Understanding Your Foster Care Sex Abuse Claim
If you or a loved one suffered sexual abuse while in foster care, California law gives you the right to pursue financial compensation. Survivors can hold foster parents, caretakers, agencies, or government entities accountable.
And what about your claim?
Knowing whether you have a claim comes down to a few key elements. Testimony from the victim is one of the most important forms of evidence. But supporting proof strengthens the case—such as medical records, witness statements, or past complaints against the abuser.
It’s important to identify the foster agency, county, or other entity responsible for placing or supervising the abuser, since liability may extend beyond the individual offender. With the evidence and a connection to the responsible parties in place, survivors can move forwards toward accountability and recovery.
If you’re not sure whether you have a valid claim, contact a foster care sex abuse lawyer in Los Angeles like Sunset West for a confidential and free consultation.
Statute of Limitations for Child Sex Abuse In California
Worried that too much time has passed to file a claim? If you were a minor when the sexual abuse occurred, California law lets you seek damages against your abuser many years later. Under Assembly Bill No. 218, adult survivors now have until their 40th birthday to file a civil claim.
For incidents of child sexual abuse occurring on or after January 1, 2024, the statute of limitations has been removed entirely.
These changes reflect an important step forwards. Many survivors of child sexual abuse are not able to recognize, disclose, or act on what happened to them until much later in life. By expanding the time window, California law gives survivors the chance to hold abusers and institutions accountable.
What Damages Can Be Recovered?
Survivors of foster care sexual abuse can pursue compensation for economic damages—such as medical bills and treatment —as well as emotional damages. Among the most common types of damages recovered in foster care sexual abuse lawsuits are:
- Emotional injuries. Compensation may be available for the deep emotional harm and distress that survivors continue to experience.
- Psychological anguish. Survivors can recover damages for the long-term mental health effects of abuse, such as anxiety, depression, or PTSD.
- Pain and suffering. This category accounts for the physical and emotional toll of abuse, recognizing how it impacts daily life and well-being.
- Medical or mental health services. Survivors may recover costs for hospital visits, therapy, counseling, or other related medical care.
- Future medical or mental health treatment. Compensation can also cover anticipated treatment needs, ensuring survivors have access to the care they may require for years to come.
- Punitive damages. In cases involving especially reckless or egregious conduct, courts may award additional damages designed to punish wrongdoers and deter future abuse.
Examples of Compensation Claims in California
$4 billion awarded to 7,000 victims of child sex abuse in Los Angeles
In Los Angeles County, the Board of Supervisors approved a $4 billion settlement to resolve nearly 7,000 claims of sexual abuse in county-run juvenile facilities and foster homes. It was the largest sex-abuse settlement in U.S. history. The county is taking responsibility for institutional failures, including inadequate screening, supervision, and oversight of staff in facilities like the now-closed MacLaren Children’s Center.
$25 million settlement for three siblings abused by foster parent in Sonoma County, California
In Northern California (Sonoma County), a jury awarded nearly $25 million to three siblings abused by a foster parent. The jury found that the placement agency, Alternative Family Services, bore 60 % of the liability (≈ $15 million), while the foster parent Mark Zapata Martinez was responsible for 35 % and his wife 5 %. The agency was found to have failed in properly assessing, supervising, and vetting the foster home.
$7.8 million compensation to foster child placed with abusive older brother in San Bernardino, California
San Bernardino County agreed to pay $7.8 million to a foster child and his adoptive parents after officials placed him with an older brother known to have a history of sexual misconduct, despite repeated red flags, with the lawsuit alleging negligence and concealment by a county social worker.
Who’s the Best Foster Care Sex Abuse Lawyer in Los Angeles?
When it comes to foster care sexual abuse cases, the “best lawyer” is not always the one with the most advertising, or the one who takes on the largest number of cases.
What matters most is having access to the right legal network. This means experienced attorneys who have successfully collaborated with experts in the field, and together can navigate California’s complex foster care system.
About Sunset West Legal Group
At Sunset West Legal Group, over the years we have built close partnerships with some of Los Angeles’ top trial attorneys who specialize in child sexual abuse cases.
By speaking with us, you not only gain a trusted advocate on your side, but also immediate access to the leading lawyers in this field. Our role is to ensure that your case is placed in the hands of the right legal team—one with the proven track record and resources to fight for the maximum recovery you deserve.
Who’s to Blame for Foster Care Sex Abuse?
The person or agency to blame for foster care sex abuse depends on the claim.
In California, oversight of the foster care system falls under Child Protective Services (CPS). This organisation investigates reports of child abuse and neglect. But in certain cases a lawsuit may be filed against the California Department of Social Services (CDSS), which administers statewide foster care programs and licensing.
In Los Angeles County, the authority over foster care is handled by the Department of Children and Family Services (DCFS). DCFS manages placements, investigates complaints, and is expected to protect children in the foster system.
But it’s not always county or state organizations who are to blame. Liability may also extend to individuals and organizations directly involved.
This could mean:
- Foster parents who commit or enable abuse
- Biological parents whose actions created unsafe conditions
- Private foster care agencies that fail to screen or supervise placements
- Other caretakers or professionals who ignored warning signs
Common Forms of Sexual Abuse in Foster Care
Sexual abuse in foster care can take many forms, and not all are immediately obvious. Survivors may endure direct physical abuse, psychological manipulation, or situations where they are exposed to inappropriate material or pressured into harmful activities.
Understanding the different ways abuse can occur is an important step in recognizing what happened and holding the right parties accountable.
- Inappropriate touching. Any unwanted or intentional sexual contact with a child’s body, including over or under clothing, or forcing the child to touch the abuser.
- Verbal sexual harassment. Sexual remarks, threats, or coercive language directed at a child, which can create a frightening and unsafe environment.
- Exposure to sexual content. Showing a child pornography, sexually explicit images, or involving them in the creation of such material.
- Sexual exploitation. Manipulating or pressuring a child into sexual activity in exchange for money, gifts, or other benefits, sometimes tied to trafficking.
- Prostitution and sex trafficking. Coercing foster youth into prostitution or moving them between homes for the purpose of exploitation, often by organized networks.
- Rape or attempted rape. Forced or coerced sexual intercourse, or attempted intercourse, without consent—including any form of penetration.
- Forced sexual activities with others. Compelling a child to engage in sexual acts with other children or adults, furthering the cycle of exploitation.
How a Foster Care Sex Abuse Lawyer Can Help
Attorneys play a crucial role in helping survivors of foster care sexual abuse pursue compensation. A skilled lawyer will collect evidence, interview witnesses, and build the strongest possible case on your behalf.
A lawyer will handle the legal complexities—filing lawsuits, negotiating with agencies or insurance companies, and, if necessary, representing you in court.
Many victims of sex abuse while in foster care are unsure whether they have a case. Or even who may be responsible. Many survivors struggle with doubts, painful memories, or the fear of speaking up.
A compassionate foster care sex abuse attorney should first of all help you with a free and zero-pressure consultation. This is to sort through the facts, explain your legal options, and move forward at a pace you are comfortable with. You don’t need to have every answer before reaching out—the first step is simply having a confidential conversation with a lawyer who understands what you’re going through.
Click here to schedule a free consultation with a Sunset West Legal Group lawyer. Or call us on: 310.282.8888
At Sunset West Legal Group, we understand that every injury case is different. We have recovered millions for our clients by advising them on the next steps, negotiating on their behalf with powerful insurance companies, and even representing clients in court in front of a jury. Your free consultation is the first step in letting us help you get the justice and compensation you deserve.