Sexual Abuse in Foster Care
"*" indicates required fields
Author: Kathryn Kosmides
Survivor Advocate
Key Takeaways
- Children and teens in foster care are highly vulnerable to sexual abuse, with studies indicating that a significant percentage have experienced abuse at least once.
- Children placed in group homes or with unknown individuals or families face an even greater risk of abuse, with one study finding that 81% of adolescent girls in foster care had experienced sexual abuse.
- Victims of childhood sexual abuse in foster care or group homes have legal rights and options to seek justice and compensation, including potentially filing a civil lawsuit against the organization who placed them in harm’s way.
What is Foster Care Abuse?
Foster care is a temporary living solution for children who are unable to live with their birth parents for specific reasons. Their parents may have passed away or have ongoing medical or legal issues that lead them to be unable to care for their child. In the worst cases, children were abused or otherwise treated poorly by their birth parents.
Foster care abuse is the physical, emotional, or sexual abuse of a child within the foster care system.
When authorities remove a child from the family home, they place the child in temporary foster care. Adults who care for children in foster care may be extended relatives, friends of the family, or unknown to the child prior to the new living arrangement.
Foster care abuse can be perpetrated by anyone within the foster care system, but in our work we have seen foster care parents and foster siblings be the main perpetrators of foster care sexual abuse.
If you or someone you know experienced foster care abuse, you have legal rights and options and deserve to be supported and informed.
- What is Foster Care Abuse?
- Foster Care Sexual Abuse Examples
- Signs of Foster Care Child Sexual Abuse
- Foster Care Sexual Abuse: Reporting Options & Legal Rights
- How a Foster Care Abuse Attorney Can Help Today
- Foster Care Abuse Statistics & Reports in the Media
- Foster Care Sexual Abuse FAQs
- Want To Speak With A Lawyer?
Foster Care Sexual Abuse Examples
Foster care sexual abuse is any inappropriate sexual contact that happens under the care of a foster home or foster parents.
Foster care sexual abuse can be perpetrated by the foster parents, foster siblings, other individuals in the care of the foster home, or foster care employees.
Examples of foster care sexual abuse can include:
- Inappropriate touching: touching of the child’s private areas for pleasure or other unnecessary reasons
- Sexual coercion: coercing a child to touch someone else’s genitals
- Sexual assault and rape: using objects or body parts inside the vagina, mouth, or anus of a child for sexual pleasure
- Indecent Exposure: deliberately performing sexual acts in front of a child or showing a child pornographic materials
- CSAM creation: encouraging a child to engage in sexual poses and photographing or videotaping them
- Voyeurism: watching a child undress or use the bathroom without the child’s knowledge
- Sex trafficking: forcing a child to engage in sexual acts with others
If you or someone you know experienced any form of foster care sexual abuse, you have legal rights and options that you deserve to understand.
Signs of Foster Care Child Sexual Abuse
Oftentimes, children who are experiencing child sex abuse will present with certain symptoms. These may be behavioral, physical, or emotional. Some signs that suggest child sex abuse is occurring within a foster home can include any of the following.
Nightmares or Other Sleeping Issues
Children who are exposed to recurring abuse can have tremendous difficulty sleeping. They may experience nightmares and be unable to fall or stay asleep. In extreme cases, they may want an adult or another child to stay with them during the night so that they feel safe.
Distracted or Distant at Odd Times
Those who have been abused or traumatized may seem distracted or distant. This may present as daydreaming or being unable to discuss certain parts of their life. However, some children may also have medical conditions that cause distraction, such as ADHD or autism. Consider distraction and distancing actions alongside other symptoms that may be present.
Changes in Eating Habits
It’s not uncommon for those who experience child sexual abuse to change their eating habits. They may eat very little, or they can change the type of food they normally consume. In some cases, their appetite may increase significantly.
Sudden Mood Swings
Another sign of child sexual abuse can be sudden mood swings. These changes in mood can include rage, fear, insecurity, or withdrawal. If you notice that a child begins demonstrating moods that are atypical of their normal behavior, ask them if anything is bothering them.
New Fears of Certain People or Places
In some cases, children may exhibit a newfound fear of certain people or places. They may express significant worry when faced with being around those individuals. An uneasiness associated with certain places indicates that those areas may have been locations of abuse or that an abuser may frequent them.
Sexual Promiscuity
Those who have been sexually abused may become promiscuous themselves. They may be provocative with children of their own age or appeal to the sexual desires of people older than themselves. While sexual curiosity isn’t abnormal in the teen years, displaying overt signs of promiscuity may be a sign of sexual abuse.
Drug and Alcohol Abuse
Alongside sexual promiscuity is the potential for drug and alcohol abuse. Those who have been abused may be at risk for using drugs or alcohol as a mechanism for escape. They may regularly associate with other individuals who use or abuse these substances.
Depression and Anxiety
Persistent thoughts of the abuse may lead to an increase in depression and anxiety for those who have experienced it. They may become preoccupied with their thoughts or seem reluctant to engage in regular daily activities. Feelings of hopelessness or listlessness are not uncommon for those who appear depressed.
Unwillingness to Be Close to Others
Some victims of foster care sexual abuse may be unwilling to get too close to others and will emotionally detach themselves from potential relationships. Others may avoid talking about more intimate subjects and stick to surface-level conversations. They may shy away from making new friends or joining activities.
Foster Care Sexual Abuse: Reporting Options & Legal Rights
If you suspect that a child in foster care may be actively experiencing sexual abuse, it’s important to act quickly.
If the child is in immediate danger, call 911. Otherwise, there are state and national resources available for support. The Children’s Bureau, a division of the U.S. Department of Health and Human Services, has compiled a list of state child welfare agencies that handle the investigation of foster care sexual abuse.
If you or someone you know experienced sexual abuse in foster care in the past, here are your legal rights and options.
Report Foster Care Sexual Abuse to Law Enforcement
Reporting abuse to law enforcement can feel overwhelming for those impacted by sexual abuse in foster care, and there are many reasons why survivors may find it difficult to come forward.
We understand that most survivors do not report immediately, and it may take years before they feel ready to do so.
If the abuse is recent and you are still under 18, we strongly encourage you to confide in a trusted adult, such as a teacher. They can advocate for you and should only take actions that you feel comfortable with.
If the abuse occurred some time ago, you still have the right to report it to law enforcement.
The state’s ability to prosecute the crime will depend on various factors, such as the availability of evidence and the state’s criminal statute of limitations. Even if prosecution is not possible, reporting the abuse can help create a record that may support others who come forward in the future.
Helping Survivors can assist you in understanding the process of reporting foster care abuse to law enforcement if you choose to take this step.
File a Foster Care Sexual Abuse Lawsuit
If you have experienced physical or sexual abuse while in foster care, you may be eligible to file a civil lawsuit or join an existing one against the responsible foster care agency, institution, and/or the individual(s) who caused or allowed the abuse.
Filing a foster care sexual abuse lawsuit gives survivors the opportunity to seek financial compensation for the harm they endured.
Helping Survivors partners with law firms across the country that can help you determine whether filing a lawsuit is an option and guide you through the legal process. Every lawyer we work with offers a free consultation for foster care abuse cases and takes these cases on a contingency basis—meaning there are no upfront costs, and the attorney is only paid if you win the case.
Reach out to us to be connected with someone who can help today.
Report Foster Care Abuse to the State
Each state has different procedures for reporting abuse within the foster care system to oversight agencies.
For example, many states have specific child protective services or foster care complaint hotlines that allow individuals to report abuse or neglect directly to the appropriate oversight agency.
However, because it is often unclear how reports will be handled and given the history of some agencies mishandling complaints or retaliating against those who come forward, we strongly recommend consulting with an experienced foster care abuse attorney before submitting an official report.
In addition, many states offer the option to report foster care abuse directly to the state’s Attorney General or other oversight bodies. For example, some states have online forms where survivors can report abuse, and an investigator will follow up to gather more information.
This process may or may not be the same as reporting to law enforcement, depending on the state and the agency overseeing the reporting system.
To better understand what this process might involve and determine whether it is the right course of action for you, we recommend contacting us or another advocacy organization. We can connect you with an experienced foster care abuse lawyer who can guide you through the process and help ensure your legal rights are preserved and protected.
The Childhelp National Child Abuse Hotline can be reached at 1.800.4.A.CHILD.
Professional counselors are available 24 hours a day, 7 days a week, through the hotline. They offer crisis intervention services and referrals to social services or support resources. In some cases, people may have mandatory reporting requirements. This is the case with social workers, teachers, physicians, law enforcement officers, or other professionals who work to serve the public good.
How a Foster Care Abuse Attorney Can Help Today
Regardless of when the abuse happened or what you’ve already done to report or try to stop the harm from happening to others, we recommend getting in touch with an experienced foster care abuse attorney as soon as possible.
An attorney experienced in foster care sexual abuse lawsuits can help with:
- Collecting and preserving evidence related to the abuse
- Assisting in drafting and submitting formal complaints to state oversight agencies
- Reporting the abuse to law enforcement, if it has not already been done
- Filing a sexual abuse lawsuit against the doctor or medical facility on your behalf
- Handling all communications with the medical institution, their legal representatives, and the courts
- If necessary, guiding you through the deposition process, where testimony is collected from involved parties under oath
- Negotiating with the medical institution or its insurers for a potential settlement
- Filing the claim under seal or as a “Jane/John Doe” to protect your identity and privacy as allowed by law
- Representing you in all court appearances related to the case
You may be able to file a civil lawsuit against the individual responsible, the foster care agency, or the larger organization overseeing the foster care system, depending on the specific facts and circumstances of the abuse.
Your ability to file a lawsuit is primarily determined by the civil statute of limitations, which sets a time limit for taking legal action after the abuse occurred.
In some states, the statute of limitations can be as short as two years from the date of the abuse, making it essential to reach out to legal help as soon as possible.
Most foster care abuse lawsuits are handled by lawyers on a contingency basis, meaning there are no upfront costs, and the lawyer is only paid if they win the case for you.
Helping Survivors can connect you with an experienced foster care abuse attorney today. We work with law firms across the country, so no matter where you’re located, we can assist you in understanding your rights and options.
Foster Care Abuse Statistics & Reports in the Media
Studies say foster children are more at risk of sexual abuse, especially when the foster care provider is a group home or institutional provider. It’s not uncommon for sexual predators to offer foster care services, knowing that they may be able to take advantage of children. The foster care system itself, including group homes and institutions, is federally funded. Each state is given a share of the federal funds to administer the foster care program.
- 203,770 children under 18 entered foster care in the United States in 2021 and a total of 391,641 children under 18 were living in foster care in 2021
- Kids ages 1 to 5 are the largest segment (29% in 2021) of children entering foster care
- A study of foster children in Oregon and Washington found that nearly 1/3 reported being abused by a foster parent or another adult in a foster home. That study did not include cases of foster children abusing each other.
- One study found that girls living in foster homes are a particularly vulnerable group. The investigation examined 155 adolescent girls in foster care and found that 81% had experienced sexual abuse. 68% of girls reported being sexually abused by more than one individual.
In Florida, a longtime foster parent who had housed over 70 children during his time in the system was found to have repeatedly raped a child and placed hidden cameras in the bathroom to watch her shower. He saved the video footage of the molestation, which remained unknown until he was arrested. Unfortunately, caseworkers were unaware of the abuse and continued to send foster children to the home.
MacLaren Hall is one of the most of the most well known examples. Likely thousands of children were victimized by this state-run group home, which operated for more than 40 years. MacLaren Hall is referred to as a “child prison”, and not only were the living conditions terrible, but hundreds of former residents have come forward with details about the sexual abuse they faced by doctors, staff, and other children.
A Johns Hopkins University study found that children in foster care are four times more likely than other children to be sexually abused, and those who live in group homes experience an abuse rate of 28 times those of other children. There are indicators that children living in a foster care situation may be more likely to experience abuse at the hands of their foster parents or other people living in the home.
Adults, caseworkers, and other individuals who are aware that a child is living in foster care should pay special attention to signs that the child may be subjected to abuse of any kind, including sexual abuse. Understanding what child sexual abuse is and the effects that it can have on an individual may help to put a stop to it when it occurs. It is vital that individuals report suspected abuse as quickly as possible. If it continues, the abuse may have serious long-term effects that last into adulthood.
Unfortunately, abuse, including sexual abuse, is far too common in foster care and group homes. Children often fall through the cracks, as there may be little oversight of them after they are placed in a foster home and these already vulnerable individuals may experience even more harm.
The Oregon Department of Human Services $40 Million Settlement
In December 2023, The Oregon Department of Human Services has agreed to a $40 million settlement with four former foster children who were sexually and physically abused in a foster home. This settlement concludes a five-year legal battle highlighting the maltreatment of children in Oregon’s foster care system and the agency’s attempt to conceal the abuse. The lawsuit accused employees of ignoring signs of abuse and failing to protect the children. The plaintiffs’ attorneys hope this significant settlement will prompt meaningful reform and draw attention to the need for improvements in the foster care system.
Philadelphia Foster Care Sex Abuse
In one case, a Philadelphia foster parent was convicted of sexually abusing multiple children. The convicted man’s adopted daughter, who first entered the home at age 6, lived with him until she turned 18. She decided to come forward to the authorities after learning other children had successfully filed criminal charges against him for sexual abuse.
The adopted daughter suffered multiple incidents of sexual abuse at the hands of the man, including rape, by age 10. She also suffered emotional abuse from the man and his wife, who sometimes threatened to throw her out of their house.
The court held the foster care agency partially responsible for damages the girl suffered because they missed several signs of abuse, including bed-wetting and behavioral changes.
Suffolk County, NY, Foster Care Sexual Abuse
Another case involves seven children who experienced sexual abuse by a foster parent in New York. Four different government agencies and a nonprofit group are also implicated in an investigative report issued by a grand jury.
The man charged in the case oversaw more than 100 kids during his 20 years as a foster parent. During that time, police and social workers investigated him 18 times for reports of abuse. He placed specific requests to foster children with special needs. The grand jury noted that children with special needs are often vulnerable to sexual abuse since they may not know when it occurs or what to do.
The abuse the man inflicted included forcing children to eat dog food and punching and kicking them. He was also charged with sexually abusing the family’s dog in the presence of a child.
The multiple agencies responsible for placing children in the man’s home failed to communicate with one another or act on signs of the abuse. They also didn’t investigate complaints against the man submitted through a phone hotline. Their lack of action led to dozens of other children being placed in the home for foster care despite the many concerns about the household’s safety.
New Mexico Acadia Healthcare & Familyworks $485 Million Settlement
A jury in New Mexico awarded $485 million in damages in July 2023 to an 8-year-old girl who was sexually assaulted in a foster care program. The program, operated by Acadia Healthcare, placed the girl with a foster parent who had been accused of sexual assault previously and the program had knowledge of this. The verdict includes compensatory and punitive damages against Acadia Healthcare and Familyworks, with the aim of showing the victim that she is valued and that the abuse should not have happened.
Foster Care Sexual Abuse FAQs
Those who experience foster care sexual abuse may not recognize or label it in the moment – and sometimes these memories are repressed deep in the subconscious as a way to protect the mind.
Whether the harm happened recently or decades ago, you deserve to understand your rights and options so you can be empowered and informed as you take the next step in your journey.
What percentage of foster children are sexually abused?
Foster care abuse statistics are hard to come by – and the existing data reports are highly variable.
However, it is believed that children in foster care experience alarmingly high rate of abuse compared to their peers. These rates seem to be higher if a child is placed within a foster group home or individual foster home with unknown individuals rather than with family.
Why is there so much abuse in foster care?
There are multiple reasons abuse in foster care is so high.
First, there is a large lack of oversight into foster care homes and foster parents from oversight agencies.
Additionally, there is a preconceived notion that foster parents are inherently good people as they seemingly want to help care for some of the most vulnerable children. This innate belief that they’re good people can put a veil over those responsible for overseeing the care of foster children.
Finally, foster care children are incredibly vulnerable individuals. While they should never endure any form of abuse, they may feel that they have to endure the sexual abuse or they will be retaliated against, may be harmed in other ways, or that they will have to go back to a group home or other worse situation if they report the abuse.
There are many organizations and policymakers working to eliminate abuse in foster care – and those who have already taken action help those who are still experiencing harm gain the knowledge and strength to come forward.
When should I speak to a foster care abuse lawyer?
If you experienced any form of abuse while in foster care, we recommend speaking with an experienced foster care abuse attorney as soon as possible.
Whether the abuse occurred recently or many years ago, you still have legal rights and options.
These options may depend on the specific details of your case, including the civil and criminal statute of limitations in your state— which sets the time frame for taking legal action after the incident.
Each state’s statute of limitations is different, and only an experienced attorney can fully explain the laws and guide you through your options.
Will it be public information if I file a foster care abuse lawsuit?
An experienced attorney can likely file the claim “under seal” meaning you can file as a Jane/John Doe to help protect your personal information. This will depend on the state’s laws around this matter.
What are the potential outcomes of a foster care abuse lawsuit?
While there is no set amount for a foster care abuse lawsuit settlement or court awarded fee, the potential compensation and the time needed to resolve the case can vary depending on the nature of the abuse and the specific circumstances.
An attorney experienced in foster care abuse cases can help estimate potential damages by evaluating current and future expenses, financial losses, and their understanding of previous settlements in similar cases.
How much does it cost to hire an attorney for a foster care abuse claim?
Most foster care abuse lawsuits are handled on a contingency basis.
When you hire a lawyer on contingency, there are no upfront costs to pursue a lawsuit. The law firm is compensated by taking a percentage of the settlement or any court-awarded damages, meaning you only pay if you win your case.
How long do I have to file a lawsuit for foster care abuse?
The ability to file a foster care abuse lawsuit depends on a variety of factors, including the civil statute of limitations in the state where the abuse occurred.
It’s important to contact an experienced attorney right away, even if you think the statute of limitations may have passed, as there may be legal exceptions or exceptioins that are not immediately apparent without legal expertise.
Want To Speak With A Lawyer?
