Dozens of families, after being split from their loved ones at the border, are preparing to sue the United States federal government for allegations of their children being sexually, physically or emotionally abused in federally funded foster care. The Associated Press obtained 38 claims that show tax payers could be on the hook for more than $200 million in damages. More lawsuits are expected to be filed, potentially totaling in the billions.
Claims Filed Under the Federal Tort Claims Act
The migrant families are making claims under the Federal Tort Claims Act as a precursor to filing lawsuits. The FTCA allows individuals who suffer harm as a direct result of federal employees to sue the government. The government has six months to settle FTCA claims from the time they are filed. After that, the claimants can file their lawsuit against the federal government.
The department of Justice and Homeland Security are also named in these claims. Health and Human Services, the agency responsible for the care of migrant children, cared for approximately 50,000 children who crossed the border by themselves, as well as children who were separated from their families at the border.
The legal claims allege that the migrant children have suffered serious emotional trauma after being physically harmed of fondled by other children while in foster care. These claims expect to grow as more children are being detained by the current administration with few checks and balances on that power.
If you or a loved one has been the victim of sexual abuse, molestation or harassment, it is important to immediately contact an attorney to protect the legal rights of your loved one.
At the Carrillo Law Firm, LLP, our child sexual abuse lawyers can help you better understand your legal rights and options. Our experienced legal team will provide you with a comfortable atmosphere that will promote an honest exchange of information. For more information or to schedule a complimentary confidential consultation with one of our knowledgeable attorneys, please call us at 626-799-9375.