New Jersey Foster Care System Held Accountable in Landmark Child Sexual Abuse Verdict

Stewart Ryan, Esq. -  NJ Abuse Guardian

In a landmark decision, a Middlesex County jury has awarded a $25 million verdict against New Jersey's Division of Child Protection and Permanency (DCPP) in a case involving the sexual abuse of a foster child. This verdict marks the first Child Victims Act case brought to trial against the State of New Jersey, setting a significant precedent for future cases of institutional negligence in child protection.

Details of the Case

The lawsuit, filed under the Child Victims Act, outlined a harrowing series of events where the NJ victim suffered sexual abuse in three separate foster homes between the ages of 6 and 9. The abuse began in 1987 when the child was just five years old and continued until she was 9, despite her attempts to report the abuse to her caseworker.

Failure of the Child Protection System

The jury's decision highlights a catastrophic breakdown in the state's child protection system:

• The DCPP failed to adequately investigate reports of abuse and neglect
• The victim was placed in multiple foster homes where abuse occurred
• Even after the child reported "extremely disturbing and alarming" sexual abuse, the state failed to remove her from the abusive environment

Legal Implications

The jury unanimously ruled in favor of the victim, holding the DCPP 99% liable for the $25 million verdict. However, due to a pre-trial agreement, the award was capped at $12 million, which was approved by Superior Court Judge Patrick Bradshaw.

Impact on Future Cases

This verdict sends a powerful message to the DCPP and similar institutions about their responsibility to protect vulnerable children. Matt Bonanno, one of the attorneys representing the victim, expressed hope that this case would help bring similar foster care abuse cases to resolution without the need for lengthy trials.

Attorney Commentary

Stewart Ryan, Esq., a senior attorney at Abuse Guardians, provided the following commentary on the case: "This verdict represents a significant shift in holding state agencies accountable for their role in protecting children. The $25 million award, even with the $12 million cap, demonstrates the severity of the negligence and the lasting impact of childhood sexual abuse. It's a clear message that institutions entrusted with child welfare must take their responsibilities seriously or face severe consequences. This case may open the door for more survivors to seek justice against systems that failed them."

Source:

https://www.mycentraljersey.com/story/news/local/courts/2024/03/15/child-victims-act-nj-lawsuits-settlements/72973500007/