Illinois Foster Care Abuse Lawyer: When the Placement Was the Danger

A foster placement is made by an agency that is supposed to have checked it.

  • Free
  • Confidential
  • No police report required
  • No conviction required

You do not need to have reported it, and nobody needs to have been charged. A civil claim asks a different question from a criminal case: what DCFS or a licensed private agency knew, what it should have known, and what it did.

Ervin Nevitt, Esq., sexual abuse lawyer and partner at Coplan + Crane.
Ervin Nevitt · Partner, Coplan + Crane
Illinois bar registration 6319808 · admitted 2014

What makes these claims different

A foster placement is made by an agency that is supposed to have checked it. When a child is harmed in that placement, the question is what the agency knew about the home, what checks it made, and what it did when a concern was raised.

Where DCFS placed the child, the defendant is a state agency, and the claim is brought against the State in the Illinois Court of Claims, under its own filing requirements and damages limits. Where a private licensed agency placed them, the claim is brought against that agency in the ordinary courts. Which it was decides the shape of the claim.

Who the claim is brought against

A claim of this kind is usually brought against DCFS or a licensed private agency, rather than only against the
individual. The theory that most often carries it is negligent placement, though in practice
several run together, and which one fits is a question about your facts rather than a category.

Because the responsible body may be the State (through DCFS) or a private agency working under contract with DCFS, identifying which one made and supervised the placement is the first thing to check in a claim of this kind.

Questions people ask

Do I need to have reported it?

No. A civil claim requires no police report, no charge and no conviction. Most of the people we speak to never reported.

Will my name be public?

Steps can be taken to protect your identity in the court record. We explain them before anything is filed.

What if I only remember part of it?

That is ordinary. These cases are built from institutional records rather than from a complete account.

What actually happens if you contact us

Nothing is set in motion by asking a question.

  1. You speak to a person

    Not a form, not an intake script. You do not have to describe what happened in order to have the conversation.

  2. We look into who had a duty

    Which institution was responsible, what it knew, what records exist, and whether a claim can still be brought. That work costs you nothing.

  3. You decide

    We tell you plainly what is possible. If you decide not to go ahead, that is the end of it and what you told us stays confidential.

  4. If you go ahead, we carry it

    Filings, deadlines, records and the institution's insurers. Steps can be taken to protect your identity in the court record.

Call (708) 671-6858 Free case review