Legal Question in Personal Injury in California

State of Calif. allowed my adopted son to be abused as an infant

My adopted son was in foster care from birth-9 mos. In this time he was allowed to be mal-nurished & neglected while living in a foster home. At 3 mos. he weighed 12lbs. and at 6 mos. he only weighed 14lbs. In all the state documentation I have it tells how doctors recorded that my adopted son was being neglected and or mal-nurished by the foster family and that he should not be in a home like he was yet his social worker failed to--name removed--anything about it (like removing him to put him into a better home)When he came to live with us at 9.5 mos he hadn't even ever had solid foods, again the social worker was aware and it is documented. My social worker was so disgusted by this that she resigned shortly after we finalized our adoption. My son is now 7 & is under going learning disorder testing. So far the results we have gotten back are all pointing to his 1st year & the lack of development due to the neglect. Does this violate his civil rights & if so can I make a case against the state of Calif.? It definately goes against his personal rights which the foster family and myself signed prior to him living with us both!


Asked on 10/03/03, 12:49 pm

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: State of Calif. allowed my adopted son to be abused as an infant

When did you adopt him? What records do you have presently?

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Answered on 10/11/03, 12:53 am
Terry A. Nelson Nelson & Lawless

Re: State of Calif. allowed my adopted son to be abused as an infant

The child, through his adoptive parent/guardian, probably has causes of action against both the foster parents and the supervising agencies. The parents might also be able to bring suit if they recently learned of the damage [statute of limitations issues]. If you really have reports saying he was being neglected, then that may overcome the 'immunity' that government normally has. Contact me if interested in discussing facts and case.

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Answered on 10/13/03, 8:50 pm


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