Abuse in Court-Ordered Placement Settings

Wear Trial Law represents people abused in placements ordered by a California court — foster homes, group homes, short-term residential therapeutic programs, and non-minor dependent housing. Liability often extends beyond the placement itself to the county agency and foster family agency responsible for screening it, approving it, and checking on the child afterward.

The placement was not the child’s choice

Every other institutional setting involves at least a nominal decision to enroll. A court-ordered placement does not. A judge ordered it, an agency selected it, and the child had no say.

That fact carries legal weight. The entities that removed the child accepted responsibility for where the child went — and California law imposes duties on them regarding screening, approval, capacity limits, and ongoing monitoring.

Who can be liable

• The foster parent, group home, or program where the abuse occurred
• The foster family agency that recruited, certified, trained, and monitored the home
• The county child welfare agency responsible for placement and periodic contact
• The operator’s parent company, where a program is part of a larger chain
• Individual social workers, in circumstances involving a breach of a mandatory duty

Recurring failures include approving a home despite a disqualifying background history, exceeding capacity limits, missing required in-person visits with the child, and failing to investigate a prior report about the same home or the same staff member.

Group homes, STRTPs, and what the reform changed

California’s Continuum of Care Reform replaced most traditional group homes with Short-Term Residential Therapeutic Programs — licensed, higher-supervision placements with mental health accreditation requirements and defined staffing standards.

For a case, the relevant consequence is documentary. STRTPs generate program statements, staffing plans, and licensing records that a case can be built on, and non-compliance with those standards is measurable rather than a matter of opinion.

Records that decide these cases

The child welfare file is the center of the case: placement history, social worker contact notes, prior referrals about the same home, licensing complaints and citations, foster parent certification and background check records, and CPS referral records. Much of it is confidential and obtainable only through the correct procedure, which is a reason to involve counsel rather than requesting records informally.

Deadlines

If the responsible entity is a county agency, the government claim rules apply — with the childhood sexual abuse exemption discussed on Suing a Public Entity: The Government Claim Deadline. Foster family agencies and private operators are usually private entities, which changes both the deadline analysis and, for adult survivors, whether the AB 250 revival window may apply. See Revival Windows: What’s Open Right Now.

FAQ

• I aged out of foster care years ago. Can I still file? For childhood sexual abuse, often yes.
• I do not remember the names of the homes I was in. The county file has them. That is a normal starting point.
• Can I sue the county and the agency both? Frequently yes, and they are often on different deadlines.
• Will my siblings or foster family be involved? Only as necessary, and you will know before anyone is contacted.

Free and confidential. Call 415-233-9688.