Foster Care Negligence and Abuse

Foster care is intended to provide vulnerable children with a safe, supportive environment while they await reunification with family or adoption. Unfortunately, this system does not always function as intended. When foster care fails—due to abuse, neglect, or institutional breakdowns—the consequences can be devastating. Children who have already experienced trauma may be subjected to further harm at the hands of those entrusted with their care. At The Law Offices of John Day, P.C., we are dedicated to helping children and families throughout Nashville, Davidson County, Brentwood, Murfreesboro, and beyond pursue justice and accountability when harm occurs in foster placements.

Claims involving foster care negligence or abuse are among the most sensitive and legally complex cases we handle. These cases require not only a deep understanding of Tennessee child welfare statutes but also the experience to navigate governmental immunity, private contractor liability, and the long-term impact of abuse. If you suspect that a child in foster care has suffered harm due to negligence or abuse, contact our firm at (615) 742-4880 to schedule a free, confidential consultation.

Understanding the Structure of Tennessee’s Foster Care System

In Tennessee, the foster care system is overseen by the Department of Children’s Services (DCS). DCS is responsible for investigating reports of abuse and neglect, placing children in foster homes or residential facilities, conducting background checks on foster parents, and monitoring the welfare of children in state custody. DCS may license foster families directly or contract with private agencies to manage care placements and services.

Foster parents and caregivers have a legal duty to protect the children placed in their homes. This includes providing food, shelter, medical care, emotional support, and physical safety. When this duty is breached—whether by abuse, neglect, failure to supervise, or failure to report injuries—both the individuals and, in some cases, the state may be held liable.

Tennessee law allows for legal action when a child is harmed as a result of negligence, gross misconduct, or intentional abuse by a foster parent, agency, or state official. These actions may be brought under multiple legal theories, including tort claims, civil rights violations, and breach of statutory duties.

Common Forms of Foster Care Negligence and Abuse

• Tragically, children in foster care may suffer a wide range of harm. Common types of misconduct include:
• Physical abuse, such as hitting, burning, or shaking
• Sexual abuse or exploitation by foster parents, other children, or household members
• Neglect of basic needs, including food, hygiene, medical treatment, and emotional care
• Failure to supervise, resulting in injury, running away, or self-harm
• Inappropriate use of physical restraints or isolation
• Exposure to dangerous environments, such as drug activity or criminal behavior
• Failure by DCS or private agencies to act on warning signs or prior abuse reports

Each of these failures may constitute a violation of the child’s legal rights and may form the basis of a claim against the foster parent, supervising agency, or state authority. In some cases, multiple entities share responsibility for systemic breakdowns in oversight and accountability.

Applicable Tennessee Statutes and Legal Framework

Several important statutes and legal principles govern foster care liability in Tennessee. These include:

Tennessee Code Annotated § 37-5-106: This statute outlines the powers and duties of the Department of Children’s Services, including the responsibility to oversee the welfare and placement of children in state custody.

T.C.A. § 37-1-403: This law imposes a mandatory duty on certain individuals—including foster parents and DCS employees—to report suspected child abuse or neglect to authorities.

T.C.A. § 29-20-101, et seq. (Tennessee Governmental Tort Liability Act, or TGTLA): These statutes govern when and how claims may be brought against governmental entities such as DCS. While the TGTLA provides immunity in many cases, it includes exceptions for certain acts of negligence, particularly involving the care and custody of children.

T.C.A. § 29-39-104: This statute governs punitive damages and may apply when gross negligence or intentional misconduct is involved, such as in cases of severe abuse or reckless disregard for a child’s safety.

Federal civil rights laws, including 42 U.S.C. § 1983, may also apply if a state actor violates a foster child’s constitutional rights. These claims are typically filed in federal court and can be used to hold DCS and other agencies accountable for systemic failures in protecting children.

Navigating Governmental Immunity and Claims Against the State

Claims involving state-run foster care often trigger issues of sovereign immunity, meaning that the government cannot be sued unless it consents or unless the case falls within a statutory exception. Under the Tennessee Governmental Tort Liability Act, certain claims against DCS and its employees may proceed—but others are barred.

The TGTLA allows claims for injuries resulting from negligence in the care, custody, and control of persons, which can include children in foster care. However, the state retains immunity for certain discretionary acts and for claims involving intentional torts such as assault or battery, unless those actions were carried out by individuals not protected by the state’s immunity.

In many cases, foster care negligence claims require a thorough investigation to determine whether DCS, a private agency, or an individual foster parent can be held liable. Timing is also critical. Claims against the state must be filed within one year and may require advance notice to the state under T.C.A. § 9-8-402.

Foster Care Cases Involving Private Agencies

Many children in Tennessee’s foster care system are placed through private child placement agencies that contract with DCS. These agencies are often responsible for recruiting and training foster parents, conducting home studies, and monitoring the placement.

When a private agency negligently approves an unfit foster home, fails to investigate complaints, or ignores signs of abuse, that agency may be held liable for resulting harm. These entities are not protected by sovereign immunity and may be sued directly for negligence, negligent supervision, or negligent hiring and retention.

Our firm investigates agency protocols, training records, internal communications, and prior incident reports to identify failures in supervision and accountability.

Impact of Foster Care Abuse on Children

The effects of foster care abuse or neglect can be devastating and long-lasting. Children who are harmed in a system meant to protect them often experience:

• Post-traumatic stress disorder (PTSD)
• Anxiety, depression, or suicidal ideation
• Behavioral disorders and academic decline
• Difficulty forming trusting relationships
• Developmental delays or regression
• Permanent physical injuries or disfigurement
• Long-term need for therapy, psychiatric care, and special education services

The law allows children who suffer this type of harm to recover damages for their pain and suffering, emotional distress, future medical and psychological care, and, in serious cases, loss of earning capacity.

Parents or legal guardians may also bring a claim on behalf of the child, as well as a claim for reimbursement of medical expenses incurred due to the injury. Courts may require that any settlement be approved and structured in a way that protects the child’s long-term interests.

Statute of Limitations for Foster Care Injury Claims

The statute of limitations for most personal injury claims in Tennessee is one year from the date of the injury under T.C.A. § 28-3-104. However, when the injured person is a minor, the statute is tolled until they turn eighteen, and they have one year thereafter to file their claim under T.C.A. § 28-1-106.

Claims involving the state or its employees may require notice to the Tennessee Division of Claims and Risk Management, which handles claims under T.C.A. § 9-8-402. This notice must be provided in writing and within the statutory deadline. Missing this step can prevent a claim from proceeding.

Because of the strict deadlines and procedural requirements involved, we strongly recommend that families speak with an attorney as soon as they suspect abuse or negligence.

How The Law Offices of John Day, P.C. Can Help

At The Law Offices of John Day, P.C., we believe that every child deserves to feel safe and protected—especially those in foster care. Our attorneys have decades of experience handling complex child injury cases, including those involving institutional negligence and systemic failures. With offices in Brentwood, Nashville, and Murfreesboro, we proudly serve families throughout Middle Tennessee and Davidson County.

We approach each foster care case with compassion, discretion, and a fierce commitment to accountability. We work closely with medical and psychological experts, child advocates, investigators, and legal professionals to document the harm done and identify every party responsible.

We handle these cases on a contingency fee basis, meaning your family owes no attorney’s fees unless we recover compensation. We also advance all litigation costs and work with financial professionals to ensure that settlements are structured in a way that protects the child’s future.

Contact Us Today

If your child—or a child you know—has suffered harm due to foster care abuse, neglect, or institutional failure, contact The Law Offices of John Day, P.C. at (615) 742-4880 for a free and confidential consultation. From our offices in Nashville, Brentwood, and Murfreesboro, we are here to help families across Middle Tennessee secure justice and healing for the children who need it most.