What Qualifies as Foster Care Abuse in Washington State

Kids who enter foster care are supposed to be protected from abuse. But what happens when they’re harmed while in foster care?

Generally speaking, in Washington State and elsewhere throughout the US, children enter foster care after there have been allegations of abuse, neglect, abandonment, drug use, domestic violence, or unsafe living conditions in the home. After removing a child from the home, foster parents and agencies — along with state officials — are legally and morally obligated to protect that child from further abuse.

But it doesn’t always work out that way.

There are times when children suffer further abuse and trauma in foster homes, group homes, residential treatment centers, or other state-supervised placements. If you have questions about what constitutes foster care abuse, who is responsible, or what to do if you suspect a child is being abused in foster care, our skilled Washington foster care abuse lawyers can help.

What Is Foster Care Abuse?

Foster care abuse is any instance in which a child suffers abuse or mistreatment while living in a foster home, group home, residential facility, or other placement supervised or approved by the state.

State law prohibits many forms of abuse and neglect against children, including physical abuse, sexual abuse, emotional abuse, exploitation, and negligent treatment of a child. These laws apply to everyone, including children in foster care.

Some examples of foster care abuse include:

Physical Abuse
Sexual Abuse
Emotional Abuse
Neglect

It is important to note that abuse can be the result of intentional conduct, or it could be the result of negligence, inadequate supervision, unsafe placements, or ignoring prior complaints about a caregiver.

Physical Abuse in Foster Care

Physical abuse involves the intentional infliction of physical harm on a child. Examples include hitting, kicking, burning, shaking, choking, or otherwise hurting a child.

Children who have been physically abused may suffer bruises, fractures, cuts, burns, or other unexplained injuries. Kids who suffer physical abuse may also behave differently. A child may refuse to go back to their foster home, become withdrawn, act out, or fear certain adults.

Sexual Abuse and Exploitation

Sexual abuse and exploitation are among the most serious forms of foster care abuse. Foster children are vulnerable because they are often dependent on their caregivers for housing, financial support, food, transportation, and other basic necessities.

Sexual abuse is defined broadly and includes sexual assault, molestation, sexual contact with a minor, grooming, or sexual exploitation. Sexual abuse of foster children can be committed by:

Foster parents
Older children living in the home
Group home staff
Family friends who have access to the home
Employees of a residential treatment facility
Anyone with contact with the foster child

Sexual abuse of children in foster care may be indicated by:

Depression
Withdrawal from normal activities
Sleep problems or nightmares
Fear of certain adults or being alone
Self-harm injuries
Running away
Sexually active at a young age
Inappropriate sexual behavior
Fear of going home

Caregivers or organizations may have known about previous complaints, allegations, or circumstances that put the child at risk before the abuse occurred. Finding records showing someone knew about the risk before the abuse can be critical to a legal claim.

Emotional Abuse in Foster Care

Foster care abuse doesn’t always leave visible bruises or scars. Emotional abuse can permanently impact children who have already suffered trauma before being removed from their homes.

Examples of emotional abuse include:

Name-calling, belittling, or constantly criticizing a child
Verbally threatening a child or making them fear for their safety
Isolating a child from family, friends, or siblings
Intimidating or bullying a child
Controlling a child by manipulating their emotions
Treating a child like a servant or object
Allowing a child to live in a dangerous, violent, or chaotic home

Emotional abuse can be challenging to prove because there may be no physical evidence. For that reason, many families do not report emotional abuse until years later.

Neglect in Foster Care

Caregivers who don’t provide adequate food, care, supervision, shelter, medical attention, or education for children may be neglecting them.

Neglect can include:

Allowing children to live in dangerous conditions
Leaving a child unattended
Failing to meet a child’s basic needs
Ignoring medical or mental health issues
Using drugs or allowing others to use drugs around the child
Exposing children to violence or abuse by others in the home

Caregivers may not realize they are neglecting a child until someone else points out the issue. In foster care abuse cases, agencies have sometimes been found liable for failing to investigate complaints or continuing to place children with known safety concerns.

Who Can Be Held Responsible for Foster Care Abuse?

Anyone who abuses a foster child may be held liable for their actions. Depending on the facts of your case, caregivers or state agencies may also be liable if they knew about the risk of abuse before it happened — or failed to protect a child from abuse by someone else.

You may be able to hold the following parties responsible:

Foster parents
Group homes
Residential treatment centers
Department of Children, Youth, & Families (DCYF)
Private foster care agencies
Individual staff members or supervisors
Anyone who has access to children in foster care

Foster care abuse lawyers in Washington often look for ways the abuse could have been prevented if caregivers or agencies had followed proper procedures.

Speak with a Washington Foster Care Abuse Lawyer Today

Victims of foster care abuse have rights. Washington foster care abuse attorneys know how to investigate claims of abuse and hold negligent parties accountable. To speak with an experienced attorney about your case, contact our office today.