Legal Question in Personal Injury in California

child sexually abused and abducted while in foster care

While children were in foster care for 6 mo. daughter was recently was abducted and sexually abused while under foster care. Maternal mother read in the newspaper of abuse. I just feel that the state should be held liable for the incident that occured on june 4 and televised on every news channel and newspaper. Could someone juswt tell me what my rights are and if I should persue this matter?


Asked on 6/18/04, 5:39 pm

7 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: child sexually abused and abducted while in foster care

I am familiar with the special areas of law involved with suing DCFS and the foster care claims fund and I recently settled a case like this for six figures. Call me anytime day or night on my cell phone 5626887447.

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Answered on 7/02/04, 7:34 pm
Terry A. Nelson Nelson & Lawless

Re: child sexually abused and abducted while in foster care

If you are the mother, you have a claim and lawsuit on behalf of the child that is worth substantial value if the facts are as you say. Feel free to contact us to discuss what can be done.

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Answered on 7/02/04, 7:45 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: child sexually abused and abducted while in foster care

Others have given the best answer.

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Answered on 7/02/04, 7:59 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: child sexually abused and abducted while in foster care

Already answered.

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Answered on 7/02/04, 8:00 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: child sexually abused and abducted while in foster care

Your child probably has no remedy against the State unless there is evidence that the placement was negligently made.

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Answered on 7/03/04, 12:52 am
Armen Tashjian Law Offices of Armen M. Tashjian

Re: child sexually abused and abducted while in foster care

Establishing liability against the DCFS is not an easy task in these types of cases. The DCFS has substantial statutory immunities whereby you need to overcome substantial barriers. For example, in order to get your foot through the door, you must first establishe that the placement of child with the subject foster family was substantially improper. You must show that DCFS' negligence went beyond the simple ministerial duties and actually violated established policy.

If you need help with this, let me know. Otherwise good luck.

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Answered on 7/18/04, 2:00 am
Amy Ghosh Law Offices of Amy Ghosh

Re: child sexually abused and abducted while in foster care

State is liable to you..but there are special procedure to go after governmental authority..you need to act up on it ASAP!!!

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Answered on 7/03/04, 11:27 am


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