We experiencing a surge in cases where children for whom CPS is the legal guardian commit crimes wherein there is a significant amount of restitution owed. CPS when confronted, as legal guardian, provides one of two responses; we don't have a procedure for paying restitution or sue us. The victims are being abandoned. Does anyone have any experience or guidance?

We had an issue arise last year when a foster child had a fine and the foster parent paid it. Then the foster parent tried to get the government to reimburse for the fine.

I did not find any authority for government -- state or county -- to pay fines for children in foster care or to reimburse others who paid the fine for the child.

I think the concept would be the same for your situation. Government (including CPS) doesn't pay the fine or restitution imposed on a defendant, even if the defendant is a child.

Thank you for the insight. My position has been there is a significant difference between fines and court costs paid to a subdivision of the state and restitution to an innocent third party that should be made whole. I have asserted to CPS that if they are the legal guardian, then they are legally responsible for the actions of "their" children. I just recommended to a victim that they file a claim through the State's crime victim assistance program. We'll see if that works.

I can see both sides, and have great concern for where it leaves the victim. Nevertheless, immunity is immunity; without a clear legislative waiver of immunity, suit won't work. And without clear legislative authorization for CPS to pay it out of government funds, it will be hard for CPS counsel to advise their governmental client to pay it.

I hope you will let us know how this turns out. It's a tough issue and leaves the victim in the lurch through no fault of their own, especially if the crime victim's compensation fund can't fill the gap.