Washington Foster Care Abuse Attorney Team Here for You
When a child is placed in foster care in the State of Washington, the state has a legal responsibility to ensure the safety of that child and to keep them safe from harm in any home environment. Yet despite this responsibility, harm can still occur. When it does, it may be the result of foster care abuse or neglect.
Foster care abuse can take many forms and includes any physical, psychological, or sexual abuse, as well as neglect from a foster care family. In many instances, foster care abuse is hidden or secretive, and it may take years for a child or their family members to realize that the abuse has occurred. In other situations, foster care abuse can be so extreme as to be immediately noticeable and requires immediate attention.
Types of Foster Care Abuse
Physical abuse includes the types of harm that we most often think of when referring to “abuse.” It can include any physically hurtful conduct, including hitting, kicking, burning, physically restraining a child in a manner that causes injury, exposing a child to the elements in a way that causes harm, or starvation. Under Washington law, physical abuse also includes shaking or throwing a child or interfering with their breathing, especially when meant to correct or retrain the child.
Psychological abuse is mental and emotional harm directed at a child. This can include verbally assaulting a child, humiliation, deliberately subjecting a child to fear or intimidation, isolating and manipulating a child, or withholding care and affection. Psychological harm may not leave physical scars, but it can have a permanent impact on a child’s mental health.
Sexual abuse includes any kind of sexual activity involving a child and is often an incredibly damaging form of abuse cloaked in secrecy and shame. This can include sexual interaction, taking sexual pictures or media of a child, exposing a child to sexual media or images from another, or exposing oneself to a child.
Neglect is a type of abuse that can overlap with physical and psychological harm. It occurs when an adult fails to provide a child with basic needs, including food, water, clothing, warmth, and safety. Neglect can also arise when an adult does not ensure that a child receives appropriate medical attention or basic health needs, such as medicines. Neglect can also can also describe a situation where a child is injured due to lack of supervision.
Victims of Foster Care Abuse
Any child in the foster care system can become a victim of foster care abuse, no matter their age, their support structures, or their resilience. Because foster care abuse does not always occur in the form of black eyes or bruises, it can sometimes be hard to recognize. And children who have been subjected to experiences of neglect or psychological abuse that led to their placement in foster care may have a harder time recognizing when their foster care families are failing to provide them with the physical and emotional care that they deserve. Because children often find it difficult to verbally and emotionally process and express their experiences of abuse until many years after the abuse occurred, families and loved ones may not realize that a child was a victim of abuse until they are much older.
Liability for Foster Care Abuse
The good news is that there are legal options options available for those who experienced foster care abuse, even if they or their family members do not learn of the abuse until many years later. Washington law recognizes that it can be difficult, if not impossible, for children to recognize and process that they are being abused when they are younger. And even if children do have some idea that what is happening to them is wrong, they may be too scared to come forward about their abuse while they are still in the foster care system. For all of these reasons, in sexual abuse cases, Washington law allows adults to bring claims for foster care abuse they experienced as a child based on when they recognize the connection between a third party’s wrongful conduct and the victim’s resulting injury.
Adults bringing foster care abuse claims may consider the liability of numerous different parties. The foster care parents themselves may be responsible for the abuse that occurred, even if the abuse was perpetrated by siblings or other individuals inadequately supervised in their home.
The State of Washington itself and related professionals like social workers may also be responsible if they failed to fulfill their responsibilities by, for example, not conducting required home visits, not investigating reports of abuse, or overlooking clear evidence of abuse. The State of Washington and foster care placement agencies also have a responsibility to ensure that the foster care placements they use are safe before placing a child in a home. If they are not doing so, they may be responsible for any foster care abuse that later occurs.
If you are a family member who raised concerns about a child’s placement in foster care, a child who reported experiencing abuse, or you believe that there were significant errors or failures in how your foster care placement was handled, talking with our Washington foster care abuse attorney can help you understand better the potential legal options that may be available to you. Even if you or a loved one suffered for years in silence, you may be entitled to relief for the harm that occurred.
Foster Care Abuse FAQs
What do foster care lawsuits look like?
If you are a victim of foster care abuse, you may have several legal options available to you. Washington law takes foster care abuse seriously. Washington law allows for civil liability for foster care abuse against individuals involved in abuse, as well as organizational or professionals who may have neglected their responsibilities and allowed abuse to occur. A civil lawsuit seeks monetary compensation rather than a criminal conviction. A Washington foster care abuse attorney can help you evaluate your options and determine what, if any, legal action you may want to pursue.
What if I don’t have my old foster care records or I have a hard time recalling precise details from childhood?
Proving foster care abuse requires evidence showing the harm that a child experienced while in a foster care setting. This can take many forms, including testimony from the victim themselves, as well as from family members or individuals who interacted with the victim, such as a teacher or social worker. Documentation is also evidence and can include foster care records, medical records, and records of reports made to authorities. But these documents are not necessarily required to bring an initial claim for foster care abuse. Very often, documentation comes to light to help support your claim through a process called “discovery” (when other parties or entities are compelled to produce records).
Additionally, courts and attorneys understand that victims of foster care abuse may not have perfect memories from their childhood because of time and the trauma they may have experienced. It is well-established that the trauma of abuse can impact a child’s memories or ability to recall particular details of a harmful event. When you speak with our Washington foster care attorneys, you will have the opportunity to discuss what you or a family member recalls about the foster care abuse that occurred and what other evidence you may have to support your claim of abuse. Even if you do not remember everything that occurred, other witnesses or documents may have information to shed light on the subject.
Speak with a Washington Foster Care Abuse Attorney Today
Our Washington foster care abuse attorney team can be an excellent resource and crucial support to victims considering their legal options. A qualified attorney can help you understand the legal remedies that may be available, discuss what the legal process could look like, answer questions, and help you reach a course of action that works best for your circumstances and needs. To learn more about your options and how best to take action against foster care abuse that you may have suffered, contact Truitt and Lyons online.