LANDMARK NEW YORK COURT OF APPEALS DECISION HOLDS MUNICIPALITIES ACCOUNTABLE FOR PROTECTING CHILDREN IN THEIR CUSTODY
ALBANY, NY – Yesterday, the New York Court of Appeals delivered a historic victory for survivors of child sexual abuse, ruling that county social service departments have the duty and responsibility to ensure a child’s safety while in their custody. This decision shatters the legal barriers that have shielded negligent institutions from accountability and affirms what survivors have long known: the system’s failures have consequences—and those in power must answer for them.
In response to this ruling, the Coalition for Just and Compassionate Compensation (“CJCC”) – an independent alliance of survivors of child sex abuse, their representatives, and advocates seeking full restitution for survivors of child sex abuse – released the following statement:
“For years, big insurance and government entities have worked together to dodge responsibility for the abuse that happened on their watch. The same insurance companies that collect billions in premiums from municipalities, churches, schools, and child welfare agencies have fought tooth and nail to deny payouts to survivors, delaying justice with endless litigation while continuing to profit,” said David Catalfamo, Executive Director of the CJCC. “Now, as survivors finally gain the ability to hold the system accountable, those same powerful interests claim that today’s ruling imposes ‘too much liability’ on municipalities—just as they did when states passed Child Victims Act laws to give survivors their day in court. But let’s be clear: the real burden is not on government budgets or insurance companies—it’s on the survivors who have endured decades of trauma without accountability. We refuse to let big insurance profit while survivors suffer.”
Catalfamo continued:
“These institutions had no problem funding broken systems that failed to protect children. They had no problem paying insurance premiums to cover their risks. But the moment survivors seek justice, the insurance industry—one of the most profitable sectors in the country—wants to cut and run, refusing to honor its obligations while crying that accountability is “too expensive.”
We’ve seen this playbook before. When survivors sued churches, schools, and youth organizations, big insurance refused to pay settlements, forcing institutions into bankruptcy while protecting their own profits. Now, as municipalities face the consequences of their negligence, insurers will once again try to walk away from their responsibilities, shifting blame onto taxpayers while padding their bottom line. This is not a crisis of liability—it is a crisis of corporate greed.”
“If municipalities are concerned about lawsuits, they should focus on fixing the systemic failures that place children in unsafe foster homes, not on shielding themselves from accountability,” said Stephen Jimenez, a survivor of childhood sexual abuse and longtime advocate, author, and journalist. “They should be demanding that their insurers honor the policies they’ve paid for, rather than accepting the industry’s calculated abandonment of abuse victims.”
“This ruling is a major step forward, but it is not the end of the fight. Survivors deserve more than just a chance at justice—they deserve a system that prioritizes child safety over corporate profits,” said Kathryn Robb, National Director for the Children’s Justice Campaign. “We call on New York’s leaders to hold both municipalities and their insurers accountable for the harm done to children in foster care.”
The Coalition for Just and Compassionate Compensation (“CJCC”) is an independent alliance of survivors of child sex abuse, their representatives, and advocates seeking full restitution for survivors of child sex abuse. Among members of the coalition are author and journalist Stephen Jimenez, a survivor of childhood sexual abuse and longtime advocate who helped pass the Child Victims Act (CVA), and attorneys James Marsh, Founding Partner at Marsh Law Firm, Jeff Herman, Founder of Herman Law Firm, and Hillary Nappi, Partner at Hach Rose Schirripa & Cheverie, who represent thousands of sexual abuse survivors in litigation against public and private entities.
