Foster Care Abuse
Foster Care Abuse in Michigan: When the System Meant to Protect Children Becomes the Source of Harm
The foster care system exists for one reason: to protect children who can't be safely cared for by their biological parents. When that system instead places children in homes where they're physically abused, sexually assaulted, starved, neglected, or psychologically tormented, the betrayal is absolute. The child had no choice in the placement. The state made the decision. And when the state's decision puts a child in harm's way, the state and its agents are accountable.
At Koussan Law, I represent foster children and their families in claims against foster parents, foster care agencies, caseworkers, and the Michigan Department of Health and Human Services (MDHHS). These cases demand an attorney who understands the intersection of state negligence law, federal civil rights law, and the child welfare system's bureaucratic structure — because the defendants in these cases will use every procedural shield available to avoid accountability.
How the System Fails: Common Patterns of Foster Care Abuse
Inadequate screening of foster parents: Foster care agencies are required to conduct background checks, home studies, and reference checks before placing children. When agencies cut corners — failing to check criminal histories, failing to investigate prior abuse allegations, or approving homes that don't meet safety standards — they place children directly in danger.
Failure to investigate complaints: Caseworkers receive reports of abuse or neglect in foster homes and fail to investigate promptly or thoroughly. The child remains in the abusive home while the complaint sits in a backlog. Every day of delay is a day the child continues to suffer.
Overcrowded and understaffed group homes: Group homes that accept more children than they can safely supervise, with staff who are undertrained and overwhelmed. Physical violence between residents, sexual abuse by older residents or staff, and general neglect become routine.
Repeated placement failures: Children bounced between multiple foster homes — each move more destabilizing than the last — because the system fails to find or maintain appropriate placements. The cumulative psychological damage of repeated removal and re-placement is itself a form of harm.
Frequently Asked Questions
Q: Can I sue MDHHS for placing my child in an abusive foster home?
Yes, through multiple legal theories. Under state law, MDHHS and its contracted agencies can be liable for negligent placement, negligent supervision, and negligent failure to investigate abuse reports — subject to governmental immunity defenses under MCL § 691.1407, which have recognized exceptions. Under federal law, 42 U.S.C. § 1983 provides a cause of action when state actors violate a foster child's constitutional rights through deliberate indifference to a known risk of harm. The § 1983 route bypasses governmental immunity entirely and is often the strongest path to accountability.
Q: What about private foster care agencies — are they liable too?
Private foster care agencies that contract with MDHHS to provide placement and supervision services are absolutely liable for their own negligence — and they don't enjoy governmental immunity. If a private agency failed to screen a foster parent, failed to investigate abuse reports, or failed to monitor placements, they're liable under standard negligence principles. Their commercial liability insurance provides a source of recovery.
Q: What damages are available for foster care abuse?
Economic damages include past and future medical expenses (therapy, psychiatric treatment, medication), educational remediation costs, and — for severe cases — lifetime care expenses. Non-economic damages include pain and suffering, emotional distress, loss of childhood experiences, loss of normal development, and the lasting psychological impact of institutional betrayal. For children still in the system, the damages calculation must project future treatment needs across a lifetime. I retain child psychologists and life care planners who specialize in these projections.
Q: What is the statute of limitations for foster care abuse 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 to file. For sexual abuse in foster care, MCL § 600.5851b extends the deadline to the survivor's 48th birthday. Federal § 1983 claims borrow Michigan's three-year personal injury statute but also benefit from minor tolling. Government entity claims require the 120-day notice under MCL § 691.1404, even when the victim is a minor — this is a critical deadline that many families miss.
