A foster care abuse claim is a civil case brought by or for a child who was sexually abused while in the custody of a social services agency, whether in a foster home, a kinship placement, a group home or a residential facility. It can involve the abuser, the private agency that licensed or supervised the home, and in some circumstances the public agency responsible for the child.
Blank Kim Injury Law represents foster care survivors from our Fairfax office, including adults who aged out of care and are ready to talk about it now. We know many survivors grew up without anyone in their corner, and we take time to earn trust. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
If a child in care is at risk right now
- Call 911 if a child is in immediate danger.
- Call the Virginia Child Protective Services hotline, 1-800-552-7096, to report suspected abuse in any placement. Reports can be made at any hour.
- Tell the child’s caseworker, guardian ad litem or court-appointed special advocate, if there is one.
- Survivors of any age can reach the RAINN National Sexual Assault Hotline at 1-800-656-4673.
Making a report does not require proof. Trained investigators take it from there. More options are in our guide on how to report sexual abuse in Virginia.
Who is responsible for a child in foster care
In Virginia, foster care is administered by local departments of social services under state oversight. Many children are placed through private child-placing agencies licensed by the state, which recruit, train, approve and monitor foster homes. Each layer has duties:
| Who | Typical responsibility |
|---|---|
| Local department of social services | Legal custody, case planning, placement decisions, caseworker visits |
| Private child-placing agency | Home studies, background checks, foster parent training, monitoring of the home |
| Group home or residential provider | Staff screening, supervision ratios, separating vulnerable children from aggressors |
| Foster parent or household member | Direct care, and never abusing the child |
| State oversight agency | Licensing standards for agencies and facilities |
Abuse is often committed by a foster parent, but just as often by another adult in the household, an older child placed in the same home, or a staff member at a group facility. Where the placement was a locked or secure program, see also our page on juvenile detention and youth facility abuse.
Failures that lead to abuse in care
- Approving a home without a complete home study or background check of every adult living there
- Placing a child with a known history of harming others in a home with younger or vulnerable children, without a safety plan
- Ignoring a child’s disclosure, or treating it as a behavior problem
- Missed caseworker visits, or visits that never included speaking with the child alone
- Leaving a home open after earlier reports or complaints
- Overcrowding a home beyond what the family could safely supervise
Children in care often move frequently and lose track of records, adults and even their own files. That is not a barrier to a claim. Case files, court orders and licensing records usually exist and can be obtained.
Immunity and claims involving public agencies
Claims touching a public social services agency are more complicated than ordinary injury cases. Local governments have immunity for many governmental functions, claims against a Virginia locality generally require written notice under Va. Code § 15.2-209, and claims against the Commonwealth follow the Virginia Tort Claims Act, with its own notice requirement under Va. Code § 8.01-195.6 and a limit on recovery. Those notice clocks are short.
Private child-placing agencies, group home operators and individual abusers generally do not share a public agency’s immunity. Federal civil rights law may also reach officials who knew of a serious risk to a child in state custody and disregarded it. We examine each possible defendant separately. For the notice rules, see our guide to government claim notice in Virginia.
Time limits for foster care survivors
Virginia’s statute of limitations has special provisions for sexual abuse suffered as a child, in Va. Code § 8.01-243(D) and Va. Code § 8.01-249(6), which can differ from the usual two-year rule. Notice requirements for government defendants run separately. Many foster care survivors first seek help in their twenties or later; have an attorney look at your dates rather than assuming the door is closed. Read more in our Virginia sexual abuse statute of limitations guide.
Who can bring a foster care abuse claim
While a survivor is still a minor, a claim is usually brought on their behalf by a parent, guardian or other adult with legal authority, and the court may need to approve any settlement. Once the survivor is an adult, they bring the claim themselves. Relatives who later adopted or took custody of a child often contact us first, and we can explain how the process works for the child they are raising. Related guidance is on our child sexual abuse page.
How our firm approaches these cases
- Listening first. A confidential conversation, by phone or at our Fairfax office on Chain Bridge Road.
- Reconstructing the placement history. We gather case files, court records and licensing files to identify every home, agency and caseworker.
- Meeting notice rules. Where a public body is involved, we act quickly to protect the claim.
- Pursuing accountability. We press the claim against each responsible party and go to court when needed.
Learn more about our Virginia sexual abuse practice or contact us.
