Louisiana Supreme Court Preserves the Right of Children Abused in Foster Care To Hold DCFS Liable for Their Injuries
Child abuse and child sexual assault continue to be all too common in Louisiana and across the U.S., including an alarming number of instances within the foster care system. Abusive foster parents face criminal prosecution and civil liability for their wrongdoing, but what responsibility does a state social agency like Louisiana’s Department of Children and Family Services (DCFS) have for the child’s injuries?
Longstanding Precedent Has Held DCFS Liable for Foster Parents’ Wrongful Acts
For more than 50 years, Louisiana law has imposed a “non-delegable” duty of care on the DCFS for the well-being of children in its legal custody. Consequently, when foster parents physically or sexually abuse foster children in their care, the agency is vicariously liable for the foster parents’ actions.
Recently, however, DCFS challenged that precedent, arguing before the Louisiana Supreme Court that it cannot be responsible for foster parents’ wrongdoing because they are not DCFS employees.
Revisiting Vicarious Liability in Foster Care Settings
In Howe v. Gafford, a foster child suffered severe injuries while in the care of their foster parent. The child’s birth parents sued DCFS, claiming DCFS is responsible for the foster caregivers’ abuse. DCFS appealed the matter all the way to Louisiana’s highest court, asserting that, in the absence of a statutory “master-servant” or employment relationship between the agency and the foster parents, DCFS cannot be vicariously liable as a matter of law for the foster parents’ bad acts.
In a recent decision, the Louisiana Supreme Court rejected DCFS’s argument, upholding the agency’s non-delegable duty of care under the longstanding precedent. Children’s rights advocates and others have hailed the ruling as a victory for kids in foster care. It reinforces the idea that the state has a primary responsibility to protect these vulnerable children, and if a child is abused or neglected by their foster parents, they may have legal recourse against both the foster parents and DCFS.
Pursuing and Protecting the Rights of Abused Foster Children
If you or a loved one was sexually abused by foster parents while in the Louisiana foster care system, contact the attorneys at the Lamothe Law Firm for a free, confidential, and compassionate consultation.
