Abuse in the foster care system has been a rampant issue for years. Children are not safe in the care system. There have been incidences of foster families starving kids, sexually assaulting them, and thoroughly beating them for even the smallest of mistakes.
According to Child Welfare, the statistics on abuse in the foster care system is also not accurate. Most of the investigations are internal, and many of them get overlooked. What is clear, however, is that CPS and other child welfare agencies are responsible for placing these children in dangerous homes. Sometimes they may even return them to the homes they initially got abused in.
It is crucial to understand the options available when one has to hold welfare agencies accountable for any abuse that a child may face. Abuse victims have the right to pursue a case against the welfare agency that placed them in harm’s way.
However, it is often difficult to make a case against these government agencies. They are part of qualified and sovereign immunity protection rules that usually protect such government agencies and their officials from tort claims.
But, the 42 U.S.C section 1983 allows foster kids to get compensation for the abuse. In such instances, the caseworkers and agencies are accountable for their behavior and indifference to the harm a child could face in some homes.
If a child has faced abuse in the foster system, parents need to gather evidence, find the right information on how to pursue and progress with the case. With the proper representation, they have the chance to win the case.