childhood neglect/abuse & the statute of limitations

[Dana1010]

There is a particular state agency that my parents got one over on when I was a kid. If they were doing due diligence they would have caught onto some extremely messed up stuff that was happening. If they knew about this, the state would have taken us away, probably. They had some policies in place that weren't adequate.

I brought this to their attention recently. I told them I thought my siblings and I should recipient monetary damages for the negligence. They brushed me off and told me to get an attorney.

The attorneys I've spoken to tell me that the statute of limitations is expired and there's no case.

Well, these people ruined our lives, and they could never have got away with it if it wasn't for their shitty, inadequate policies. All they can tell me is the statute of limitations is expired.

Has anyone experienced similar issues? I can't believe there's no recourse available.

I had a therapist once who told me she had a client who'd experienced sex abuse at the hands of a priest. He was somehow able to get the church to pay for his therapy. Where does the statute of limitations figure into that? How did he get around it? Is there any way we can get some kind of out-of-court settlement? Can I find a lawyer somewhere who's willing to take a chance on this case?

 

[Teamwork]

It is difficult for me to recall how this worked, but as I am Canadian, I can only speak for the law here. I did file with a lawyer a number of years ago and the reason it was permitted beyond the statute was it fell under two things, historical abuse and my understanding of it being abuse or that I was not aware there was a way to get recourse. So, there are some crimes like being robbed that you have a time period you must abide by and the justice system guides you through, therefore you cant say you didnt know there was a way to be heard. In my situation I had in home abuse, followed by abuse in foster care. It, according to the initial assessment by the lawyer was a huge lawsuit. However, once she got my records from the different agencies involved in my life as a child and read the history, she phoned and advised that she did not feel she could win the case against the foster dad because the court proceedings would be tied up in a fight regarding provable damage. Basically, since my family of origin was quite abusive the two lawyers would have to decide if I was already damaged, versus how much damage did the foster dad do? I came away very saddened by the idea that it couldnt be prosecuted because I was damaged goods before the foster dad got his hands on me. I did carry on with the criminal injuries part though, naming, mom, dad and foster dad in that one and all were found to be at fault and my compensation was extremely high, plus therapy was awarded for a certain time period, that I could ask for a variance on.I did ask for the variance three times and after that criminal injuries replied with a letter stating they recognize I was injured as a result of these crimes against me but that they could not pay until I was better. It was another blow, but on the upside, the psychologist who I was seeing under criminal injuries decided to keep me on pro bono. I am very fortunate, inspite of what I just wrote. Also, it is a very difficult process to go to a lawyer, tell your story and get them the documentation they want.

 

[Dana1010]

@Teamwork, thanks for your reply. Can you tell me who you actually sued? I mean, I suppose in the case of the foster parent, you could sue social services, or whatever entity gave him the right to foster. Is that correct? But in the case of abusive biological parents, who do you sue for those injuries?

Thanks. ? ((Hugs)) (Can't find the smiley for hugs, lol)

 

[EveHarrington]

It’s a matter of criminal court VS civil court. Criminal court involves bringing charges against someone, and yes, some crimes do have a statute of limitations. Your only recourse now is through civil court, where you can sue for monitary compensation. You can try to find a lawyer who will take your case, but depending on the strength of your case, the lawyer may require a retainer which is oftentimes thousands of dollars. I’d try to find a lawyer to help you sue.

 

[Dana1010]

It’s a matter of criminal court VS civil court.

No one I've spoken with has mentioned this distinction to me. Are you sure it matters? Do you know where I would find a "civil" lawyer as opposed to one of these guys huffing and puffing to me about the statute?

 

[Teamwork]

@Teamwork, thanks for your reply. Can you tell me who you actually sued? I mean, I suppose in the case of the foster parent, you could sue social services, or whatever entity gave him the right to foster. Is that correct? But in the case of abusive biological parents, who do you sue for those injuries?

Thanks. ? ((Hugs)) (Can't find the smiley for hugs, lol)

This was a lawyer who specializes in cases against foster care providers. Foster dad is still alive, parents deceased, so foster dad would of been sued. However since it fell apart, he was only notified by criminal injuries of the claim against him. He was permitted to be at the criminal injuries hearing or just agree to the statement of claim. He declined being at criminal injuries and I do not actually know what he did with the agree to the claim or not. He was sent a copy of it though.

 

[Dana1010]

@Teamwork,

So you attempted to seek damages from that individual? Not the state agency that allowed him to foster?

 

[EveHarrington]

No one I've spoken with has mentioned this distinction to me. Are you sure it matters? Do you know where I would find a "civil" lawyer as opposed to one of these guys huffing and puffing to me about the statute?

I’m sorry, I’m not sure what kind of lawyer would be the best. Maybe one who is familiar with family issues?

 

[Sideways]

Limitation periods in civil and criminal matters vary from one jurisdiction to another. On top of that, the limitation period for one type of civil or criminal case may be different to the limitation period for a different kind of civil or criminal case.

Eg. Let’s say Parent was abusing a child, and Foster Institution failed to investigate properly, so the abuse continued.

The criminal charges against Parent are abuse.
The criminal charges against Institution are failing to act adequately.
That’s a significant distinction, and the limitation period against Parent is often unlimited, while the limitation period might expire within a few years.

Exactly the same can be applied in civil matters. The civil claim against Parent is a different legal wrong to the legal wrong committed by the Institution. So diffierent limitation periods can apply when seeking damages, depending on what the basis of the claim is. Again, the limitation period for damages sought from abusive Parent are often longer than the limitation period for incompetent Institution.

The only way to find out what the various limitation periods are for where you live? Is to ask someone qualified to give that advice in your jurisdiction. There may be a community law centre near you than can give you the answer at little or no cost.:)

 

[shimmerz]

Teamwork, I am wondering if perhaps you could provide me with more information on how you went about this. My life, too, was ruined by CCAS, foster care, birth parents but mainly due to CCAS's literally putting me and keeping me in dangerous situations. I was told by one lawyer that because I wasn't sexually assaulted (and who can prove that when one is 2 years old or less) that my case wouldn't fly. Meanwhile my life is in ruins.

Dana, I absolutely feel what you are saying. This whole lack of accountability with these agencies/people etc is mind blowing. I am so sorry you went through that and hope that you will be able to get some sort of compensation for the situations you were forced into as a child.

 

[Teamwork]

@Teamwork,

So you attempted to seek damages from that individual? Not the state agency that allowed him to foster?

The lawsuit, had it been able to proceed, would of named all parties involved. the CAS, the foster home and the agency that worked with that foster family.

 

[Teamwork]

Teamwork, I am wondering if perhaps you could provide me with more information on how you went about this. My life, too, was ruined by CCAS, foster care, birth parents but mainly due to CCAS's literally putting me and keeping me in dangerous situations. I was told by one lawyer that because I wasn't sexually assaulted (and who can prove that when one is 2 years old or less) that my case wouldn't fly. Meanwhile my life is in ruins.

Dana, I absolutely feel what you are saying. This whole lack of accountability with these agencies/people etc is mind blowing. I am so sorry you went through that and hope that you will be able to get some sort of compensation for the situations you were forced into as a child.

I called a lawyer who had made this her sole focus of practice. She dealt with people who had been harmed in care of children’s aid Society homes. She specialized in these types of cases and advertised that way. I’m pretty sure I saw her ad, phoned her, followed her lead. Basically, phone intake, followed by in office appointment followed by writing to agencies to get my records and having all my siblings sign off on the records as they too were in the records. The collection of information alone took about three months as my records were in more than one city and more than one institution. some records were only a letter stating dates I was in their care.