What Is Foster Care Negligence in Washington? Examples That May Lead to a Lawsuit

If you or your child experienced harm in the foster care system, monetary compensation may be available. Contact a knowledgeable Washington foster care negligence law firm for an assessment of your options.

Foster parents and agencies are entrusted with providing appropriate care, supervision, and protection for foster children. Unfortunately, this does not always happen. Children can suffer severe and sometimes permanent injuries as a result.

Situations like these can give rise to a legal claim, which in turn may result in a substantial damages award. Knowing some of the most common examples of foster care negligence can help plaintiffs find out whether they have a claim.

If you, your child, or your loved one was injured in a foster home or agency, it’s time to understand your legal rights. An experienced Washington foster care abuse attorney can review your unique circumstances and determine if you have a case for monetary compensation.

What Is Foster Care Negligence Under Washington Law?

Foster care negligence happens when an individual, agency, or organization responsible for caring for a foster child fails to provide a reasonable level of care and protection. This results in actual harm to the child and damages that may be recoverable in a lawsuit. A negligence claim may be established by proving the following elements:

Duty of care: First, the plaintiff must show that the foster parent, agency, or other party owed the child a legal duty to exercise reasonable care.
Breach: Next, there must be evidence of a breach of the duty of care, meaning the party who owed the duty failed to provide suitable care and protection to the child.
Causation: The negligent behavior must have caused the child’s injuries or damages, and sometimes more than one party can share liability.
Damages: Finally, the foster child must have suffered injuries for which monetary compensation is sought through a lawsuit.

What Are Some Examples of Foster Care Negligence in Washington?

Examples of foster care negligence can help potential plaintiffs determine whether they have a case. If your situation sounds similar to the following examples, you should speak right away with a Washington foster care abuse lawyer:

Failure to protect a child from abuse

Foster care providers have a duty to provide a safe environment for the child and take reasonable steps to protect the child from foreseeable abuse or harm by others in the household. If the party responsible for oversight (e.g., the foster care agency) either knows or should reasonably know that abuse is happening but does nothing, liability may result.

Inadequate screening or evaluation of foster parents

Foster care agencies and placement organizations must conduct appropriate screenings and reviews of potential candidates. When done properly, this process can identify problems with a potential foster home. Conversely, the failure to identify known risks or follow required procedures may lead to a negligence claim.

Failure to provide the foster child with medical or mental health care

Foster parents should make sure any healthcare needs the child has, including mental health needs, are promptly addressed. If a child gets into an accident or shows signs of trauma, for instance, the foster parents or caregivers should seek appropriate care. Depending on the circumstances, liability may extend to an agency that failed to meet its legal responsibilities regarding supervision, oversight, or services.

Unsafe living conditions

Every parent, including foster parents, should provide a safe and suitable living environment for the child. But due to lack of supervision or unreasonably allowing unsafe conditions in the home, many parents fail at this. For example, the foster parents may own a dangerous dog but fail to take reasonable steps to prevent it from harming the child.

What Are the Steps to Filing a Washington Foster Care Negligence Lawsuit?

If you or someone you love in the foster care system has been injured due to negligence, there are some important steps you can take to protect the child and seek compensation. Work with our dedicated Washington foster care negligence lawyers on the following:

Report any immediate harm.

If the child is in immediate danger of bodily injury or death, call 911. Otherwise, report any unsafe or unhealthy conditions to the appropriate state or local welfare agency or law enforcement.

Speak with an attorney.

Before taking any further steps, contact a law firm experienced in Washington foster care negligence cases. The attorney can guide you on what to do next.

Begin the initial investigation.

Your attorney can use both informal and, later, formal means to investigate the negligence and determine who is liable. As mentioned above, more than one party may be liable for the child’s injuries.

Obtain evidence.

Many forms of evidence can only be acquired after a lawsuit is filed, while others may require additional court procedures or authorizations. Regardless, the evidence in your particular case could include:

Photos and videos
Witness statements
Foster care placement and other internal records
Caseworker notes and agency reports
Medical and mental health records
School records
Police incident reports and complaints
Court records

File and serve a claim and then file a lawsuit.

Once the attorney determines there is evidence of negligence against the State, they can file a claim against the State of Washington. If the State does not pay the claim, the attorney can file a lawsuit and serve it on the defendants. There are strict filing deadlines and procedures involved, so consult an attorney.

Conduct discovery.

Discovery is the formal request and exchange of relevant information and evidence. Examples of discovery tools include subpoenas, requests for documents, and depositions.

Obtain a settlement or go to trial.

Your attorney will work to settle the lawsuit, if possible, with the at-fault parties and /or their insurance companies. This may include mediation. If negotiations are unsuccessful, your lawyer may then proceed to trial.

FAQs: Washington Foster Care Negligence Lawsuits

Who files a foster care negligence lawsuit?

Depending on the circumstances, a parent, legal guardian, guardian ad litem, or another court-appointed representative may file on behalf of an injured child. If the injured party is now an adult, they can sue on their own. Identifying the correct plaintiff is important, so talk to our Washington foster care negligence attorneys.

What damages may be available?

Plaintiffs may be able to recover various damages, including compensation for the child’s medical bills, therapy or counseling expenses, and disability costs. Some foster children will never be able to reach their full potential, so they could claim damages for future loss of earning capacity. Non-economic damages like emotional distress / pain and suffering may also be available. Our seasoned Washington foster care abuse attorneys can guide you.

Is there a deadline to file a lawsuit?

Many Washington personal injury negligence claims are governed by a three-year deadline to file known as the statute of limitations. However, foster care negligence cases could be subject to a different deadline depending on the child’s age and other factors. If you file too late for the applicable deadline in your case, the court will dismiss the lawsuit. Speak with an attorney early to preserve your rights. In cases of sexual abuse, the statute of limitations can be a much longer period depending on the circumstances.

Let Our Compassionate Legal Team Provide the Counsel You Need

The Washington foster care abuse law firm of Truitt and Lyons understands the complexities of foster care negligence matters. We’re ready to explain your legal rights and options and help you claim the compensation to which the law entitles you. To learn more or to get started on your case, give us a call or complete our online contact form today.