Los Angeles Foster Care Sexual Abuse Lawyer

Los Angeles Foster Care Sexual Abuse Attorney

When children are in foster care, they deserve to be treated with care and respect. Being in foster care can already cause negative emotions for the children involved. However, these feelings are multiplied when sexual abuse comes into the picture. If you or someone you know suffered from abuse, contact a Los Angeles foster care sexual abuse lawyer to hold the responsible party accountable and seek justice.

Why Hire a Foster Care Sexual Abuse Lawyer From the DeMarco Law Firm?

The DeMarco Law Firm only represents survivors of childhood sexual abuse, including those who were abused in foster care. Our founder and lead attorney, Anthony DeMarco, is one of California’s most experienced foster care sexual abuse attorneys, and our firm has represented over 400 survivors in the pursuit of justice.

We regularly have cases in the Stanley Mosk Courthouse in Downtown Los Angeles and collaborate with many support organizations in the community to help survivors find compassionate, trauma-informed legal advocacy. If you want to hire a foster care sexual abuser lawyer, our firm is here and ready to help.

Understanding Sexual Abuse

Sexual abuse is defined as an act inflicted on a victim by a perpetrator that is sexual in nature. In foster care, victims are underage and, therefore, legally unable to consent to the abuse. Therefore, whether the act was “forced” is not relevant. Sexual abuse can happen through direct contact, such as through fondling or rape. It can also happen indirectly through means such as indecent exposure or sexual conversation.

Sexual abuse is often inflicted by someone known to the victim. It can come from trusted authority figures, such as foster parents or case workers. It can also come from other children who are in the home.

Foster Care Sexual Abuse

Foster care sexual abuse cases are uniquely complex because they may involve layers of negligence, from individual abusers all the way up to government agencies. Child Protective Services (CPS), county social workers, or placement agencies might have failed to investigate red flags or may have actually ignored complaints.

Institutions that should have protected children may have failed in the areas of background checks, supervision, and follow-up visits. Unfortunately, many foster care children have already experienced some form of trauma, so it may be more difficult to detect whether or not sexual abuse has occurred if you base your judgment on behaviors alone.

However, you should be aware of some signs that can point to sexual abuse, including:

• Reservation and withdrawal
• Poor performance in school, especially if the child previously performed exceptionally well
• Skipping school
• Behavioral changes
• Anxiety
• Depression
• Aggression
• Fear of certain adults
• Increased and inappropriate sexual behavior and conversations
• Lack of interest in the things they enjoy
• Self-harm

It’s important to monitor the child’s behavior, especially in comparison to previous behaviors. For instance, if the child has always shown signs of aggression, this may be a separate issue. However, if they have never shown these signs before and suddenly begin to exhibit aggressive behavior, this could point to the possibility of sexual abuse.

Los Angeles Foster Care Sexual Abuse Laws

Unfortunately, many times, abuse is perpetrated by someone the victim knows. About 90% of childhood sexual abuse is inflicted by someone the victim knew or trusted, such as a family member. Women who were sexually abused as children are two to 13 times more likely to be sexually abused as adults.

California Code 288 clearly defines that any sexual activity with a child is illegal. The law also declares that anyone who molests a child will be subject to a fine of up to $5,000 and/or time in jail up to one year.

When these laws are broken in foster care, those responsible must be held accountable. The unfortunate truth is that sometimes there are signs of abuse that go unnoticed or unchecked, including:

• Poorly performed background checks or no background checks performed at all
• Previous complaints of abuse that went unchecked
• Lack of supervision
• Lack of case management
• Failure to remove children from abusive environments

Unfortunately, this leaves many children feeling neglected and abandoned. However, the DeMarco Law Firm has experience with foster care sexual abuse cases and can help you seek the justice you deserve. When it is necessary, foster care sexual abuse cases in Los Angeles County are handled in the Juvenile Dependency Court, a part of the Superior Court, which is located at 201 Centre Plaza Drive, Monterey Park, California, 91754.

The Investigative Process: How We Build Foster Care Sexual Abuse Cases

Every foster care sexual abuse case has its own unique facts, but one reality remains the same: uncovering institutional failures requires an in-depth investigation. While the criminal justice system is determined to prosecute the alleged offender, a civil case often seeks to establish whether a foster care agency, county department, or other organization failed to protect a child from foreseeable harm.

At the DeMarco Law Firm, our practice is exclusively focused on representing survivors of child sexual abuse. Our investigations are designed to identify not only the person responsible for the abuse but also the organizational failures that may have allowed it to take place.

Subpoenaing Critical Records

As of 2025, nearly 12,000 young people aged 20 or younger were in Los Angeles County custody. That same year, Los Angeles County officials approved a payout of $4 billion to settle around 7,000 claims of sexual abuse in juvenile facilities.  In many foster care sexual abuse cases, one of our first steps is identifying and obtaining records that reveal what agency personnel knew before and after a child’s placement.

Depending on the exact circumstances, this could include requesting or subpoenaing:

• Los Angeles County Department of Children and Family Services (DCFS) records
• Child Protective Services (CPS) reports
• Placement histories
• Foster parent licensing files
• Internal investigative reports
• Medical and counseling records
• Communications between caseworkers and supervisors
• Juvenile dependency court records

Some juvenile dependency records are confidential under California law and could require court authorization before they can be accessed. In appropriate situations, records may be sought pursuant to California Welfare and Institutions Code section 827, which governs access to juvenile case files. Understanding these procedures is an important part of building a comprehensive civil case.

Such documents can establish timelines, point out prior concerns, and reveal whether warning signs existed before the abuse took place.

Auditing Agency Compliance

A foster care agency’s legal responsibility tends to extend beyond the placement decision itself. Agencies are typically expected to follow state regulations governing child safety, supervision, documentation, and ongoing monitoring.

Our investigation may examine whether responsible agencies complied with requirements involving:

• Required home visits
• Foster home inspections
• Safety assessments
• Background investigations
• Live Scan fingerprint requirements
• Documentation of child welfare concerns
• Follow-up after complaints
• Compliance with agency policies and California regulations

Even when abuse is committed by an individual foster parent or another member of the household, evidence that required procedures were ignored or inadequately performed may become highly relevant in a civil claim.

Deposing Social Workers and Supervisors

Paperwork hardly ever tells the whole story. Depositions generally provide opportunities to understand how decisions were made and whether opportunities existed to prevent abuse.

Depending on the situation’s specifics, testimony may be sought from:

• DCFS social workers
• Supervising social workers
• Foster family agency personnel
• Licensing professionals
• Investigators
• Medical professionals
• Teachers
• Other people involved in the child’s placement or care

Depositions may look into issues like whether prior complaints were received, how reports of suspected abuse were handled, why certain placement decisions were made, whether policy violations took place, or whether supervisors reviewed or approved agency actions. Understanding these decisions can help determine whether systemic failures contributed to the abuse of a child.

Systemic Challenges Affecting Foster Care in Los Angeles County

Los Angeles County operates one of the nation’s biggest child welfare systems. Thousands of children rely on DCFS and related agencies to make safe placement decisions and monitor foster homes throughout the county. In 2024, DCFS received close to 60,000 emergency response referrals involving over 100,000 children. Of those kids, nearly 10% were referred for allegations of sexual abuse.

While many professionals work tirelessly to protect children, the size and complexity of the system can create challenges that affect child safety.

Heavy Caseload Can Limit Significant Oversight

Social workers are responsible for conducting home visits, monitoring placements, responding to reports of abuse or neglect, documenting concerns, and coordinating services for children and families.

When caseloads become high, these responsibilities may become increasingly difficult to thoroughly complete. Heavy workloads can affect:

• The frequency and quality of home visits
• The time available to investigate new concerns
• Documentation accuracy
• Follow-up on prior reports
• Communication among agencies and supervisors

If required oversight is decreased because of excessive workloads or inadequate staffing, warning signs can go unnoticed.

Placement Pressures Can Impact Decision-Making

As in many jurisdictions across the county, Los Angeles County faces continuing challenges in identifying enough qualified foster homes to meet placement needs.

When agencies must quickly locate available placements, there may be substantial pressure to identify suitable homes without unnecessary delay.

Although California has licensing requirements and screening procedures designed to keep kids safe, such as criminal background checks and other safety reviews, investigations sometimes look at whether every required safeguard was completed before placement or whether concerns identified during the approval process were adequately addressed. Determining whether placement decisions complied with applicable policies can become an important issue in a case.

Prior Warning Signs May Not Receive Adequate Follow-Up

Children frequently interact with teachers, physicians, counselors, therapists, coaches, relatives, and numerous other adults outside the foster home.

These people may notice behavioral changes, physical injuries, or other signs suggesting neglect or abuse. When concerns are reported, agencies are usually expected to evaluate the information and take appropriate action. Civil investigations sometimes focus on questions such as:

• Were previous complaints documented?
• Were mandatory reports investigated?
• Were interviews completed?
• Were children removed when circumstances warranted?
• Were supervisors informed?
• Were investigations prematurely closed?

The answers to these questions could help determine whether opportunities existed to prevent further abuse.

FAQs

Q: What Are the Sexual Abuse Laws in California?

A: California’s sexual laws broadly outlaw non-consensual sexual activity, including rape, sexual assault, lewd acts with a minor, and sexual battery. The age of consent is 18. California has strict criminal laws, as well as an extended statute of limitations for civil claims regarding child sexual abuse. Both criminal and civil penalties are possible for offenders and enablers.

Q: What Is PC 243.4A in California?

A: PC 243.4A in California refers to California Penal Code § 243.4(a). Sexual battery entails non-consensual contact with another individual’s intimate areas with the intention of sexual arousal or abuse. Sexual battery usually happens while the victim remains restrained or unconscious and doesn’t know about the contact because they were likely fooled into the situation. The offense is a “wobbler,” which can be charged as a misdemeanor or felony.

Q: What Is the Foster Home Sexual Abuse Reporting Law in California?

A: The abuse reporting law in California refers to the Child Abuse and Neglect Reporting Act (CANRA). This law states that certain professionals are to be mandated reporters, meaning they are legally required to report abuse immediately after they discover it. This applies to certain professions, particularly those who have regular contact with children, including doctors, teachers, therapists, and social workers.

Q: Does Foster Home Sexual Abuse Have to Be Reported?

A: Generally, all forms of abuse must be reported by mandated reporters, including foster home abuse, physical abuse, sexual abuse, and emotional abuse. This also covers neglect and exploitation. Behaviors that should be reported include injuries, malnutrition, cruelty, and lack of proper adult supervision. In California, a report to child protective services or law enforcement is required if there is “reasonable suspicion” of abuse, even if the reporter has no evidence of it.

Contact the DeMarco Law Firm Today

If you or someone you know was subjected to child sexual abuse in a foster care system, the DeMarco Law Firm can advocate on your behalf and hold the offenders accountable. We relentlessly represent survivors of child sexual abuse throughout California. We work to uncover the entire story behind foster care sexual abuse cases. Contact us today to hire a foster care sexual abuse lawyer and speak with a representative.