Child’s Rights Violations
Children's Rights Violations in Michigan: When Institutions Fail to Protect the Most Vulnerable
Children in institutional care — foster homes, group homes, juvenile detention facilities, schools, daycare centers — are among the most vulnerable people in our society. They depend entirely on the adults responsible for their care. When those adults fail — through neglect, abuse, or systemic indifference — the harm to the child is often severe, lasting, and compounded by the fact that the child had no ability to protect themselves.
At Koussan Law, I represent children and families in cases involving institutional abuse and neglect, failures in the child welfare system, educational rights violations, and other situations where systems designed to protect children instead caused them harm. These cases are personal to me — because every child deserves an advocate who will fight as hard for them as any adult client.
Foster Care and Child Welfare System Failures
Michigan's child welfare system — administered by the Michigan Department of Health and Human Services (MDHHS) — is responsible for protecting children from abuse and neglect. But the system itself sometimes becomes the source of harm. Children placed in unsuitable foster homes where they suffer physical or sexual abuse. Case workers who fail to investigate reports of abuse. Group homes that are understaffed, poorly supervised, and dangerous. When the system fails a child, the responsible agencies and individuals can be held liable under state negligence law and, in some cases, under 42 U.S.C. § 1983 for violations of the child's constitutional rights.
Educational Rights and School-Related Claims
Schools owe a duty of care to their students. When a school fails to protect a child from bullying, fails to supervise students adequately, or fails to accommodate a child's disability under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act, legal remedies are available. Michigan's governmental immunity statute creates obstacles in school-related claims, but exceptions exist — particularly for claims involving the physical condition of school buildings or for intentional torts by school employees.
Frequently Asked Questions
Q: Can I sue MDHHS or a foster care agency for harm to my child?
Yes, though governmental immunity creates procedural hurdles. State agencies have immunity from many negligence claims under MCL § 691.1407, but exceptions apply for motor vehicle accidents, dangerous conditions of public buildings, and certain intentional torts. Federal civil rights claims under 42 U.S.C. § 1983 are available when a state actor's deliberate indifference to a child's known risk of harm violates the child's substantive due process rights. Private foster care agencies do not enjoy governmental immunity.
Q: What damages are available for child abuse or neglect in institutional settings?
Economic damages include past and future medical expenses (therapy, counseling, psychiatric treatment), educational remediation costs, and, for severe cases, lifetime care expenses. Non-economic damages cover pain and suffering, emotional distress, loss of childhood experiences, and the lasting psychological impact of institutional abuse. For minors, the statute of limitations is tolled under MCL § 600.5851 until the child turns 18, providing extended time to bring claims.
Q: What is the statute of limitations for children's rights claims in Michigan?
For most negligence claims, the three-year statute under MCL § 600.5805 is tolled for minors until age 18, giving them until age 21. For sexual abuse claims, MCL § 600.5851b provides until age 28 or three years after discovery of the causal relationship. For federal civil rights claims under § 1983, Michigan's three-year personal injury statute applies. Government entity claims still require the 120-day notice under MCL § 691.1404, even when the victim is a minor.
Q: Can I file a complaint about a foster home or group home without a lawsuit?
Yes. You can file complaints with MDHHS's Bureau of Children and Adult Licensing, which investigates allegations of abuse and neglect in licensed facilities. You can also contact the Michigan Office of the Children's Ombudsman. But a complaint and a lawsuit serve different purposes — the complaint triggers an investigation, while the lawsuit pursues compensation for the harm already done. I often advise families to do both simultaneously.
