Foster care nightmare subject of lawsuit

PHILADELPHIA - February 11, 2011

The lawsuit reads like a horror story. A little girl allegedly raped repeatedly in her foster home by a teenage boy who shouldn't have been there.

But, where were the adults, the people who should have been there to protect her.

"I really like bears like these," said Renee.

The victim, who we're calling "Renee" to protect her identity, is 11 years old now.

When she was 8, she was placed in this home in the city's Mayfair section.

"A proper investigation would have disclosed that this was not the ideal place for her to go," said Nadeem Bezar, Renee's attorney.

Renee was placed in the foster home by, the Social Services Agency, Concilio, under a contract with the city's Department of Human Services.

Neither Concilio, nor DHS would talk to us about this case.

The lawsuit alleges that the foster mother concealed the fact that her 14 year old son was living with her. She allegedly told Concilio that the boy lived elsewhere.

The presence of a teenage boy in the house might have made her ineligible to take in a little girl.

"Why did the mom hide him? And, if you're going to lie about what's happening with your own children, I don't know if you should be trusted with someone else's," said Bexar.

Renee was allegedly raped repeatedly by the boy over a span of 10 months.

It came to light when she told a neighbor's daughter.

We tried to talk to the foster mother, but she wouldn't come to the door.

On our third visit, this man emerged from the house and wouldn't identify himself. He says the boy never touched the girl, just played house with her.

"Didn't you play child's play? That was child's play? No. I'm saying didn't you play child's play? Not like that. Ahhh...No one did," the man said.

Renee's complaint says the boy confessed to rape charges and pled guilty in juvenile court. The juvenile records are sealed.

The man at the house says the confession was made under duress during police questioning.

He says Renee made it all up.

"Wasn't never touched or anything. Not only that, she had been to a couple of other homes and did the same thing."

That's not possible since this was the first foster home Renee had ever been placed in. She's now in another foster home.

"I'm with a foster parent," said Renee. "She's nice."

Unfortunately, Renee's allegation isn't unusual.

"Most of the girls that I deal with have been raped and molested in the foster homes that they were in," said Independent Child Advocate, Sharon McGinley.

Sharon McGinley is an independent advocate for kids aging out of foster care.

She says the system is broken, but the people on the front lines are afraid that change would jeopardize their federal funding.

"If they make a big stink about something, if they speak like I am, they're afraid they won't be getting the kids who give them the money to keep the organization going," said McGinley.

Renee's lawsuit names Concilio and the Public Defenders Association as defendants.

It claims the Defenders Association failed Renee in its role as her legal advocate, and that Concilio failed to properly investigate the household before placing her.

Both agencies say they can't comment.

Late Friday, DHS Commissioner Anne Marie Ambrose sent a statement to saying her office "will investigate any issues or concerns that arise based on your story."

The agencies involved will have to explain themselves in public when the case goes to court next month.

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