Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file a foster care abuse lawsuit if the abuse happened years ago?
Yes, in most cases. Under CPLR §208(b), New York's Child Victims Act extends the civil filing deadline for childhood sexual abuse survivors until age 55. A separate provision, CPLR §214-g, briefly allowed survivors of any age to revive previously time-barred claims, but that window closed on August 14, 2021. If your claim hadn't already expired before 2019, or you filed during that window, you're likely still protected under the age-55 rule today. An attorney can review your specific timeline.
Can I sue the foster care agency, not just the individual abuser?
Yes — institutions like foster care agencies and supervising organizations can be held civilly liable for negligent hiring, supervision, or retention of individuals who committed abuse. Civil liability exists independently of any criminal case.
What if I am not ready to talk about details yet?
You don't have to share everything at once. Banville Law's referral attorneys can explain your legal options at your pace, with no obligation to proceed. Every conversation is protected by attorney-client privilege.
Where can I find crisis support while I consider my legal options?
The RAINN National Sexual Assault Hotline (800-656-4673) is free, confidential, and available 24/7. You can seek emotional support independently of any legal decision — you decide next steps.
Can I sue a public agency like a city ACS or county Department of Social Services, not just a private foster care agency?
Yes. Public child-welfare bodies — a city Administration for Children's Services or a county Department of Social Services — can be named alongside private placement agencies and individual foster parents. Suing a government entity in New York normally requires an early notice of claim, but the Child Victims Act eased that requirement for childhood sexual abuse cases, so a missed notice deadline generally does not bar your claim. An attorney can confirm how it applies to your situation.
What does a foster care agency have to have done wrong to be held responsible?
You don't have to prove the agency knew the abuse was certain to happen. Agencies can be liable for negligent screening or background checks, placing a child in an unsafe home, ignoring red flags or prior complaints, and failing to monitor a placement. The question is whether the agency's failures created the opening for the abuse — not whether it intended harm.
What if I don't remember the agency's name or which foster home I was placed in?
That usually isn't a barrier. Placement and case records are kept within the child-welfare system, and an attorney can request them to identify the responsible agency, the foster home, and the caseworkers involved. Many survivors start with only fragments of memory, and the records fill in the institutional details needed to build a claim.