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Court Rules In Favor Of Children Sexually Abused In Foster Care

POSTED: Monday, February 2, 2009

A settlement has been reached in the case of three foster children suing the state after they were sexually abused in a local foster home.

Sex Abuse Lawsuit
The children's attorney, Brian Cabrey, claimed that child welfare workers knowingly placed the youngsters in a home with other young people who had a history of sexual aggression.

Cabrey said the former Department of Children and Families employees violated his clients' 14th Amendment right when they failed to prevent the children from being sexually abused while in foster care.

The courts agreed, saying the employees failed to protect the kids.

The federal case made it all the way to the 11th U.S. Circuit Court of Appeals in Atlanta. There, the court ruled in favor of the children, giving them the right to sue for the abuse they experienced.

"This should never have happened to these kids. You can't pick your parents, and the state had a role to play in these kids' lives and should have saved them and protected them," Cabrey said.

According to court documents, the abuse took place between 1999 and 2000, and at the time, the three children were all under the age of eight and placed in the same foster home with two teenage boys who were known to be sexual predators. One of the teens had previously been sexually abused by an adult male caretaker.

Cabrey said while the foster parents went to work, the younger kids were sexually assaulted.

"They were beaten up. They were raped, repeatedly. No child deserves to be abused, period," Cabrey said.

He said the former DCF workers knew the kids were at risk when they were placed in that particular foster home and that risk was ignored.

"The state should have done a better job placing these kids when the state knew who they were placing these kids with. They certainly should have taken steps to protect these kids or prevent what happened from happening," Cabrey said.

Shortly after the ruling in Atlanta, the state settled for nearly $3 million.

Cabry said the case now sets precedence and gives other victims a chance.

"Hopefully, fairer treatment, better results and a better time getting the help they need," Cabrey said.

In a statement from DCF, the department said:
    "This was a very tragic case of harm to children in a foster home. We wish it had never happened. We are glad that all parties have agreed to a settlement that can take care of the children's future needs, and we hope they will recover."
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