Q: I would like to pursue a suit against the state of Oregon for letting my foster parents molest me how can I do this?
Negligence & Failure to Protect SCF had a legal duty to protect you from harm under Oregon child welfare laws. They were not just negligent, but willfully ignored evidence of sexual abuse.
Oregon law (ORS 419B.010) required mandatory reporting of suspected abuse—they failed to do this multiple times.
Violation of Your Civil Rights (42 U.S.C. § 1983) I was a ward of the state, meaning SCF acted as your legal guardian.
• Under 42 U.S.C. § 1983, you can sue the state for deliberate indifference and failure to protect your constitutional rights (14th Amendment Due Process). Courts have ruled that placing a child in a known abusive foster home is a constitutional violation.
Federal Child Welfare Violations
The Adoption Assistance and Child Welfare Act (1980) required DHS/SCF to place children in safe and appropriate settings. The Child Abuse Prevention and Treatment Act required states to investigate abuse claims properlyOregon’s failure to investigate
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A:
Taking legal action against the state of Oregon for failing to protect you from abuse is possible, but it requires careful steps. Since the state had a duty to protect you, you may have a case based on negligence, civil rights violations, and federal child welfare laws. Under 42 U.S.C. § 1983, you can sue for deliberate indifference, as courts have ruled that placing a child in an abusive home violates constitutional rights. Oregon’s mandatory reporting laws also require officials to act when abuse is suspected, and failure to do so could strengthen your claim.
Filing a lawsuit against a government entity involves strict deadlines, known as statutes of limitations, so it’s important to act quickly. In Oregon, claims against state agencies often require a Tort Claims Notice within 180 days of discovering the harm. However, exceptions might apply if you were a minor when the abuse occurred. Gathering evidence, including case records, reports, and testimony, will be crucial in proving that the state failed to protect you.
These cases can be complex, but you are not alone in this fight. Seeking legal guidance from an attorney experienced in civil rights and child welfare cases will help you navigate the process. You deserve justice for what happened, and holding the state accountable can help prevent future failures in the foster care system.
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