Suing the State or County for Foster Care Sexual Abuse

Understanding Your Rights in Government-Run Foster Care

When a child suffers sexual abuse in a foster home, the pain cuts deeper knowing that government agencies were supposed to prevent it. 

In New York State, both local and state-level agencies share a duty to protect children placed in foster care. If that system breaks down, families may have the right to sue the responsible public entity.

At Horn Wright, LLP, our sexual assault attorneys help families understand what legal options exist after foster care abuse. Suing the state or county is complicated. But when handled with care and experience, it can lead to justice, accountability, and healing. If you're considering this path, we’ll walk with you through every legal step.

When Government Liability Applies in Foster Care Abuse

Liability starts with a failure to act. In many New York abuse cases, that failure is linked to neglectful oversight. Government agencies can be held responsible when they:

• Approve unqualified foster parents
• Ignore warnings about unsafe placements
• Fail to investigate abuse allegations promptly

In these situations, the state or county agency overseeing the placement shares legal accountability. This includes agencies that licensed the foster home or failed to remove a child after warning signs appeared.

A foster child’s safety isn’t just a moral obligation for the government. It’s a legal one. And when they fall short, families can bring legal claims directly against them.

Oversight by New York State and Local Social Services

Foster care oversight in New York comes from two levels. The New York State Office of Children and Family Services (OCFS) handles licensing and broad supervision. But county Departments of Social Services (DSS) manage day-to-day placements.

That means local caseworkers and state supervisors both play roles in protecting children. If a child experiences abuse, both entities could share liability, depending on who made decisions or ignored red flags.

For example, if Monroe County DSS placed a child in a home with prior allegations and failed to act on new concerns, the county could be sued for negligence. If OCFS failed to revoke that foster parent’s license despite repeated issues, the state may also be liable.

Filing a Notice of Claim in New York

Before suing any government body in New York, families must file a Notice of Claim under General Municipal Law Section 50-e. This document tells the agency you intend to sue and gives them a chance to respond.

Important details:

• Deadline: You must file the Notice of Claim within 90 days of the incident or of learning about the abuse.
• Delivery: It must be delivered to the correct public entity, either the county DSS or the state.
• Contents: The notice must include basic facts of the abuse, the alleged failure, and the damages.

Filing this notice does not end the process. It’s just the first legal step. After that, you must wait 30 days before formally filing a lawsuit in civil court.

Evidence That Strengthens Government Liability Cases

Lawsuits against public entities demand strong evidence. In these cases, families must show how the government knew, or should have known, about the risk and failed to act.

Helpful types of evidence include:

• CPS investigation reports
• Prior complaints about the same foster parent
• Internal emails from DSS or OCFS
• Records showing failure to conduct safety checks
• Documentation of ignored red flags

Attorneys may also obtain deposition testimony or subpoena confidential agency communications. The more clearly a pattern of inaction is shown, the stronger the case becomes.

Proving Negligence or Systemic Failures

At the heart of these cases lies the concept of government negligence. Your legal team must prove that a duty existed, that duty was breached, and the breach caused harm.

That harm often stems from:

• Assigning children to unvetted homes
• Ignoring repeated complaints about misconduct
• Failing to discipline foster agencies with bad track records
• Delayed or failed investigations of reported abuse

In some cases, the issue goes deeper. If a county DSS routinely cuts corners or disregards safety policies, that’s not just one mistake. It may point to a systemic failure. These failures can impact not just one child, but many, and lawsuits can help bring those patterns to light.

Distinguishing State from County Accountability

Suing the right entity matters. In New York, some foster care programs are directly managed by county DSS offices. Others are handled through nonprofit agencies licensed by OCFS.

For example:

• If a caseworker from Nassau County DSS ignored a report, the county may be liable.
• If OCFS licensed an agency that failed to flag abuse, the state may be liable.

Sometimes both levels of government play a part. Your legal team will investigate how decisions were made, who failed to act, and whether those failures align with known policies or violations.

What Happens After You File the Notice of Claim

Once the Notice of Claim is submitted and 30 days pass, your attorney can file a formal lawsuit in civil court. This opens the door to:

• Depositions of government officials
• Full discovery of internal records
• Settlement talks or trial proceedings

New York courts allow lawsuits against counties and the state for negligence. These cases move through civil courts like any personal injury lawsuit, but with stricter deadlines and procedures.

Litigation may take months or even years, but it provides a path to justice that goes beyond internal agency reviews.

Time Limits and Legal Deadlines

Government claims follow shorter timelines than standard personal injury lawsuits. In New York:

• The Notice of Claim is due within 90 days of the incident
• The lawsuit must be filed within 1 year and 90 days after the abuse (unless exceptions apply)

However, under the Child Victims Act (CVA), survivors of childhood sexual abuse may have more time, especially if they were minors when the abuse occurred. It’s essential to speak with a lawyer early to avoid missing deadlines.

Damages Available in a Government Abuse Lawsuit

If successful, lawsuits against the state or county can result in meaningful compensation for survivors. Recoverable damages may include:

• Medical and mental health expenses
• Costs for trauma therapy and long-term care
• Pain and suffering
• Emotional distress

In some cases, courts may also award punitive damages to penalize government actors who acted recklessly or failed to meet their duties.

This compensation can support a survivor’s recovery and future care. It can also force changes within government systems to prevent other children from being harmed.

Final Takeaway: Accountability Starts with Action

When foster care abuse happens, it represents a breakdown in the system designed to protect New York’s most vulnerable children. Families have the right to demand better. Suing the state or county isn’t just about money. It’s about forcing accountability from the agencies we trust to keep kids safe.

At Horn Wright, LLP, our sexual abuse attorneys stand with survivors and families who want to hold public institutions responsible. If your child suffered abuse in a foster home, and you believe government negligence played a role, our trusted legal team can help.