Chicago Foster Care Sexual Abuse Lawyer

Helping Foster Care Abuse Survivors in Chicago Seek Compensation in Civil Claims

The foster care system is meant to be a safe space for children to recover from abuse and neglect in their original family unit, but negligent foster parents can cause even greater harm. A Chicago foster care sexual abuse lawyer from Rosenfeld Injury Lawyers fights for the rights of sexually abused foster children, ensuring they receive the care and financial compensation they need to recover. Contact us today for a free consultation about your legal options.

Foster Care Settlements & Verdicts Recovered by Our Chicago Law Firm

$2,750,000: Marlene was mistreated at a Crystal Lake summer camp for foster children, including emotional abuse by threatening her if she spoke up. 

$1,000,000: As a child, Thomas was repeatedly assaulted by a counselor at a Gold Coast after-school program, and his foster parents did not intervene. He suffered from severe trauma and was able to recover a settlement as an adult.

What Makes Us the Best Sexual Abuse Lawyers in Chicago

Rosenfeld Injury Lawyers’ attorneys are proud members of the American Association for Justice, reflecting our commitment to justice for neglected children. Over the past 25 years, our sexual abuse attorneys in Chicago have secured $450 million in settlements for 5,000 victims, earning us a spot in the Million Dollar Advocates Forum. 

Types of Sexual Abuse Cases We Handle

Our law firm will assist you in filing civil claims against abusers and those who enable them. A civil lawsuit is focused on receiving financial compensation for a sexual abuse claim and is separate from a criminal trial. Types of cases we handle include:

• Foster care abuse perpetrated by foster parents
• Sexual or physical abuse by other children in foster care
• Child pornography and exploitation claims
• Negligent supervision resulting in abuse by unaffiliated adults
• Failure to intervene by child welfare organizations
• Aggravated sexual assault of foster children
• Inappropriate touching and molestation

What Are Common Forms of Sexual Abuse Against Foster Children?

A report by Brigham Young University found that almost 40% of former foster children had experienced some form of abuse or neglect while in the system, including illegal sexual activity. This form of abuse is often easier to hide than physical abuse that leaves marks, but it can be even more devastating. Common forms of foster care sexual mistreatment include:

• Unwanted touching by other children or family members
• Sexual assault or rape against a minor
• Forcing children to perform sexual acts for child pornography
• Cases involving both sexual and physical abuse
• Sexually-related emotional abuse, such as inappropriate comments

What Are the Most Common Causes of Foster Sexual Abuse in Chicago?

Though foster parents have a legal responsibility to protect foster children from harm, many fail to uphold these duties, leading to mistreatment and exploitation. Common causes of abuse in the foster care system include:

• Negligent monitoring of the foster parent by the Illinois Department of Children and Family Services (DCFS)
• Inadequate background checks before approving a foster parent
• Allowing unrelated individuals or other family members access to foster children
• Failing to supervise foster children when interacting, especially older children interacting with younger children
• Inadequate training on how to identify signs of abuse and intervene
• Social workers failing to identify potential harm and intervene

What Are the Most Common Consequences of Sexual Abuse?

Researchers at Illinois State University explored the long-lasting physical and emotional damage caused by inappropriate sexual activity. These consequences included: 

• Post-Traumatic Stress Disorder (PTSD)
• Anxiety
• Depression
• Loss of trust in authority figures
• Difficulties with interpersonal relationships
• Higher risk of sexual trauma later in life
• Feelings of shame, betrayal, and powerlessness

Victims can also suffer from physical harm caused by the abuse, which includes gastrointestinal disorders, cardiovascular disease, and diabetes. 

What Damages Can Sexual Abuse Victims Recover in Illinois?

We will fight hard for fair compensation, ensuring that you receive the funds you and your family need to heal. These damages can include:

• Medical bills
• Future medical care
• Therapy and behavioral health
• Loss of future income
• Physical pain and suffering
• Emotional distress
• Loss of normal life

What Is the Average Payout for Chicago Foster Care Abuse Cases?

The average payout for sexual foster care abuse is $33,816,174. Payouts range between $250,000 and $485,000,000. Your payout will be influenced by the victim’s age, the frequency and severity of abuse, overall damages, liability, and available evidence. 

Example Cases of Foster Care System Abuse

G.S., an 8-year-old girl, was repeatedly assaulted by her foster father. He was later convicted of seven counts of criminal sexual contact with a minor. There had been previous allegations of misconduct, but the foster care organization still chose to place the victim in that household. Additionally, it was found that the agency destroyed evidence during the investigation. A jury awarded the victim $485,000,000.00. 

“D.P.,” 13, was placed in an unsuitable foster home, where she was raped and sexually trafficked by the adult son of the foster parent. The adult son allegedly took her to hotels, where she was forced to perform sexual acts with adults. D.P. sued both the individual perpetrators and the hotel system that failed to identify signs of trafficking. The case was settled for $9,380,000.00. 

Why You Need a Chicago Foster Care Abuse Attorney

These cases require a compassionate touch from experienced attorneys who understand the long-term impacts of abuse on vulnerable children. 

We use a trauma-informed approach to litigation that minimizes potential retraumatization while empowering children to share their stories. Our attorneys will handle communication with perpetrators, their defense counsel, and other third parties on your behalf so that you don’t need to worry about facing the abuser again. 

Individual perpetrators, foster care agencies, and their insurance companies will strenuously deny liability. In some cases, they will even discredit the victim or imply that they were responsible for their own mistreatment. We ensure that these parties are held liable by meticulously gathering evidence, consulting with experts on sexual trauma, and navigating the many laws that govern the foster care system. 

Additionally, evaluating damages requires understanding the long-term consequences of foster care abuse, as this ensures we can accurately assess what needs the child may have in the future. With over 100 years of combined legal experience, we have the skills and expertise necessary for successful settlements.

How Common Is Child Sexual Abuse in the Chicago Foster Care System?

In fiscal year 2025, 12,403 sexual abuse allegations were reported statewide to the Department of Children and Family Services. The Cook region had 3,855 allegations, representing 31.1% of all allegations in the state. 68 human trafficking victims were identified in the Cook region that year, with 16 victims of sex trafficking. 

In 2024, there were 952 requests for foster care investigations throughout the state of Illinois, with 221 of these coming from Cook County. Multiple of these involved sexually abused individuals who subsequently died due to physical harm, such as intentional acts of violence.

Where Do Foster Care Abuse Cases Occur Most Often in Chicago?

Foster children are significantly more likely to be victims of sex crimes than the general population, an issue that has been studied for more than two decades. Common places where foster care abuse cases occur include:

• Foster homes with more than one child
• Foster homes with unaffiliated adults living with the children
• Youth camps and summer camps designed to support foster families
• Foster homes with short-term placements
• Homes with foster parents previously accused of inappropriate conduct

What Laws Govern Civil and Criminal Cases of Sex Abuse in Chicago?

Firstly, children have the right to freedom and safety under local, state, and federal law. The Chicago Human Rights Ordinance states that everyone has the right to be free from physical, emotional, or sexual harm, regardless of their age or gender (6-10-040). 

In criminal law, child victims are protected by the Bill of Rights for Children, including the right to have abuse allegations investigated by a trained forensic interviewer (725 ILCS 115/1). 

The Foster Parent Law determines the rights and obligations of these caregivers, which include receiving adequate training, undergoing a background check, and serving as a mandated reporter (20 ILCS 520/1-1). Federal law, particularly the Adoption and Safe Families Act of 2014, mandates criminal background checks for all placements (Public Law No: 105-89). 

Institutionally, both the state and care agencies are required to uphold the Abused and Neglected Child Reporting Act (325 ILCS 5), which charges agencies with investigating and referring potential abuse to the appropriate authorities.

Any allegations must be reported in accordance with Rules 300, Reports of Child Abuse and Neglect. This act identifies foster parents and welfare agencies as mandated reporters, along with doctors and social workers. Those who fail to report potential abuse may face removal of their licensing, including foster parents (325 ILCS 5/4).

Any individual who was abused before the age of 18 has an extended statute of limitations, which lasts up to 20 years after they turn 18, or within 20 years of discovering that their injuries were connected to foster care abuse (735 ILCS 5/13-202.2). 

Hobert v. Covenant Children’s Home determined that the extended statute of limitations applies to non-immediate abusers, such as organizations that failed to intervene. 

Who Can Be Held Liable for Foster Sexual Abuse in Chicago?

Potentially liable parties can include:

• The individual perpetrator
• Negligent foster parents
• Social workers and case managers
• Mandated reporters who failed to report abuse
• Foster care agencies that fail to perform necessary background checks

Common Defenses in Chicago Foster Care Abuse Cases

Perpetrators, foster care agencies, and the child welfare system as a whole will attempt to deny liability and refute the victim’s story. However, we are highly familiar with these defenses and will ensure that you have the best chance at financial recovery. These are some of the most commonly used defenses and how we can refute them.

Statutory Limitations: Even though Illinois law provides an extended statute of limitations, insurers may argue that the victim did not file within a reasonable timeframe of the date that they should have discovered the abuse. We will rely on law, witness statements, and timeline reconstruction to demonstrate that the claim was filed in a timely manner.

Lack of Corroborating Evidence: Due to the shame and stigma of foster care abuse, the victim may not have told anyone before they came forward, after which time forensic evidence may have been lost. The defense will then argue that there is nothing but the victim’s statements to prove the abuse occurred. However, we can review medical records, school reports, social worker reports, and other evidence to demonstrate that there were clear signs of potential harm.

False Memory Defense: The false memory argument is often used against children who come forward years later, with perpetrators claiming that they made it up or were coaxed into making allegations by untrustworthy therapists. We will rely on expert witnesses who can explain that false allegations of abuse are incredibly rare, then corroborate the evidence using contemporaneous evidence like medical records, social worker interviews, and assessments by foster care agencies.

No Prior Notice: Foster organizations will claim that there were no signs of potential abuse or that the foster placement had a clean record. However, we can find witnesses willing to attest to their concerns at the time of the abuse and review background checks to demonstrate potential warning signs of an abuser.

Consent: The defense may argue that older children and teenage victims consented to the activity, even though it was illegal. In some cases, they may state that a victim’s previous sexual behavior or “promiscuity” meant they consented to the sexual contact. However, we will work with child psychologists and abuse specialists who can demonstrate that sexual risk-taking is often the result of trauma and does not discount a person’s allegations.

How to Strengthen Your Foster Care Abuse Case in Chicago

Prompt action is crucial to both protecting the child from further harm and seeking justice. Follow these steps immediately. 

• If the child is in immediate danger, contact the police and the local child welfare agency.
• For cases of recent abuse, take the child to the emergency room and request a forensic exam. The Chicago Children’s Advocacy Center administers exams in coordination with the Lurie Children’s Hospital Protective Services Team. 
• Call the Department of Children and Family Services at 1-800-25ABUSE (252-2873) or use their anonymous reporting system to report suspected abuse. 
• Ensure that the child is moved to a safe environment, away from the perpetrator, and do not speak to the perpetrator without an attorney present.
• Gather evidence of the foster care abuse, including medical records, photographs of any injuries, and victim testimony.
• Ensure the child has adequate support from trained professionals, including therapists, social workers, and doctors.
• Gather witness statements from others who saw or suspected the abuse.
• Do not speak to agencies, former foster homes, or insurance companies without your attorney.
• Contact a law firm experienced in handling foster care abuse for a free consultation. 

How Our Chicago Lawyers Can Help

We understand the sensitive nature of foster care abuse cases and use a trauma-informed process when litigating. Our goal is to ensure that justice is served and that victims can move forward with their lives. 

To begin, our Super Lawyers rated firm will protect the victim’s privacy while investigating the case. We can petition the court to take the case with a fictitious name, such as John Doe, or use only the victim’s initials for privacy reasons. We will also handle all communication with third parties so that the victim and their loved ones can focus on healing. 

Our investigation will include gathering medical reports, expert testimony, and witness statements. This will also reveal all potentially liable parties, ensuring that every negligent individual or organization is held accountable.

The victim’s story is the primary focus of our investigation, as we empower victims to take back their power and begin to heal. Our attorneys are trained in taking depositions from minor victims to reduce their stress. 

We will file a claim with the Circuit Court of Cook County or the United States District Court for the Northern District of Illinois, depending on which jurisdiction your case falls under. 

When this is complete, we enter negotiations with the liable parties, pushing for maximum compensation based on the victim’s injuries and evidence. Thanks to our experience with these claims, we can ensure all future care needs are included in a settlement.

Many cases settle out of court, sparing the victim the need to face the perpetrator. However, we prepare every case as if it will go to trial and provide expert legal representation during the trial process.

FAQs

What are common signs of sexual abuse in foster children?

According to the Rape, Abuse, and Incest National Network, common signs of sexual abuse in children include:

• Physical injuries to the genital area
• Sexually transmitted infections
• Regressive behaviors like bedwetting and thumb sucking
• Fear of specific individuals, such as other foster children or the foster parent
• Nightmares and fear of going to sleep
• Behavior changes, including aggression, isolation, and anxiety
• Poor academic performance

Children of different ages will demonstrate unique signs of abuse, making it crucial that you consider the child’s age and maturity level when looking for warning signs. 

How much does a sexual abuse attorney cost in Chicago?

We pursue justice on a contingency fee basis, meaning you owe us nothing unless we win your case. 

Can I file a lawsuit even if the abuser was never criminally convicted?

Yes, you have legal recourse even if the individual was never charged. A civil lawsuit is a separate legal process from criminal charges and is meant to offer compensation to victims. 

Consult a Chicago Sexual Abuse Lawyer Near You

Rosenfeld Injury Lawyers is the leading foster care abuse law firm, serving Chicago, Cook County, and Illinois as a whole. We work on a contingency fee basis, ensuring that victims of abuse can afford the best possible legal representation regardless of their financial means. To schedule a free consultation with a compassionate personal injury attorney in Chicago, call us at (888) 424-5757 or use our online contact form. 

Specific Cases We Handle

• Chicago Hazing Lawsuits
• Chicago Hotel Sexual Assault
• Chicago Massage Therapy Assault

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895

We also serve clients from Buffalo Grove, Decatur, Schaumburg , Springfield and throughout Illinois.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.