The Call That Changed Everything
The call came from inside the foster home. A 14-year-old girl, barely whispering, told the caseworker exactly what had been happening. The nights her foster father came into her room. The threats to keep her quiet. The fear that no one would believe her.
The response? “We’ll look into it.”
Days passed. Then weeks. Nothing happened. She was still living in the same house, still enduring the same abuse. Her mental health and grades declined, and she withdrew from the activities she used to love.
This is the reality of reporting sexual abuse in foster care. The system too often protects itself, not survivors. But what many people don’t realize is that survivors have another option—one that doesn’t rely on CPS or law enforcement to do the right thing.
If you or someone you love was sexually abused in foster care, you don’t just have to report it and hope for the best. You can fight back and demand justice. Here’s how.
The Prevalence of Abuse in the Foster Care System
Children in foster care face an alarmingly high risk of sexual abuse, yet the true scope of the problem is often hidden. While some studies report that substantiated cases of abuse in foster care range from 0.27% to 2% annually, experts caution that many cases go unreported due to fear, coercion, and systemic failures.
A study published in the Journal of Child Sexual Abuse found that children in foster care experience twice the rate of lifetime trauma exposure compared to other children. Additionally, research confirms that youth in foster care suffer higher lifetime rates of sexual abuse victimization than their peers outside the system.
The perpetrators? Foster parents, foster siblings, group home staff and residents, professional caregivers, and even extended family members in kinship placements. No single part of the foster care system is immune to this crisis.
These statistics underscore a harsh reality: The current reporting mechanisms are failing many survivors.Without legal protections and real accountability, the cycle of abuse continues—often unchecked.
The Harsh Reality: The System Protects Itself—Not Foster Youth
One of the hardest parts of reporting foster care sexual abuse is the fear of being dismissed. Many survivors have already experienced what happens when they speak up: nothing.
- CPS may claim there’s not enough evidence or even accuse the child of lying.
- Caseworkers might ignore the report to protect the adults working within the foster care system.
- The abuser may have no official record—not because they’re innocent, but because previous reports were buried or ignored.
This isn’t accidental. The system is built to shield itself, not to protect the kids inside it.
- Foster care agencies have a financial interest in keeping things quiet. Many private and non-profit foster care placements, including group homes and residential facilities, receive funding based on the number of children in their care. The fewer “problems” reported, the better it looks for them.
- Abusers often go unchecked for years. Foster parents, group home staff, and even other foster youth who assault children are frequently given second chances—while the survivors are shuffled from placement to placement.
- Even when reports are taken seriously, justice is rare. Most foster care abuse cases never make it to criminal court. Even fewer end in convictions.
This is why civil lawsuits matter. Unlike a report to CPS, a lawsuit forces the child welfare system to answer for its failures.It removes the decision fromoverworked caseworkers and biased agencies and puts it in a courtroom where survivors’ voices can no longer be ignored.
In a civil case, the young person who was abused has their own attorney—someone whose sole job is to fight for them. Unlike CPS, which is supposed to act in a child’s best interest but often fails, a civil attorney directly represents the survivor, not the system. This means the survivor has a say in the process, the power to demand accountability, and the ability to seek real justice.
For many foster youth, this is the first time they’ve had an advocate truly in their corner—someone working for them, not the state, not an agency, not a foster parent. This kind of representation gives survivors power and control over their own case, rather than leaving their future in the hands of the very system that failed them.
Survivors are not powerless—but the standard reporting process isn’t enough to get justice. If the system refuses to protect the children in its care, it must be held accountable in court.
The Right Way to Report Foster Care Sexual Abuse in Colorado
Report the Abuse to CPS
- Call Colorado’s child abuse hotline: 844-CO-4-KIDS (844-264-5437).
- If the child has a guardian ad litem (GAL) or an attorney assigned to their foster care case, tell them as well.
- A GAL advocates for what is in the child’s best interests.
- A child’s attorney advocates for what the child wants.
- Either may be able to help ensure the abuse report is taken seriously within the foster care system.
Report the Abuse to the Police
- A report to CPS is not enough—law enforcement needs to be involved.
- Strong civil cases often arise when law enforcement investigates, and criminal charges are pursued against the perpetrator.
- A police investigation creates official records and evidence that may strengthen both criminal and civil legal actions.
Gather Documentation to Strengthen Your Case
- Keep texts, emails, or screenshots related to the abuse.
- Write down anything the survivor has disclosed word-for-word.
- If others know about the abuse, ask them to document what they’ve seen or heard.
Talk to a Civil Lawyer to See If You Have Civil Remedies
- Even if criminal charges are filed, that does not hold the child welfare system accountable. A civil lawsuit may provide justice beyond the criminal system.
- A civil attorney can investigate whether the foster care agency, caseworkers, or other responsible parties failed to protect the child and should be held legally accountable.
How Civil Lawsuits Help Foster Care Abuse Survivors Fight Back
A lawsuit isn’t just about money—it’s about justice and accountability. Unlike a CPS report, a lawsuit forces agencies to explain why they failed to protect a child.
Here’s what a lawsuit against the child welfare system can do:
- Expose negligence. Did CPS ignore past reports? Was the abuser allowed to stay in the system? A lawsuit uncovers the truth.
- Force policy changes. Many foster care lawsuits lead to system-wide changes that protect future kids.
- Provide financial support for survivors. This can help with therapy, medical care, housing, or education for those aging out of the system.
- Hold abusers and negligent agencies accountable. The focus isn’t just on the individual who caused harm but also on the system that let it happen.
Who Can Be Sued in a Foster Care Sexual Abuse Case?
Many survivors don’t realize that it’s not just the abuser who can be held accountable in court. Civil lawsuits can be filed against:
- State agencies that placed children in dangerous homes and failed to investigate reports of abuse.
- Caseworkers who ignored red flags.
- Group homes that didn’t protect residents.
- Residential facilitiesthat allowed dangerous staff to work with and supervise kids. (For more information about what to do if you or loved one was abuse at a residential facility, check out our blog post, “5 Tips if a Child is Abused at a Residential Facility.”)
If the system failed to protect a child, they can and should be held legally responsible.
Taking the First Step: How to Start Fighting Back Today
If you’re wondering, “Do I have a case?”—the best way to find out is to talk to someone who knows this fight inside and out.
Our firm represents young people who were sexually abused in foster care and helps them file lawsuits against the child welfare system. We understand how overwhelming this process is, and we’re here to guide you every step of the way.
You don’t have to commit to anything right now. But if you want to explore your legal options, we offer a free, confidential consultation.
Call us today to find out how we can help you fight back
Final Thought: You Are Not Powerless
For too long, survivors of foster care sexual abuse have been told to be grateful they had a roof over their heads. That they should “move on.” That no one will believe them.
That is a lie.
The system doesn’t change unless survivors demand change. You don’t have to stay silent. You don’t have to go through this alone. And you don’t have to let the people who failed you walk away without consequences.
If you’re ready to take the next step, we’re ready to help.
Schedule your free consultation today.