The U.S. Border Patrol has been separating parents from their children at the U.S. and Mexico border and placing some of the children in federally funded foster care homes as an alternative to detention facilities. Some of these migrant children are now filing claims against the U.S. government alleging that they have been sexually abused and harassed at the foster care homes.
The foster care programs are aimed at providing migrant children with care while authorities work to connect them with parents, relatives or other sponsors. Foster care can be a more humane option, but The Associated Press and the PBS series “Frontline” have initiated an ongoing investigation showing this may not always be the case.
The Associated Press has reviewed 38 legal claims so far filed under the Federal Tort Claims Act by the families. The act holds the federal government responsible as a self-insurer and forces it to recognize liability for the negligent or wrongful acts of its employees acting in their official capacity. The claims allege that the young migrant children were mistreated, including sexually, physically and emotionally abused, while in the foster care homes.
According to The Associated Press, these FTCA legal claims could end up costing taxpayers more than $200 million.
The Impact of the Child Victims Act
New York passed the Child Victims Act in February 2019, allowing child sexual abuse survivors until the age of 55 to file a civil lawsuit against their attackers and the institutions that protected them, even if it was the United States federal government.
The law also allows the victims of child sexual abuse a one-time “look back” window of opportunity to file civil claims where the statute of limitations has already passed. This means you have from August 14, 2020 until August 14, 2021 to file a sex abuse related action against the appropriate defendants regardless of when it happened.
NYC Child Sex Abuse Attorney
If you or a loved one has been the victim of child sexual abuse, including by the Boy Scouts of America, you may be entitled to monetary compensation. Although no amount of money will undo the harm caused, it can bring a sense of justice and closure for victims. For more information or to consult with an experienced NYC child sex abuse attorney, please call Gersowitz Libo & Korek, P.C. at 1-646-798-1535.