Foster Care Sexual Abuse Investigations: What to Expect

Understanding the Investigation Process in New York

When someone reports sexual abuse in a foster home, the people involved often feel overwhelmed, scared, and unsure of what happens next. 

Families want to know who will respond, how quickly, and what steps will be taken to protect the child. The investigation process in New York can seem confusing, especially if it’s your first experience with Child Protective Services or a criminal case.

At Horn Wright, LLP, our sexual assault attorneys help families understand every phase of this process. Our team has worked with clients throughout New York State, supporting survivors and guiding them through both investigations and legal actions. 

We understand how deeply painful these situations are, and we’re here to offer experienced, trauma-informed support when you need it most.

Why Investigations Start and Who Initiates Them

Investigations into foster care sexual abuse usually begin with a report. In New York, many professionals are legally required to report any suspicion of child abuse. These mandated reporters include:

• Teachers and school personnel
• Social workers and counselors
• Doctors, nurses, and other medical staff
• Law enforcement officers

Once a report is filed, the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) reviews the information. If the allegations meet the legal threshold, they refer the case to the local Child Protective Services (CPS) unit. In many cases, the Office of Children and Family Services (OCFS) also becomes involved, especially if the foster care agency has a pattern of complaints.

The Role of Child Protective Services (CPS)

Once CPS receives a report, they must act quickly. New York law requires CPS to start an investigation within 24 hours if the child’s safety is at risk. Investigators visit the foster home, interview the child (usually in a neutral setting), and speak with other people who may have relevant information. This can include teachers, neighbors, biological parents, and foster siblings.

During the investigation, CPS evaluates:

• The child’s immediate safety and well-being
• Any physical signs of abuse or neglect
• The foster parent’s behavior and home environment
• Past complaints or disciplinary actions

If CPS believes the child is in danger, they can request an emergency removal, placing the child in a different foster home or returning them to relatives if that’s an option.

Law Enforcement Involvement and Criminal Investigation

While CPS focuses on the child’s safety, local law enforcement may launch a parallel criminal investigation. Police departments or sheriff’s offices work to determine if a crime occurred, who committed it, and whether there is enough evidence to file charges.

This process often involves:

• Forensic interviews at Child Advocacy Centers
• Medical exams and trauma assessments
• Digital evidence reviews, such as phone records or messages
• Interviewing the accused and other witnesses

In New York, law enforcement agencies in counties like Westchester, Suffolk, and Monroe often collaborate with CPS during these cases. The goal is to gather all necessary facts while minimizing further trauma to the child.

The Foster Agency’s Internal Review Process

In addition to CPS and police, foster care agencies are required to conduct internal investigations. These reviews examine whether the agency followed proper procedures when placing and supervising the foster parent.

An agency may be held accountable if it:

• Approved a foster parent with red flags in their background check
• Ignored earlier reports of inappropriate behavior
• Failed to conduct timely home visits

OCFS can review the agency’s licensing and oversight practices and may impose penalties or remove their contract if systemic failures are found. Internal investigations are especially important when patterns of abuse show up across multiple homes managed by the same agency.

What Happens to the Child During the Investigation

Protecting the child’s safety remains the top priority. If CPS believes there’s an immediate risk, they can remove the child from the foster home within hours of a confirmed concern.

During an investigation:

• Children may be placed in a different foster home
• Counseling and trauma support services are offered
• The child’s school may be notified to provide additional support
• Medical evaluations are scheduled if needed

In some New York counties, the local Department of Social Services assigns a caseworker to closely monitor the child’s situation while the investigation continues.

How Evidence Is Collected and Evaluated

Evidence is a critical part of both CPS and law enforcement investigations. While each case is different, most rely on a combination of .

Typical sources include:

• Statements from the child or other minors in the home
• Interview transcripts from mandated reporters
• Photos or records of injuries
• Prior complaints filed with the foster agency or OCFS
• Communications between the agency and foster parent

Medical evaluations performed by trained child abuse pediatricians may also be included. These experts are often affiliated with local hospitals or child advocacy centers.

Investigative Timelines and Reporting Requirements in New York

New York requires CPS to complete their investigation within 60 days. In that time, investigators must:

• Document all interviews
• Evaluate the safety of the placement
• Make a formal finding (substantiated or unsubstantiated)

If the abuse is substantiated, CPS creates a report that may become part of the foster parent’s permanent file. The agency may also be required to submit its findings to OCFS. Law enforcement investigations, especially those involving criminal charges, can take much longer depending on the complexity of the case.

Rights of the Child and the Accused During an Investigation

Both the child and the accused have legal rights during the investigation. For the child, those rights include:

• Access to trauma-informed medical care
• The right to be interviewed in a safe, non-threatening setting
• Confidentiality regarding their identity

For the accused, rights include:

• Notification of the allegations
• Legal representation in administrative or criminal proceedings
• The opportunity to respond to the claims

All findings are subject to review, and those named in a CPS report can request an administrative hearing to challenge the decision. The goal is to maintain fairness while ensuring child safety comes first.

Potential Outcomes of an Investigation

Once the investigation ends, CPS and law enforcement determine the appropriate next steps. A substantiated CPS finding means there’s enough evidence to believe the abuse occurred. That can lead to:

• Removal of the foster parent from the system
• Criminal charges if law enforcement finds probable cause
• Civil lawsuits filed by the survivor or their family
• Foster agency penalties or license reviews

If the findings are unsubstantiated, the case may still influence future placements, especially if concerns about supervision or policy violations exist.

Final Takeaway: Understanding Helps Families Prepare

When a child reports sexual abuse in a foster home, the investigation that follows can feel overwhelming. But knowing what to expect—who gets involved, how quickly they must act, and what rights apply—can ease some of that fear. For families across New York, this process is often the beginning of both healing and accountability.

At Horn Wright, LLP, our sexual abuse attorneys know how difficult these situations are. Our attorneys guide survivors and families through every step, from the first report to civil legal action. If you’re facing a foster care abuse investigation and want to understand your rights, our trusted legal team is here to help.