Foster Care Abuse Lawyer

Foster Care Abuse Lawyer: When Foster Care Injures Your Child or Client

No parent or attorney expects their child or client to experience physical or sexual abuse in foster care. But sometimes, the very people who are supposed to protect them end up injuring them, causing them greater harm than even the parents were alleged to cause. If your child or client has been physically, sexually or emotionally been abused in foster care, you’re probably feeling angry, scared, and confused. You might be wondering what to do next. A foster care abuse lawyer like Justice for Kids® can help you fight for your child and get the justice they deserve. Even if you are a lawyer representing a child in foster care, your area of expertise is usually dependency law and not how to make recoveries in personal injury cases for foster children, to compensate them so that they have critical resources throughout their entire lives.

Foster care abuse happens more than most people realize. Right now, almost hundreds of thousands of children are living in foster homes or in substitute care across America. Many of these children face abuse and neglect from the people who are supposed to care for them.

The rate of post-traumatic stress disorder (PTSD) among alumni was nearly five times that of the general population and, at 21.5%, exceeded the rates for American war veterans (Vietnam—15%; Afghanistan— 6%; and Iraq—12-13%). https://www.casey.org/media/AlumniStudy_US_Report_MentalHealth.pdf Persistent mental health challenges: A 2025 summary of Casey Family Programs’ research shows that alumni of foster care experience symptoms of post-traumatic stress disorder (PTSD) at significantly higher rates than the general population. Those who also experience homelessness are even more likely to have PTSD-related symptoms.

“Updated analyses of the Casey National Alumni Study continue to show high prevalence rates of PTSD, generalized anxiety, depression, social phobia, and panic disorder among former foster youth.”

The numbers are shocking. Back in 2019, more than 670,000 children lived in foster care at some point during the year. In that same year, officials found proof of abuse in nearly 50,000 cases. That means about 9 out of every 1,000 kids in care were harmed or injured by their caregivers. But experts think the real number is much higher because many kids never tell anyone what’s happening to them, and many states only investigate abuse and neglect by parties other than the foster care agency itself. For example, when a child is sexually abused in foster care, our experience shows that foster care agencies or employees frequently place foster children with prior sexual histories with innocent victims. https://pmc.ncbi.nlm.nih.gov/articles/PMC8023222/#:~:text=Nearly%20700%2C000%20children%20are%20substantiated,and%20Human%20Services%2C%202019).Those cases involving agency negligence are often times not investigated.

The stark reality is that children who are taken into state foster care systems who are supposed to be protected and kept safe are frequently abused by the very state child protection and foster care systems that were supposed to protect them. There are 29 states with child welfare systems with pending class actions or consent decrees because of systemic deprivations of children’s most basic rights – the right to be safe from harm in these child protection systems. (Casey Family Programs, Class Action Summaries (2025 Update), PDF) New York, California, Illinois, and Florida – to name just a few states – all face these class actions and systemic failures while children are being abused in care and fail to receive services that professionals identify that they need.

Even in states that are not defendants in these class action lawsuits, far too many children are injured in state care or custody of those agencies or private organizations that were supposed to protect them.

So often, parents ask the sobering question – what did I do to deserve having my child physically or sexually abused by the foster care system? Frequently, the lawyers and guardians protecting children in care get frustrated when they see their clients physically and sexually abused by the system when they became child abuse lawyers at low paying salaries just to help children.

Child abuse lawyers see various types of child abuse as the reason children become part of the states’ child protection systems.

Neglect: Three-fourths (74%) of victims are neglected, making it the most common form of abuse. Download PDF. Child neglect was the finding in 61 percent of child maltreatment cases. Download PDF. Neglect is usually the deprivation of a child’s basic needs to food, shelter, medical care or other basic necessities.

Physical Abuse: 17% of victims are physically abused. Download PDF. Physical abuse is defined as the intentional use of physical force that can result in physical injury.

Sexual Abuse: 11% of victims are sexually abused, though experts believe this number is much higher due to underreporting. Download PDF.

Emotional Abuse: This type of abuse is often harder to identify but can be just as damaging. Emotional abuse refers to behaviors that harm a child’s self-worth or emotional well-being.

Child abuse isn’t just harmful — it’s often fatal. In 2022, an estimated 1,990 children died from abuse and neglect in the United States, a number that has consistently risen over the previous five years. Download PDF.

Five children die every day from child abuse. Boys have a higher child fatality rate than girls (3.26 boys & 2.25 girls per 100,000). African-American child fatalities (6.37 per 100,000) are over three times greater than that of white children (1.99), and nearly four times greater than Hispanic children (1.68). Link.

The fatality rate for child maltreatment is 2.2 per 1000 children annually, making homicide the second leading cause of death in children younger than age one. Link.

A child abuse lawyer can help you understand when abuse has occurred in the foster care system that was supposed to protect the child and what legal actions are available. Recognizing the signs of abuse is crucial for protecting children and building strong legal cases.

• Unexplained bruises, welts, cuts, or burns
• Injuries in different stages of healing
• Bruises that form patterns (like belt marks or handprints)
• Burns from cigarettes, irons, or immersion in hot water
• Broken bones, especially in young children or missing teeth
• Head injuries or signs of shaking
• Frequent injuries that are explained as “accidents”
• Injuries that don’t match the explanation given

• Sudden changes in behavior or school performance
• Withdrawal from friends or activities
• Fear of going home or being around certain adults
• Regression to earlier behaviors (bedwetting, thumb sucking)
• Excessive aggression or passivity
• Age-inappropriate sexual knowledge or behavior
• Self-destructive or risk-taking behaviors
• Difficulty concentrating or learning problems
• Sleeping or eating disorders

• Depression, anxiety, or fearfulness
• Low self-esteem or feelings of worthlessness
• Difficulty trusting adults
• Emotional numbness or detachment
• Anger or rage outbursts
• Suicidal thoughts or attempts
• Feeling responsible for the abuse
• Shame or guilt about what happened

• Poor hygiene or inappropriate clothing for weather
• Frequent hunger or begging for food
• Lack of medical or dental care
• Frequent absences from school
• Being left alone or unsupervised for long periods
• Taking on adult responsibilities inappropriately
• Developmental delays
• Failure to thrive or grow normally

If you notice these signs while a child is in foster care, document everything and contact a child abuse lawyer immediately. We understand that you may be afraid to report the abuse or take action against the agency or case worker that is withholding custody of the child from you; however, at Justice for Kids® we can advise you and protect your child’s case while you are fighting to regain custody. Most often, we can help you protect your child and still pursue your child’s personal injury case. Early intervention can stop ongoing abuse and begin the process of getting justice for your child.

The effects of child abuse don’t end when the abuse stops. Research shows these children face serious challenges throughout their lives:

Health Problems: Adults who experienced physical abuse by age 16 had a 1.7 times higher risk of premature death. Those who experienced neglect had a 1.4 times higher risk. Children who are neglected have a 43% higher risk of dying early in adulthood. PDF.

Mental Health Crisis: About 80% of 21-year-olds who were abused as children met criteria for at least one psychological disorder. PDF.

Criminal Justice Involvement: Children who experience child abuse and neglect are approximately 9 times more likely to become involved in criminal activity. PDF.

Substance Abuse: Two-thirds of the people in treatment for drug abuse report being abused or neglected as children. More than a third of adolescents with a report of abuse or neglect will have a substance use disorder before their 18th birthday. PDF.

Educational Impact: Abuse and neglect can affect cognitive and academic performance, leading to lower educational attainment and limited employment opportunities.

Relationship Problems: Abused children are 25% more likely to experience teen pregnancy. They often struggle with forming healthy relationships and trusting others. PDF.

The Cycle Continues: About 30% of abused and neglected children will later abuse their own children, continuing the horrible cycle of abuse. PDF.

Children can be traumatized when they are abused at home. Then when children are removed from their parents and placed in foster care, non-relative care and even relative care, they face a second trauma that can cause serious emotional harm. However, when children then experience physical, sexual or emotional abuse in foster care, they often develop serious problems right away including:

• Post-traumatic stress disorder (PTSD)
• Depression and anxiety
• Sleep disorders and nightmares
• Behavioral problems and aggression
• Academic difficulties and learning problems
• Social withdrawal and isolation
• Self-harm behaviors
• Eating disorders
• Conduct and Attachment Disorders

Child abuse causes damage that extends far beyond immediate physical injuries. The trauma affects every aspect of a child’s development and can impact them for their entire life, which is why substantial compensation through legal action is so important. However, when you add abuse by the foster care system that was supposed to protect the child, the impact on the child is even more devastating.

The financial cost of child abuse is staggering. The United States’ yearly expenditure associated with child abuse and neglect was around $592 billion in 2018 (link). The financial cost of child abuse and neglect in the United States is estimated at $585 billion (link).

This economic impact includes medical costs, mental health treatment, special education services, juvenile justice costs, lost productivity, and other expenses. These numbers are just the tip of the iceberg and suggest why substantial compensation is necessary for child abuse victims.

Understanding who commits child abuse is important for building strong legal cases and determining which parties can be held legally responsible.

Although the most common alleged perpetrators of child abuse are family members, you must remember that once children are in foster care, there may be widespread physical abuse, sexual abuse and emotional abuse by the system that was supposed to protect these children. In 2022, a reported 434,000 perpetrators abused or neglected a child. In substantiated child abuse cases, 76% of children were victimized by a parent or legal guardian. PDF.

This includes:

• Biological parents
• Step-parents
• Adoptive parents
• Foster parents
• Parents’ romantic partners
• Siblings and other relatives

Far more significantly, once these children have been traumatized by and then removed from their home, the physical abuse, sexual abuse and emotional abuse by foster care or the system that was supposed to protect them compounds the traumas dramatically.

Child-on-child abuse is common. At Child Advocacy Centers in 2022, 16% of people alleged to have abused a child were themselves children (in cases where the age of the alleged abuser was known). PDF.

Children are also sexually abused in institutional settings including:

• Foster care, nonrelative care, relative care, group homes and child protection systems
• Residential treatment facilities
• Juvenile Justice placements including detention centers and commitment programs
• Schools and daycare centers
• Youth programs and sports organizations
• Religious institutions

When institutional abuse occurs, a child abuse lawyer can pursue claims against the institutions that failed to protect children. Understanding child protection systems and what can happen to innocent children is critical. Justice for Kids® is a law firm with lawyers that focus their practice on child protection and foster care systems and other institutions where children are supposed to be protected.

When child abuse occurs, victims have important legal rights. A skilled child abuse lawyer can help you understand these rights and pursue all available remedies.

Civil cases allow victims to sue for monetary damages. A child abuse lawyer can file cases against:

• Perpetrators who committed the abuse
• Foster care, nonrelative care, relative care, group homes and child protection systems
• Institutions that allowed abuse to occur (schools, churches, sports organizations)
• Government agencies that failed in their oversight duties
• Employers who failed to properly screen employees who work with children

In some cases, child abuse violates federal civil rights laws. When government entities or institutions receiving federal funding fail to protect children, they can be sued under federal civil rights statutes. These claims often result in larger damage verdicts and can require systemic changes to protect other children.

For example, Justice for Kids® attorneys fought for civil rights damage relief in H.A.L. v. Foltz 551 F.3d 1227 (11th 2008) which resulted in the landmark Eleventh Circuit Court of Appeals decision which recognized that exposing foster children to child-on-child sexual abuse in foster care is a viable claim under the Federal Civil Rights act 42 USC § 1983. This case paved the way to protect many other children in Florida and throughout the country who are sexually abused in foster care.

Justice for Kids® attorneys also use 42 USC § 1983 when children have been injured in the custody of the state foster care systems and state law caps foster care verdicts or provides other tort reform defenses. (Internal Link to Civil Rights Lawyers Page)

Justice for Kids® attorneys are among the finest civil rights attorneys in the country. Howard Talenfeld was named by Forbes Magazine in their Inaugural List America’s Top 200 Lawyers as one of only six civil rights lawyers in the country on the list. PDF. Stacie Schmerling and Justin Grosz have instituted and tried cases involving systemic foster care failures. (Link to Grosz and Schmerling bio pages) Justice for Kids® is the only national plaintiffs personal injury law firm that limits its practice to foster care and child protection systems.

While no amount of money can undo child abuse, compensation can provide the resources your child needs for recovery and a better future. A dedicated child abuse lawyer fights for compensation that covers everything your child will need.

• Emergency medical treatment for physical injuries
• Specialized trauma therapy and psychiatric care
• Long-term mental health treatment
• Medication management
• Inpatient treatment programs when needed
• Physical therapy and rehabilitation
• Alternative therapies like art therapy or EMDR

• Special education evaluations and services
• Tutoring to address academic disruption
• Educational therapy for learning disabilities
• School placement in therapeutic settings if needed
• College preparation and support
• Vocational training and career counseling

• Lost earning capacity due to educational and psychological impacts
• Lifetime medical and mental health costs
• Special accommodation and support services
• Independent living assistance if needed

• Physical pain from injuries
• Emotional distress and psychological trauma
• Loss of childhood and normal development
• Inability to form healthy relationships
• Lifelong psychological harm
• Loss of enjoyment of life

The economic burden of child abuse shows why comprehensive compensation is so important. With costs reaching hundreds of billions of dollars annually, individual victims deserve substantial compensation for their suffering. And when we make those recoveries, we want to ensure that the money is available in trusts or through structured settlements to help these injured children throughout the remainder of their lives.

Child abuse cases require lawyers with specific expertise and sensitivity to trauma. Not all lawyers are equipped to handle these delicate and complex cases properly.

Look for lawyers who have:

• Extensive experience with child abuse damage cases in foster care and child protection systems
• Substantial experience and knowledge of trauma and its effects on children caused by abuse in foster care and child protection systems
• Track record of significant verdicts and settlements
• Understanding of both civil, criminal and juvenile law
• Relationships with the top expert witnesses and specialists, including standard of care and psychological experts working in foster care and child protection systems
• Commitment to child advocacy

The best child abuse lawyers understand that victims need special handling:

• Creating safe, comfortable environments for children
• Minimizing retraumatization during legal proceedings
• Coordinating with therapists and other support professionals
• Using child-friendly interview techniques
• Advocating for court accommodations when needed
• Protecting children’s privacy and dignity throughout the process

Justice for Kids®, a division of Kelley Kronenberg, has extensive experience representing children who have experienced abuse. Our legal team understands the unique challenges these cases present and the sensitive handling they require. We are one of few personal injury firms in the nation that limit their practice to cases involving child protection, foster care and disability systems.

Our child abuse lawyers provide comprehensive legal representation that addresses every aspect of our clients’ needs:

Thorough Investigation: We conduct detailed investigations with former FBI agents, law enforcement offices and skilled experts in foster care systems to uncover evidence of abuse. We identify all responsible parties by requesting what is usually thousands of pages of foster care, treatment and therapeutic records of the child.

Expert Team: We work with leading specialists in foster care and child protection standard of care, child psychology, medicine, and child development to build the strongest possible cases.

Federal Civil Rights Expertise: We utilize federal civil rights law when appropriate to secure larger damage awards and create systemic change. (Link to Federal Civil Rights 3000 word article)

Trauma-Informed Practice: Our entire approach is designed to minimize additional trauma while maximizing your child’s legal rights and recovery.

Our child abuse lawyers have secured significant compensation for victims:

• Multi-million dollar settlements for children who suffered severe abuse
• Substantial verdicts against institutions that failed to protect children
• Federal civil rights recoveries that exceeded state damage caps
• Comprehensive awards providing lifetime care and support

(Link to Results and Verdicts Page)

We understand that healing from child abuse requires more than just legal victory. We connect our clients with:

• Attorneys and child advocates who can make an immediate difference in helping to procure critical services that an injured child immediately needs.
• Specialized trauma experts and therapists experienced with childhood abuse and treatment
• Educational advocates who secure appropriate school services
• Medical professionals who understand the impacts of childhood trauma
• Support groups and peer networks for survivors and families
• Financial planners who help manage settlement proceeds
• Life care assessment expert and coordinators who ensure ongoing needs are met

If your child has experienced abuse, immediate action is crucial for their safety and legal rights.

1. Ensure Safety: Make sure your child is in a safe environment away from the abuser
2. Seek Medical Care: Get immediate medical attention for any physical injuries
3. Document Everything: Write down what happened, when, and any evidence you have
4. Report the Abuse: Contact law enforcement and child protective services
5. Contact a Lawyer: Reach out to a child abuse lawyer immediately

While child abuse causes profound harm, children can heal and thrive with the right support and resources. Legal action provides the foundation for this recovery by:

• Holding abusers and negligent parties accountable by working with prosecutors
• Providing financial compensation to victims and securing resources for lifelong care and support
• Validating the child’s experience and trauma
• Creating safer conditions for other children
• Empowering families to advocate for better protection

Recovery from child abuse is possible with comprehensive support:

• Specialized trauma therapy designed for childhood abuse and, if appropriate, recommending providers who can provide Eye Movement Desensitization and Reprocessing (EMDR) for your child
• Educational and vocational support to address learning and behavioral impacts
• Medical care for physical and psychological effects
• Stable, therapeutic living environments
• Peer support and community connections
• Financial security through legal settlements

If your child has experienced re-abuse by the foster care or child protection system that was supposed to keep them safe don’t wait to seek help. Contact the child abuse attorneys at Justice for Kids® immediately for a free, confidential consultation. Our experienced legal team understands the sensitive nature of these cases and the urgent need for action.

We offer:

• Free, confidential case evaluations
• Trauma-informed legal representation
• Contingency fee arrangements (you pay nothing unless we win)
• Coordination with medical and therapeutic professionals
• Comprehensive investigation and case building
• Aggressive advocacy for maximum compensation
• Ongoing support throughout the legal process

Child abuse represents one of the worst betrayals of trust imaginable, but justice is possible. Our legal team, which focuses its personal injury damage practice on foster care, child protection and disability systems and has the experience, resources, and commitment needed to fight for your child’s rights and future. Together, we can hold responsible parties accountable while securing the resources your child needs to heal and thrive.

Contact Justice for Kids® today and take the first step toward justice, healing, and hope. We will do our best so that your child may receive justice, make a financial recovery and we’re here to fight for them every step of the way.

This article provides general information about child abuse legal matters and is not legal advice for any specific situation. Reading this content does not create an attorney-client relationship. For help with your particular situation involving child abuse, please contact qualified legal counsel at Justice for Kids®, a division of Kelley Kronenberg.