Herman Law Firm is pleased to announce a significant legal milestone for foster care lawsuits in the New York Court of Appeals’ decision in Weisbrod-Moore v. Cayuga County. This ruling sets an important precedent regarding the duty that municipalities owe to foster children, reinforcing legal protections for survivors of childhood abuse and ensuring accountability for government agencies responsible for the welfare of foster children.
Case Overview
Our client, a survivor of childhood sexual and physical abuse, filed a lawsuit under the Child Victims Act (CVA), alleging that Cayuga County was negligent in her placement and supervision as a foster child in the County’s custody and under its care. Our client contends that while in foster care, they suffered years of abuse at the hands of her foster parent and that the county failed in its responsibility to provide adequate oversight and protection.
Cayuga County sought to dismiss the lawsuit, arguing that it could not be held liable unless our client established a “special” duty, a legal standard applied in municipal negligence cases involving police and fire services. The lower appellate court ruled in the County’s favor, dismissing the case. However, the New York Court of Appeals reversed that decision, ruling that municipalities do, in fact, owe a duty of care to children in their custody.
The Court’s Decision
The New York Court of Appeals determined that municipalities have a legal duty to protect foster children, as they assume full custody and control over them. The Court rejected Cayuga County’s argument that a survivor must establish a “special” duty, holding that children placed in foster care are entitled to protection under common-law negligence principles.
This ruling establishes that when a municipality assumes legal custody of children, it is responsible for ensuring their safety in foster placements. Government entities cannot evade accountability through procedural defenses when they fail to uphold this duty.
Moving Forward: What Comes Next?
“This decision is a crucial step toward ensuring that municipalities fulfill their legal obligations to protect children in their care,” said Jeff Herman, CEO of Herman Law. “We remain committed to fighting for our clients and holding institutions accountable for their failures.”
With this ruling, the lawsuit Weisbrod-Moore v. Cayuga County moves forward, and our firm remains committed to advocating for our client as the next steps in the legal process unfold. The next phase will involve further legal proceedings to determine the full merits of the case, in which a jury will determine whether the County acted with reasonable care in protecting the foster child in its custody.
Beyond this case, the decision has broad implications for municipalities across New York. It reinforces their duty to provide effective oversight and protection for children in foster care, ensuring that government agencies remain accountable for their role in safeguarding vulnerable individuals.
At Herman Law, we are dedicated to advocating for survivors of sexual abuse and ensuring that institutions uphold their legal responsibilities. If you or a loved one has experienced sexual abuse in foster care or a similar setting, our experienced team is available to provide legal assistance and confidentially discuss your options.
Prior results do not guarantee future outcomes