of physical and mental health issues is very common among child abuse victims, especially those in the foster care system. In the recent lawsuit against Kern County, the victim told their social worker what was going on, but the Department of Human Services did nothing to protect the minor. Children in this situation try to move forward by suppressing memories of the abuse, but it’s impossible to run from these incidents forever. That’s why many of them seek therapy when they are adults and learn about the emotional and physical impact of sexual abuse on their lives.
The realization of abuse-related injuries can happen at any age. That’s why California law gives child sexual abuse victims 5 years to file a lawsuit, starting from the date of discovery. If you would like a more detailed explanation of the discovery rule and how it applies to your legal rights, contact our law firm.
Talk to a Sexual Abuse Lawsuit Attorney
Obtaining legal advice from an experienced lawyer is essential when you are a victim of sexual abuse. This is particularly true if you are an adult who was sexually abused as a child in the foster care system. However, many victims hesitate to call an attorney because of the associated fees.
You’ll never have to worry about the cost of hiring a lawyer here at Normandie Law Firm. The Zero Fee Guarantee is our promise to you that you will never pay upfront, since we only get paid by winning your case and obtaining a portion of your settlement award. That way, you can take immediate action towards a lawsuit against Kern County Child Protective Services, while knowing that your finances are never at risk.
For a free case review from a foster care home sexual abuse lawyer, contact us today.
Other Pages on Our Website Related to This Topic
San Bernardino County – Gilbert Street Juvenile Hall Sexual Abuse Lawyer – Normandie
Tuolumne County MLRJDF Sexual Abuse Attorney
Tulare County Detention Facility Camp Sexual Abuse Attorney
