Can I sue? | Valentine J. Wallace, Esq. Law Office

June 18, 2018

Question

My mom and I were in foster care together in 1992.... we was living with a family in a my mom told the foster care agency that she was scared for her life and that my dad would not get leave her alone... they removed us from the home and placed us into another home!! However she continued to complain about my dad and they did nothing. April of 1993 he killed her in our foster home and killed his self!! Is there anything I can do legally because my mom was killed in care!

Answer

Presumably, you're considering an action against Child Services for failing to prevent the 1993 homicide, on the theory that they owed you a 'special duty' of protection after you alerted them to the danger from a third party (your father). The police were likely also involved. These are very tough, fact-specific cases with many hurdles to overcome. The passage of time will mean records may have since been destroyed. While the statute of limitations is "tolled' for an infant, it re-starts again once they turn 18. Actions against State or Municipal agencies have strict notice of claim requirements. Unless, you just turned 18, you're probably too late to bring an action. Even if you are within the statute, it's still a very challenging case.

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