Document Type
Student Note
Abstract
The current statutes of limitations in West Virginia pose a barrier for harmed youth to bring suits to recover. A child who experiences sexual abuse will have 18 years to bring a civil suit. However, a child who experiences another form of abuse (e.g., psychological or emotional abuse) must bring a suit within two years. In a novel argument, this Note proposes that state legislatures, and the West Virginia State legislature in particular, should extend the statute of limitations for civil suits by former foster youth harmed while in state care. A two-year statute of limitations is an insurmountable barrier to relief for many former foster youth due to their unique situation. This Note examines the state of foster care and potential plaintiffs’ avenues to legal relief. Then, it reviews medical research regarding other forms of abuse before comparing child sexual abuse cases with other forms of abuse that children suffer while in state care. Ultimately, this Note concludes that statutes of limitations should be extended for claims based on other forms of child abuse to promote access to justice, prompt institutional reform, and to afford victims time to process their harms before their window of opportunity to sue slams shut.
Recommended Citation
Caroline Toler,
“A Cruel System Indeed”: Extending the Statute of Limitations for Claims by the Harmed Youth of West Virginia’s Mismanaged Foster Care System,
126
W. Va. L. Rev.
171
(2024).
Available at:
https://researchrepository.wvu.edu/wvlr/vol126/iss2/11