Who is Liable for Foster Care Abuse in Washington: Foster Parents, Agencies or the State?

When a foster child is abused or neglected, people will often first ask: “Who is legally liable?” 

The answer depends on the facts. The foster parent, a private foster care agency, the Washington Department of Children, Youth, and Families (or “DCYF”), or a combination of defendants may be responsible.

Kids in foster care are placed under the care of Washington State. Although foster care abuse and neglect can’t always be prevented, the law requires child care agencies and caregivers to do more than merely hope for the best. When they knowingly place a child in danger or ignore warning signs, they can be held legally responsible.

Below, we review who can be liable for foster care abuse in Washington and how an experienced Washington foster care abuse attorney can help families seek justice and compensation.

Can More Than One Party Be Held Liable for Foster Care Abuse?

The short answer is yes. This is because, often, multiple individuals or groups contributed to or allowed the abuse to continue.

Consider these examples: 

• A foster parent abuses a child 
• DCYF fails to investigate or discipline the foster parent after multiple complaints
• Caseworkers place the child in the same dangerous home even after they knew about the abuse risk
• Agency supervisors fail to enforce licensing requirements or ensure basic safety rules are being followed

Every defendant’s actions will be reviewed to determine if they failed to fulfill their legal responsibilities. Often, an investigation will uncover multiple acts of negligence that combined to allow the abuse to happen.

When Are Foster Parents Liable? 

The first person who may be liable is often the foster parent who abused the child. Examples of such abuse include: 

• Physical abuse 
• Sexual abuse 
• Emotional abuse 
• Neglect 
• Medical neglect 
• Spanking or hitting a child too hard 
• Allowing other people to abuse the foster child
• Failure to provide food, shelter, or medical care

Foster parents, like biological parents, have a duty to ensure children in their care are safe. Foster parents may have state-provided liability insurance coverage through their foster care agency. However, that coverage will not apply to illegal acts.

Note: Civil lawsuits are different from criminal cases. Even if criminal charges are never filed—or result in a conviction—foster parents can still be held financially liable in civil court.

Can Foster Care Agencies Be Held Liable? 

Yes, foster care agencies can be held liable. Private foster care agencies can play a role for foster children in Washington.

Responsibilities of many private agencies include: 

• Screening & background checks for foster parents 
• Completing foster home studies 
• Training foster parents 
• Supervising licensed foster homes 
• Monitoring children’s safety 
• Investigating complaints 
• Reporting abuse to the government 

Accordingly, if an agency was negligent in carrying out its responsibilities, it can be held legally responsible for the following:

• Failure to act on reports of abuse 
• Failure to investigate abuse complaints 
• Keeping an abusive foster parent licensed 
• Falsifying foster home inspection records 
• Failure to properly supervise licensed foster homes 
• Failure to recognize obvious warning signs 

Also, simply because an agency didn’t expect abuse does not absolve it of responsibility if it failed to follow established safety procedures.

Can the State Be Held Liable? 

Yes. The State of Washington also has a responsibility to children in foster care. When parents are unable to care for their children, they are placed in the care of the government. That comes with a duty to exercise reasonable care.

State liability may exist if a government employee or agency knew about or should have known about a danger to the child, yet failed to act. Some examples include: 

• Placing children with known abusers or dangerous caregivers
• Ignoring reports of past abuse 
• Failing to investigate abuse complaints 
• Allowing foster parents to work without proper supervision
• Failing to remove children from abusive foster parents after receiving a credible report
• Licensing foster homes that should have failed inspection
• Failure to adequately monitor children after placement 

The Department of Children, Youth, and Families is responsible for licensing foster homes and investigating complaints of abuse. DCYF policies allow for foster homes to be sanctioned or deregulated if an investigation finds a violation that threatens the health, safety, or well-being of a foster child.

Because foster children are placed under the care of the state, Washington courts have allowed cases to proceed against the government when there were actionable failures by state agencies.

What If Multiple People Failed to Protect the Child?

Consider the following example: A foster parent abuses a child for months. Teachers report the injuries to DCYF, but no one follows up. The agency eventually closes the case without speaking with the child. The abuse continues, and the child suffers severe injuries.

In that situation, there may be liability for multiple people and organizations, including:

• The foster parent who abused the child 
• The agency supervising the foster home 
• DCYF 
• Individual workers (in some situations) 
• Any other entity that played a role in placement or supervision

Each situation is unique and requires a review of all the facts to determine who may be responsible.

What Evidence is Used to Prove Liability? 

Each case is different. However, examples of relevant evidence can include: 

• Records from the foster care agency 
• Prior placement history 
• Licensing records 
• Home inspection documents 
• DCYF caseworker notes 
• Medical records 
• Counseling records 
• School reports 
• Photographs of injuries 
• Witness statements 
• Police reports 
• Prior abuse complaints 
• Internal agency discussions about the family 

One of the key issues will be whether someone knew (or should have known) about the risk to the child.

We often find a pattern of abuse or warning signs after obtaining and reviewing foster care records. These facts can be used to show that the abuse should have been prevented.

What Compensation is Available? 

Far too many children who suffer abuse in foster care are left with lifelong injuries and emotional trauma for which they should be compensated. Awards for damages can include compensation for the following: 

• Medical bills 
• Future medical treatment 
• Counseling and therapy 
• Emotional distress 
• Pain and suffering 
• Disability 
• Lost earning capacity 
• Educational support 
• And more… 

Every child abuse claim is different. Some children recover from their injuries. Others require lifelong care. The value of a claim will depend on the facts and severity of injuries.

Why These Cases Require Experienced Representation 

Foster care abuse claims can be much more complex than the average personal injury lawsuit. Government agencies, state and private organizations, insurance companies, and legal immunity defenses will all play a role.

Here’s how an experienced Washington foster care abuse lawyer can help. A skilled lawyer will:

• Investigate your claim 
• Preserve evidence 
• Obtain your child’s foster care records 
• Work with medical and child welfare experts 
• Ensure every liable party is identified 
• Calculate the full value of your claim 
• Negotiate with insurance companies and government agencies 
• File a lawsuit, if necessary 

By holding everyone accountable for their actions, we can help survivors recover compensation and help protect other children from future abuse.

Talk to a Washington Foster Care Abuse Lawyer Today

Finding out who is liable will require a full investigation into the child’s placement, supervision, prior complaints, and decision-making that led to the abuse. An experienced Washington foster care abuse lawyer can review your family’s situation and explain your legal rights. You should not have to suffer in silence. If someone else’s negligence or misconduct allowed your child to be hurt, an attorney can help you hold the responsible parties accountable. Contact us today.