Foster Care Sexual Abuse

In the city of Chicago, Illinois, the child welfare system can feel overwhelming and complex, especially when something tragic has happened and you’re looking for help. This could include sexual abuse, neglect, or another type of abuse.

Whatever it is, finding dedicated and compassionate legal assistance in cases of foster care abuse is crucial, as you can’t depend on state agencies to help you.

Disturbingly, it was discovered that significantly more than half – an overwhelming nine out of 10 – allegations of abuse or neglect against foster parents were concluded by the child welfare agency as “unfounded,” resulting in a closure without findings against them. [1]

At Rosenfeld Injury Lawyers, our commitment is to provide a voice for those least able to advocate for themselves, ensuring that all children have the opportunity to seek justice and compensation for any harm experienced in what should have been a nurturing environment.

Types of Foster Care Abuse Cases We Handle

Some well-known foster care and youth residential service providers in the Chicago area include:

• Lutheran Social Services of Illinois
• The Center for Youth and Family Solutions
• One Hope United
• Allendale
• Camelot Care Centers
• Little City
• Spero Family Services
• Chaddock
• Let It Be Us
• AdoptUSKids

At our firm, we passionately pursue justice for victims of all types of foster care abuse, which often includes one or more of the following:

Physical Abuse Against Foster Children

This involves physical harm to foster children at the hands of a caretaker, foster parents, or another adult or family member living in the foster home. This could include inflicting injuries through hitting, shaking, or any other form of striking.

Specifically, a child injury attorney must prove that the foster child’s physical safety was at risk or that they were actually injured.

Emotional Abuse By Foster Parents and Other Parties

Emotional abuse occurs when a foster parent employs constant criticism, humiliation, and rejection which leads to emotional damage impacting the self-esteem and overall mental health of children.

An emotional abuse attorney has to prove that the behavior created an impairment or substantial risk of impairment to the emotional health of the child.

Sexual Abuse

Sexual abuse in foster care situations involves any form of sexual abuse, exploitation, or molestation inflicted upon children. This can range from unwanted touching, exposure to adult material, being forced into child pornography, all the way up to and including sexual assault and forced intercourse.

A foster care sexual abuse lawyer can help you prove your claims and get you the justice you deserve.

Neglect From a Foster Parent

The last general category we frequently see is cases of neglected children. These are situations where the needs of the child, such as food, clothing, and medical attention, are not adequately taken care of by their foster parent or foster families.

Is There a Time Limit to File a Foster Care Abuse Lawsuit?

When dealing with cases involving children subjected to abuse in the foster care system – which most often applies to those under the age of 18 – Illinois does not have a statute of limitations for filing civil claims regarding child sexual abuse. This means a foster care sexual abuse claim can be filed at any time.

However, if the incident occurred some time ago, previous statutes may apply regarding the deadlines. Therefore, it is essential to connect with a lawyer as soon as possible so you can understand the timeline and make sure you file your claim in time.

Damages That a Foster Care Abuse Attorney Can Help You Recover

When you or someone you love has experienced abuse from the foster care system, there is legal recourse available. One option is to pursue a civil case and try to obtain compensation from the party or parties bearing responsibility.

The types of monetary damages you can recover in this type of case typically include the following:

• Medical Costs
• Therapy Costs
• Pain and Suffering
• Loss of Enjoyment in Life
• Punitive Damages

Foster Care Abuse Compensation We Can Help You Recover

While it’s natural to want an estimated figure of the compensation you might get in a foster care abuse case, the fact is that there isn’t a ‘one-size-fits-all’ number. The specifics of your claim depend upon various factors, like:

• Nature and extent of abuse
• Psychological trauma
• Long-term consequences
• Insurance and Financial Resources of Defendant

Overall, calculating compensation in these cases involves multiple variables and requires a dedicated legal team.

Filing Civil Lawsuits With Rosenfeld Injury Lawyers

Seeking damages for foster care abuse isn’t something you should go through alone. At Rosenfeld Injury Lawyers, we ensure the process is straightforward and take every possible step to get you justice.

Generally, when filing civil lawsuits with our firm, here’s what you can expect:

• Initial free consultation
• Complete confidentiality
• Case evaluation
• Investigation
• Help with recovery resources
• Filing the lawsuit
• Negotiation with defendant/insurance companies
• Trial representation
• Ongoing communication and support

Who Can Be Held Liable in Foster Care Abuse Cases?

In foster home abuse cases, various parties can be held responsible based on their roles and actions (or lack thereof) that contributed to the abuse. Below is an overview of who could be held liable:

• Foster Parent or Family Member/Group Home Staff: The individuals directly involved in the caregiving – like parents in the foster care home or the staff members at a group home – can be liable if they have perpetrated the abuse or neglect or allowed it to happen.
• Foster Care Agencies: If a foster care agency fails in its responsibilities, such as insufficiently screening, training, or supervising a foster parent and the rest of their family, and it leads to instances of abuse, the agency could face legal repercussions due to negligence.
• Social Workers and Case Managers: Social workers and case managers have explicit obligations to oversee the well-being of each child within the foster care system. Negligence in spotting or responding suitably when signs suggest possible maltreatment or neglect subjects them to liability concerns.
• Government Entities: State and local government agencies tasked with managing child welfare services might also bear responsibility if abuse happens because of their oversight. Failures here may involve inadequate establishment or enforcement of policies and procedures aimed at protecting children.
• Healthcare Providers: Professionals in the healthcare industry (including therapists and other counselors) hold a unique position as mandated reporters, requiring them to actively report suspicions of abuse of children. If they overlook clear signs or fail to report indicators of such mistreatment, then they might be liable in civil cases.

This is not an exhaustive list, as there are many parties that could hold responsibility in Illinois cases of abused and neglected children.

What to Do If You Suspect Abuse of Children in Foster Care

If you are concerned that a child in foster care may be experiencing abuse, recognizing the signs and understanding how to respond is crucial. Abuse can take many forms, and being alert to this type of mistreatment is instrumental in protecting a child.

Signs That a Child Is Being Abused

Some of the most common signs of abuse include the following:

• Suspicious injuries such as bruises or cuts without any rational explanation
• Changes in behavior, including social withdrawal, anxiety, or acting out
• Sudden drop in school performance
• Fear towards particular individuals or places
• Unaddressed medical or hygiene needs
• Signs of emotional distress, such as severe mood swings, depression, or suicidal ideation
• In cases where a child was sexually abused, knowledge of sexual acts inappropriate for their age or expressing discomfort with physical contact

How to Report Foster Care Abuse

To report abuse in the foster care system in Illinois, follow these steps, keeping in mind that the Illinois Department of Children and Family Services (DCFS) is responsible for investigating suspected abuse or neglect:

• Call 911 in Immediate Danger: If you believe a child is in immediate danger of harm, call 911 first.
• 24-Hour Hotline: In cases where immediate action is needed, call the 24-hour child abuse Hotline at 800-25-ABUSE (800-252-2873).
• Online Reporting: For non-emergency situations, report suspected abuse — whether it’s physical or sexual abuse, or even neglect — using the Online Reporting System.
• Provide Detailed Information: Whether reporting online or by phone, provide as much information as possible about the child or children in foster care, the suspected abuser, and the nature of the abuse or neglect.
• Anonymous Reporting: You can report anonymously, but providing your contact information can be helpful for any necessary follow-up.
• Follow-Up: If you have additional concerns after making a report, or if you acquire more information, you can contact the Department of Children and Family Services for updates or to provide further details.

How a Foster Care Abuse Lawyer Can Help

A foster care abuse attorney plays a pivotal role in navigating the complex legal landscape surrounding such sensitive issues.

They can offer invaluable assistance by:

• Conducting thorough investigations to gather evidence
• Offering expert advice on your rights and available options
• Ensuring compliance with all legal deadlines and procedural requirements
• Negotiating with defendants or insurance companies for fair compensation
• Securing testimony from expert witnesses to strengthen your case
• Representing you effectively in court, should your case go to trial
• Providing emotional support and guidance throughout what can be a highly distressful experience

The Cost of Hiring a Foster Abuse Lawyer

When it comes to hiring a lawyer for a foster abuse case, one of the primary concerns is often the cost. Our firm proudly operates on a contingency fee basis, which alleviates this worry for our clients.

Under this payment structure, you do not pay any upfront fees or hourly rates. Instead, our payment is contingent upon winning your case. Our firm’s legal fee is a percentage of the compensation you’re awarded, and we only get paid if you get paid.

How Long Does It Take to Settle a Foster Child Abuse Case?

Settling a claim of abuse doesn’t adhere to a rigid timeframe; instead, it fluctuates depending on various factors, including

• The complexity of the case
• The amount of evidence available
• The cooperation level of involved agencies in providing the necessary evidence
• Response time and availability of key witnesses
• Willingness to settle among parties involved
• Attorney competence

Generally, resolving a foster child abuse case can take several months to a few years, primarily hinging on the listed factors and how efficiently they are managed throughout the legal process.

How Common Is Abuse in Foster Care?

On any given day in the United States, approximately 440,000 children are living in foster care. [2] Statistics regarding this population reveal concerning trends and highlight the challenges facing children in the welfare system:

• Reasons for Entering the Welfare System: Being neglected is the most common reason, accounting for 76% of cases. Physical abuse follows at 16%. Sexual abuse is the reason in 9% of cases. [3]
• Exposure to Trauma: According to the Department of Health and Human Services, about 90% of children in foster care have been exposed to trauma. [4]
• Post-Traumatic Stress Disorder (PTSD): 25% of foster children experience PTSD, which is twice the rate of U.S. war veterans. Foster children often suffer from high rates of depression and low self-esteem. [5]

Contact an Experienced Foster Care Abuse Attorney Today!

If you suspect foster care-related abuse or have been a victim, it’s imperative to act quickly and connect with an experienced attorney who specializes in these sensitive cases.

At Rosenfeld Injury Lawyers, we’re committed to advocating tirelessly for the rights of those who have suffered within the foster care system—something that is supposed to be a safe haven for children. Whether you’ve been sexually abused, are suffering from neglect, or are facing any other type of abusive situation, we are here to help and protect you.

Don’t carry this burden alone—reach out today for compassionate support and dedicated legal assistance that can help pave the way toward justice and healing.

Contact our Chicago foster care abuse lawyers today and schedule your free consultation. Reach out online or call us at (888) 424-5757 and let us help you get the best possible outcome.

Specific Cases We Handle

• Chicago Hazing Lawsuits
• Chicago Hotel Sexual Assault
• Chicago Massage Therapy Assault

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895

We also serve clients from Buffalo Grove, Decatur, Schaumburg , Springfield and throughout Illinois.

Resources: [1] CBS News, [2] Voices For Children, [3] Kids Count, [4] Department of Health and Human Services, [5] Voices For Children

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.