Sexual Abuse by Other Foster Children: Liability Explained

Understanding Accountability in Peer-On-Peer Foster Care Abuse

Sexual abuse in foster care does not always come from caregivers or adults in authority. In some cases, the harm comes from other children placed in the same home. Peer-on-peer abuse leaves lasting trauma and often goes unnoticed or ignored by the very institutions meant to prevent it. 

In New York, foster agencies, parents, and state or county departments all have a legal duty to protect every child in their care. When they fail, survivors have options. 

At Horn Wright, LLP, our sexual assault attorneys represent those who experienced sexual abuse while in foster care, including those harmed by other children, and help them pursue justice through civil claims and survivor-centered advocacy.

Understanding Peer-on-Peer Abuse in Foster Care

Peer-on-peer abuse occurs when one foster child sexually harms another. This may involve force, coercion, grooming, or exploitation, even if both children are minors. These incidents often happen in shared bedrooms or unsupervised spaces within a home or group setting.

Children placed in foster care often carry trauma from previous abuse or neglect. Some may exhibit sexually aggressive behavior. When agencies fail to assess or act on those risks, they place other children in danger. In these situations, the harm is not isolated or accidental. It often stems from systemic negligence.

Foster Agency Responsibility for Preventable Harm

Foster care agencies have a duty to create safe placements. This means more than basic screening. Agencies must:

• Review behavioral histories of all foster children
• Avoid placing high-risk youth with younger or vulnerable children
• Provide foster parents with necessary background and training
• Follow up with in-home visits and documentation

If an agency places a known aggressive child with another and fails to supervise or separate them after red flags emerge, the agency may be liable. Civil claims often examine whether the abuse could have been foreseen and prevented. Under New York law, negligence claims require proof that the agency breached its duty of care. When a child suffers harm as a result, the agency may be held financially accountable.

Group Homes and Congregate Settings: Heightened Risk

Group homes carry a higher risk for peer-on-peer abuse due to the number of children in a shared environment. These settings are often understaffed. Children with known behavioral issues may be housed together without enough oversight.

Common conditions contributing to abuse in group homes:

• Lack of nighttime supervision
• Unlocked bedrooms or unsupervised hallways
• Delayed responses to reported incidents
• Inadequate staffing ratios

In New York, the Office of Children and Family Services (OCFS) oversees the licensing and monitoring of residential foster care programs. A facility’s failure to follow OCFS guidelines may be used as evidence in civil lawsuits.

Liability of Foster Parents and Caregivers

Foster parents are required to supervise all children in their home. If a foster parent knows or suspects that one child is harming another and fails to act, they may be liable for negligence. Key signs of legal fault include:

• Ignoring obvious warning signs (e.g., aggression, fear, isolation)
• Leaving children unsupervised in high-risk situations
• Failing to report abuse to authorities or caseworkers

In New York, foster parents must follow mandatory reporting laws. Failure to report suspected sexual abuse can lead to both civil and criminal consequences. Survivors may also name individual foster parents as defendants in a civil claim.

State and County-Level Liability in New York

In many foster care cases, the liable party is not just the caregiver or private agency but also the government body overseeing the placement. In New York, this may include:

• The county Department of Social Services (DSS), such as Suffolk or Monroe County
• The New York State OCFS when it supervises contracts or licensing
• Local ACS (Administration for Children’s Services) in New York City

When a government body approves a placement despite prior warnings, ignores complaints, or fails to enforce safety protocols, it may be found liable. Claims involving state or county actors must follow specific notice and filing rules, such as submitting a Notice of Claim within 90 days in certain cases.

Reporting and Investigating Peer Abuse in Foster Care

New York mandates that teachers, counselors, and foster caregivers report suspected abuse. Once reported, the following typically occurs:

1. The child is moved to a new placement for safety.
2. The agency initiates an internal investigation.
3. Law enforcement or child protective services may open a criminal inquiry.
4. Medical and psychological evaluations are arranged for the child.

The Child Protective Services Manual from OCFS outlines procedures for responding to abuse allegations, including those involving foster children. Accurate documentation, early reports, and follow-up interviews all become vital pieces in a future civil case.

Legal Options for Survivors and Families

Victims of peer abuse in foster care may file civil lawsuits against:

• Foster care agencies
• Group home operators
• Individual foster parents
• Government departments

Unlike criminal cases, civil lawsuits seek financial compensation for the harm. A survivor may be entitled to damages for:

• Psychological trauma and pain and suffering
• Medical and therapeutic expenses
• Loss of future earnings
• Punitive damages, in severe or repeated neglect cases

An attorney can evaluate whether the foster agency, caregivers, or county officials failed to prevent foreseeable harm. In many situations, even if the abusive child is too young to be criminally charged, the adults responsible for the unsafe environment may still be liable in civil court.

Statute of Limitations in Peer Abuse Claims

New York’s Child Victims Act allows survivors to file civil claims until age 55. This extended window accounts for delayed reporting, which is common among children who suffer abuse.

In cases involving public agencies, there may be shorter notice deadlines. Survivors typically must:

• File a Notice of Claim within 90 days of the abuse (or discovery of harm)
• File a formal lawsuit within one year and 90 days of that notice, unless tolled

Exceptions may apply, especially when the survivor was a minor. Attorneys can help determine the right timelines and whether the Child Victims Act or other exceptions apply.

Challenges in Proving Liability and How Lawyers Help

Liability can be complex when both children involved are minors. A strong civil claim often depends on showing what adults or institutions failed to do. Experienced attorneys assist by:

• Reviewing placement records, complaint logs, and agency files
• Interviewing former staff or caregivers
• Working with child psychologists to establish trauma and future care needs
• Collecting evidence of policy violations or ignored red flags

At Horn Wright, LLP, we use trauma-informed methods to build each case with care and dignity. Survivors do not need to relive their pain to pursue justice.

Protecting a Child's Identity and Mental Health During a Case

New York courts recognize the need for privacy in child abuse cases. Attorneys can:

• Request the court to anonymize the survivor’s identity
• Limit deposition exposure or delay testimony until the survivor is ready
• Coordinate with therapists to support emotional stability

These protections help reduce stress and allow survivors to participate without fear of retaliation or public exposure.

Final Takeaway: Institutions Must Protect Children From Each Other

When foster children harm each other, the responsibility falls on the adults and agencies that failed to prevent the abuse.

Peer-on-peer sexual abuse is traumatic, but survivors do not have to face the aftermath alone. Legal options exist to hold systems accountable and provide the support needed for healing.

Our legal team at Horn Wright, LLP, stands with survivors across New York. We know how to navigate complex foster care claims, and we treat every client with respect. 

If you or someone you love suffered harm while in foster care, reach out to us for a free case review. Start taking action toward real recovery today.