971-405-6660Oregon Foster Abuse Attorney
Fighting for Those Who Have Been Abused in the Foster Care System
There are children around us who have no voice and no one to advocate for them. They are in our foster care system or broken homes, and they go largely unnoticed and unheard. Oregon’s Department of Human Services (DHS) and its Child Protective Services Department (CPS) are charged with protecting this incredibly vulnerable sector of children, but these agencies fail far too often. When children are placed in foster homes away from their families, it can increase the risk of abuse, including sexual abuse, and these children also face substantial barriers when it comes to reporting such abuse and being believed by those in power.
Children who are in the foster care system have often already experienced significant trauma, and the perpetuation of sexual abuse in foster care homes only compounds this. But there are resources that can help. At Galm Law, we believe every victim. Our firm can connect victims to other resources and services and help them understand their legal options. Call today to speak to a compassionate, experienced attorney who cares about your case.
DHS and CPS: The Problem Is With the System
Sometimes, DHS provides resources to struggling families to help them get back on their feet. Other times, DHS removes children from dangerous living conditions and places them in a certified foster home. But, more often than not, Oregon DHS and CPS are the problems.
Rather than protecting children, they continue to put children at risk. Rather than move abused children from their abusers, CPS ignores their cries for help. When this happens, there are few people to speak up for the affected kids.
What Is the Difference Between DHS and CPS?
When you read or hear about the foster care system, you’re likely to come across both DHS and CPS, but there are distinct differences in how these two departments operate. DHS is the Department of Human Services in Oregon, and it oversees many programs across the state, including SNAP benefits, Oregon Health Plan (the state’s Medicaid program), and services for seniors.
Child Protective Services (CPS) is a division within DHS that is responsible for investigating reports of child abuse within the state. If the allegations of abuse are substantiated by CPS, DHS takes action, up to and including removing children from their homes and placing them in foster care. DHS is also responsible for reporting the abuse to the authorities.
Common Types of Foster Care Abuse
While The Child Welfare Outcomes Report for the state of Oregon indicates that the percentage of children abused in foster care has declined in recent years, these statistics may not be accurate because they can only include abuse that has been reported. Unfortunately, many children in foster care don’t come forward to disclose abuse for several years, and even if they do, they are often not believed by their social workers or other adults around them. Foster care abuse usually falls into one of the following categories.
Physical Abuse
Children in foster care may experience physical abuse, such as being slapped or hit with another object like a belt. Young children are especially susceptible to physical abuse by shaking. It’s also possible for children to be forcibly restrained or to be punished with excessive physical activity.
Child Neglect
Neglect in foster homes can happen either through the foster parent refusing to meet the child’s physical needs or not providing proper care and supervision. For example, denying a child food, water, or medical care is a form of neglect, as is leaving a young child alone in potentially dangerous situations.
Sexual Abuse
Children who are sexually abused in foster care may be directly assaulted by a foster parent, but it’s also not uncommon for the abuser to be another person in the household or a family friend. Sexual abuse in foster care can also involve sexual exploitation of the child.
What Legal Rights Do Foster Children Who Have Been Abused Have?
First and foremost, victims who were abused in foster care have the right to have their abuser held accountable. This includes reporting the abuse to the authorities to see if criminal charges apply and pursuing a civil claim for damages, including medical expenses, therapy bills, and emotional distress.
They also have the right to legal representation in these matters and the right to be informed on all aspects of their case. Lastly, but perhaps most importantly, they have the right to safety, including being placed in a safer situation and protected from retaliation by the abuser, others in the home, or the DHS itself.
Is There a Time Limit on How Long You Have to File a Claim?
The statute of limitations is how long you have to file a case against the abuser. The time limits for child sexual abuse — including that which is perpetrated in foster care — are different from criminal and civil cases. In general, someone who was sexually abused as a minor in foster care has until they turn 40 years old to file a civil claim against their abuser.
There are some exceptions to this timeline, so it’s critical to talk to an attorney as soon as possible to find out what your options are. In some cases, you may even still be able to pursue a criminal case by reporting the abuse to the police for investigation to see if formal charges can be applied.
What Are Some of the Challenges of Foster Care Sexual Abuse Cases?
Talking about sexual abuse can be extremely difficult, and it’s common for those who were abused in foster care to be reluctant to tell anyone for fear of not being believed or being removed from one home and put into another, which could be even worse. However, even after a victim comes forward, there are other legal challenges that can arise in these cases that need to be considered.
DHS Lawyers
DHS has its own team of lawyers, which can make holding it accountable difficult. These lawyers are paid to do everything possible to deny responsibility and undermine your story. You need a law firm that has experience with these types of cases and knows what strategies to use to win.
Proving Abuse
Proving sexual abuse can be problematic in the best of circumstances, but if the abuse happened many years ago, lack of evidence can be a significant challenge. At Galm Law, we can evaluate your case and be honest about your options and what may happen if you choose to pursue a claim against your abuser. Having photographs or other documentation of the abuse can help significantly.
Complex Legal Issues
Anytime you’re dealing with the government, it makes a case more complex. The laws for holding an entity like DHS accountable for actions that perpetuated or ignored abuse can be difficult to understand and apply to a civil claim, which is why the legal guidance and support of an attorney is critical.
Galm Law Offers Legal Support for Victims of Foster Care Abuse in Oregon
Attorney Paul C. Galm has been suing DHS, CPS, and the State of Oregon for years on behalf of those children who experience neglect, physical abuse, and sexual abuse. Whether, for example, it is a child whom DHS has placed with a foster parent who sexually or physically abuses the child or DHS ignoring reports of physical or sexual abuse against a family member, Paul Galm has filed lawsuits against the Oregon Department of Human Services.
Paul Galm is one of a handful of attorneys who have tirelessly worked together to protect these kids. Regardless of each case, the goal has always remained the same: to expose the problems within the DHS and foster care system and effect lasting change. Call 971-405-6660 today to schedule a free consultation to find out how we can help.