Can You Sue a Foster Agency for Sexual Abuse by Foster Parents

Understanding Legal Responsibility in New York State

When sexual abuse happens in foster care, the damage reaches far beyond the individual act. It breaks trust in a system that was supposed to offer safety. For survivors and families, it often raises an urgent question: Who else allowed this to happen? 

In New York, the law recognizes that foster agencies can share responsibility when abuse occurs under their supervision. These agencies have a duty to protect children, and when they fail, legal consequences follow.

At Horn Wright, LLP, our sexual assault attorneys help survivors of foster care sexual abuse understand their rights and hold negligent agencies accountable. With deep experience in New York civil litigation and Child Victims Act claims, our team supports survivors seeking justice from institutions that failed them. 

Legal Duty of Foster Agencies in New York

Foster care agencies, whether public or private, carry a legal responsibility to protect children placed in their care. This includes both day-to-day safety and long-term well-being. In New York, these agencies operate under rules set by the Office of Children and Family Services (OCFS), which requires thorough background checks, ongoing supervision, and consistent home visits.

When an agency places a child with a foster parent, it must:

• Vet the foster home for past abuse allegations or criminal behavior
• Provide proper training to the foster parent
• Monitor the home regularly for signs of distress or danger
• Respond immediately to any complaints or red flags

Agencies are not just expected to respond to problems, they must actively prevent them. If a foster agency cuts corners or fails to enforce safety procedures, it may become liable for the harm caused.

When Agency Negligence Becomes Legal Liability

In a civil lawsuit, proving negligence is often central to holding a foster agency accountable. Negligence means the agency failed to meet its legal duty to act with reasonable care. In the context of foster care abuse, that often involves misjudgment, missed warnings, or failure to act when concerns surfaced.

Examples of agency negligence:

• Placing a child with someone who had past complaints or criminal investigations
• Ignoring or minimizing warning signs from teachers, doctors, or the child
• Delaying home visits or failing to follow up on caseworker reports
• Failing to remove a child after credible reports of abuse

When these failures contribute directly to sexual abuse, the agency may be named as a defendant in a civil claim. These lawsuits can bring accountability that criminal courts sometimes do not provide.

New York Cases Where Agencies Were Held Accountable

Several legal actions in New York highlight how agencies have been held liable for abuse by foster parents. In one instance, a Bronx-based agency was sued after placing children with a foster father who had prior child abuse allegations on record. Despite those red flags, he continued to take in new placements.

Another case in Albany involved a group home that ignored multiple staff reports about inappropriate behavior by a foster care provider. A later investigation by OCFS confirmed that staff supervision had been inadequate and policy violations were ignored.

These outcomes are public because they point to system-level failure. Civil litigation exposes how negligence unfolded, and often leads to changes in agency policies or licensing procedures.

Child Victims Act: Extending Time to File Civil Claims

The New York Child Victims Act (CVA) changed the legal landscape for survivors of childhood sexual abuse. This law extends the window to file a civil lawsuit against abusers or negligent institutions, even if the abuse happened years or decades ago.

Under the CVA:

• Survivors can file civil claims until age 55
• Institutions, including foster care agencies, may be named as defendants
• Claims once considered expired can now move forward

The law has empowered thousands of survivors across New York to finally seek justice. Whether the abuse happened in a private home, group home, or licensed agency facility, the CVA recognizes that healing and accountability can take time.

What Survivors May Recover in a Civil Lawsuit

Filing a civil lawsuit does more than assign blame. It allows survivors to seek financial compensation that can support emotional healing and long-term care. Damages are not guaranteed, but successful claims often include recovery for:

• Emotional trauma and pain suffered due to the abuse
• Counseling or therapy costs, both past and future
• Impacts on future relationships, employment, or education
• Medical expenses tied to long-term mental health care
• In some cases, punitive damages to punish egregious agency conduct

Each case is different, but courts in New York have shown a growing awareness of how deep and lasting this kind of trauma can be.

Challenges Survivors May Face When Suing an Agency

Bringing a lawsuit against a foster agency is never simple. These institutions often have legal teams that work to protect them from liability. Survivors and their attorneys must gather clear documentation, credible testimony, and strong legal reasoning to build a case.

Potential challenges include:

• Limited access to agency records or caseworker notes
• Defenses based on government immunity laws (for public agencies)
• Changes in staff or management that affect witness availability
• Emotional difficulty in reliving abuse during the legal process

Despite these obstacles, many survivors succeed in civil court with the help of trauma-informed legal teams. In many New York cases, agency records and state investigations have helped tip the scales toward justice.

What to Expect From the Legal Process

If you or someone you love is thinking about suing a foster agency for abuse, understanding the process can help reduce uncertainty. While every case is unique, the general path often looks like this:

1. Initial investigation – Collect records, reports, and statements
2. Filing the complaint – Submit a formal claim in state court
3. Discovery – Both sides share documents and interview witnesses
4. Pre-trial motions – Legal teams may challenge evidence or jurisdiction
5. Settlement or trial – Many cases resolve in confidential settlements, others proceed to court

Some lawsuits take over a year to complete. Others move more quickly if key facts are undisputed. Survivors retain the right to pause, stop, or continue their case at any point.

Choosing the Right Attorney for Foster Care Abuse Claims

Not every attorney understands the unique nature of foster care abuse cases. Survivors benefit from working with legal teams that know both the law and the emotional toll of these lawsuits.

Tips for choosing legal support:

• Ask if the firm has handled foster care sexual abuse cases
• Look for experience with Child Victims Act litigation
• Choose someone who offers trauma-informed guidance
• Confirm knowledge of OCFS records and foster care procedures in New York

At Horn Wright, LLP, our attorneys combine deep legal skill with empathy. We understand the pain and the stakes involved, and we take action to protect your future.

Final Takeaway: Agencies Must Be Held Accountable

Foster care abuse is never the child’s fault. When agencies place children in unsafe homes or fail to act on reports of abuse, they should answer for that harm. In New York, the law provides a path to do just that.

At Horn Wright, LLP, our sexual abuse attorneys help survivors take back their power and pursue justice. If you’re wondering whether you can sue a foster care agency for abuse that happened to you or a loved one, we’re here to talk through your options and guide you forward.