Sexual abuse by foster parents can have a devastating effect and cause significant damages. However, a civil action against the individual perpetrator(s) may not be possible (if they are deceased) or worthwhile (if they are impecunious). The survivor's only recourse may be against the Children's Aid Society. There are three possible ways a CAS may be liable for sexual abuse committed by foster parents; vicarious liability, breach of non-delegable duty and negligence. If the CAS is liable for the abuse it will have the means to satisfy the judgment. In many cases, the CAS will also have insurance coverage for such claims.
Wednesday, May 20, 2015
Canada: Can A Children's Aid Society Be Liable For Abuse By Foster Parents?
Canada: Can A Children's Aid Society Be Liable For Abuse By Foster Parents?
Sexual abuse by foster parents can have a devastating effect and cause significant damages. However, a civil action against the individual perpetrator(s) may not be possible (if they are deceased) or worthwhile (if they are impecunious). The survivor's only recourse may be against the Children's Aid Society. There are three possible ways a CAS may be liable for sexual abuse committed by foster parents; vicarious liability, breach of non-delegable duty and negligence. If the CAS is liable for the abuse it will have the means to satisfy the judgment. In many cases, the CAS will also have insurance coverage for such claims.
Sexual abuse by foster parents can have a devastating effect and cause significant damages. However, a civil action against the individual perpetrator(s) may not be possible (if they are deceased) or worthwhile (if they are impecunious). The survivor's only recourse may be against the Children's Aid Society. There are three possible ways a CAS may be liable for sexual abuse committed by foster parents; vicarious liability, breach of non-delegable duty and negligence. If the CAS is liable for the abuse it will have the means to satisfy the judgment. In many cases, the CAS will also have insurance coverage for such claims.
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