New Brunswick, New Jersey – A Middlesex County jury has awarded a $25 million verdict against the state’s Division of Child Protection and Permanency (DCCP) in a “horrific” case of child sexual abuse in foster homes. The verdict was reached on March 12 after a trial that began on Feb. 20 and was presided over by Superior Court Judge Patrick Bradshaw. The awarded amount was subsequently reduced to $12 million in accordance with an agreement between the lawyers involved.
Representing the victim, Matt Bonnano of Rebenack Aronow & Mascolo stated that this was the first Child Victims Act case to go to trial against the State of New Jersey. He emphasized that the jury unanimously ruled in favor of their client and held the Department 99% responsible for the $25 million verdict. Bonnano hopes that this verdict will send a message to the Division of Child Protection and Permanency in similar cases and encourage the resolution of such cases without lengthy jury trials.
The state Department of Children and Families has yet to provide a comment regarding the verdict. The lawsuit, which was filed under the Child Victims Act, suspended the statute of limitations for civil claims of child sexual abuse for a two-year period. It details the sexual abuse suffered by the victim from the ages of 3 to 10 while being placed in various foster homes.
According to the lawsuit, the state failed to investigate reports of abuse and neglect, leading to the placement of the victim in homes where the abuse occurred. The lawsuit characterizes the sexual abuse as “horrific.” The victim’s first foster care placement occurred at the age of 3 in or around 1987, where she endured sexual abuse by her foster parent for about two years.
When she was 5, the state relocated her to a second foster home for approximately one month. Upon reporting the sexual abuse she experienced in that home, she was removed and placed in a third home. Unfortunately, in this third home, she was continuously subjected to sexual assault by her foster father and his son for over five years.
Despite the victim informing her state caseworker of the disturbing abuse she endured, the state allegedly failed to adequately investigate the allegations and neglected to remove her from the abusive environment. The lawsuit argues that the state should have been aware of the foster parent’s history of abusing children and deemed them unfit to provide a safe and healthy home.
Vincent Nappo of Pfau Cochran Vertetis Amala, the victim’s other attorney, said, “The State of New Jersey Division of Youth and Family Services failed to supervise and protect our client for years and years.” He further emphasized the impact of this verdict, stating, “The verdict sends a signal to institutions that failing to take accountability and do the right thing has consequences.”
This case highlights the importance of holding institutions accountable for their failure to protect vulnerable children in foster care and the need for thorough investigations in cases of abuse and neglect. By awarding a substantial verdict, the jury has sent a clear message that such negligence will not be tolerated.