Michigan Foster Care Sex Abuse Lawsuit
Michigan’s foster care system, run by the state’s Department of Health and Human Services, serves thousands of children statewide. As of 2023, nearly 10,000 children were in foster care across the state, with a median length of stay of 16 to 17 months. Although Michigan reported that just over 98% of children in the foster care system in 2023 were not mistreated, the percentage of children who have reported mistreatment is at its highest since at least 2019.
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Author: Kathryn Kosmides
Survivor Advocate
- For decades, Michigan’s foster care system has faced long-standing concerns about its ability to adequately protect vulnerable youth.
- Over the past several years, multiple former Michigan foster parents were charged with sexually abusing foster children in their care.
- If you or a loved one suffered abuse in foster care, Helping Survivors can help inform you of your legal rights and options.
Allegations Against Michigan’s Foster Care System
Since the early 2000s, Michigan’s foster system has faced extensive criticism and legal action regarding maltreatment of foster children and mismanagement of the system. A 2008 report found that Michigan’s rate of maltreatment in foster care was 2.5 times higher than the national standard.
In 2006, activist group Children’s Rights Inc. filed a class-action lawsuit against the state on behalf of the 19,000 children in foster care at the time. The suit, which sought to reform Michigan’s foster care system, cited various systemic problems in Michigan’s foster care system, including:
- Poor monitoring of child safety
- Denial of physical and mental health services to foster children
- Failure to quickly move children to permanent homes
- A severe shortage of licensed foster homes
- Failure to appropriately utilize federal funding
- Insufficient staffing
- Allegations Against Michigan’s Foster Care System
- Notable Developments In Michigan Foster Care Sex Abuse Lawsuits
- Rights & Options for Survivors of Foster Care Abuse in Michigan
- Filing a Civil Lawsuit Against a Foster Agency or the State
- Why Hire an Attorney Experienced in Foster Care Abuse Cases?
- How to File a Lawsuit for Michigan Foster Care Abuse
- Want To Speak With A Lawyer?
Notable Developments In Michigan Foster Care Sex Abuse Lawsuits
In 2008, a federal court approved a consent decree settlement in the case in which the state agreed to reform the child welfare system. The decree involved four monitoring periods and was modified in 2011.
In 2014, the Department of Health and Human Services filed a motion to vacate or modify the settlement agreement, noting systemic substantial progress had been made and demonstrating that the plaintiffs’ constitutional rights were no longer being violated. After introducing an Implementation, Sustainability, and Exit Plan in 2016, two court-appointed monitors now oversee the state’s compliance with the settlement agreement.
Despite the state’s efforts to reform the system, foster care abuse still exists, and children victimized in their foster homes or care facilities often don’t understand what has happened to them until years later.
Rights & Options for Survivors of Foster Care Abuse in Michigan
Foster care abuse survivors in Michigan have multiple options to hold individuals and institutions accountable, including filing a civil lawsuit or reporting the abuse to law enforcement in pursuit of criminal charges. Civil lawsuits allow survivors to hold the institutions that enabled their abuse accountable, which may include the Michigan Department of Health and Human Services or a private foster agency. Criminal charges are filed against the individual perpetrator of the abuse when there is enough evidence to support allegations of a crime.
Under Michigan’s sexual abuse statute of limitations, child sexual abuse victims have until their 28th birthday to file a civil lawsuit, or three years from when they first discover the harm the abuse caused, whichever is later. You may still be eligible to file a lawsuit even if your abuser is deceased, was never charged with or convicted of a crime, or if the abuse occurred years ago.
To report foster care abuse in Michigan, you can contact the CPS hotline at 855-444-3911.
Filing a Civil Lawsuit Against a Foster Agency or the State
To file a civil lawsuit against a state agency or private foster care company, you will need evidence to show that the abuse occurred and you were harmed by it. This evidence may include medical records, photos, videos, written communications referencing the abuse, witness testimony, and more. An experienced foster care abuse attorney can assist you in gathering the necessary evidence to build your case. Through a civil lawsuit, you may be able to obtain compensation for medical costs, therapy bills, emotional distress, and other losses you experienced from the abuse.
Why Hire an Attorney Experienced in Foster Care Abuse Cases?
Working with trauma-informed legal counsel for your foster care abuse case is crucial. Not only will your attorney have the experience, knowledge, and skill to gather evidence and build your case, but they will also have experience negotiating with institutions and state agencies.
Additionally, most sexual abuse attorneys work on a contingency fee basis, so you will not pay them anything unless they win your case. This means there are no upfront costs to pursuing a claim.
How to File a Lawsuit for Michigan Foster Care Abuse
If you or a loved one endured sexual abuse at a foster home or facility in Michigan, Helping Survivors is here to help however we can. Our mission is to help heal, educate, and empower people impacted by sexual abuse by providing resources and legal connections to our partner law firms. Experienced sexual abuse lawyers can file civil lawsuits against the individuals, institutions, and organizations that perpetrated and enabled child abuse.
At Helping Survivors, we want to empower survivors to understand their rights and legal options after experiencing sexual violence so they can make informed decisions. To learn more about your options as a foster care abuse survivor, contact us today.
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