Q: Dear Dr. Wes & John: Is there a statute of limitations before taking action against the state foster care system for abuse that happened during my stay before I was 18? I’m now 25. I just want it so the abuse won’t continue. If so, who would I contact?

A: Dr. Wes: I contacted the Kansas Attorney General’s office, where an official explained that it all depends on what is alleged. The various statutes of limitations are found at K.S.A. 60-510 through 60-524 and are available at www.kansas.gov. I also contacted Kansas Legal Services, www.kansaslegalservices.org, which has a special foster care toll-free hot line, (877) 298-2674. Tom Stratton of KLS was very helpful, but he warned me this was a very complicated issue and he could not offer a specific opinion.

He says the statue of limitations is one year for assault or battery and two years “for injury to the rights of another … not enumerated in the statutes.” However, given that you were a minor at the time, the clock only starts when you turn 18. Thus, you can bring action within a year after you turn 18 as long as it happened within the last eight years. So in other words, if you were 18 1/2 and the incident happened when you were 13, you could still take action. For damages suffered as the result of sexual abuse, both numbers become “3.” So you could still seek action if you were 20 and the abuse happened when you were 17, but not much beyond that. He wasn’t kidding when he said it was complicated. And since you are talking about an action against the state, Stratton notes things get so complex that such a claim should only be brought by an attorney. I’ve worked with a few of these cases, and believe me, they’re not easy to get into court, much less to win.

While KLS cannot accept cases in which monetary damages are sought, it is its mission to provide legal and support services for Kansas children. So if readers are presently in foster care or concerned about someone who is, and believe they need legal assistance, they can call the hot line above. Stratton also recommends the guide “Planning Your Future … A Resource Guide for Independent Living” for kids about to leave the system. If you are interested in having a copy, you can call the hot line.

What I take from all this is that you probably don’t have much of an avenue to take any action now. However, if you have the name of the person whom you allege mistreated you, it’s possible you still could turn that over to the state Social and Rehabilitation Services – especially if you know the person is still serving in the system.

John: It’s distressing to be mistreated by a stranger, but being harmed by someone who is supposed to care for you can be devastating. You have every right to be upset with your caretakers, but let’s remember that the majority of foster care employees are compassionate people who are interested in helping those in unfortunate circumstances. It’s a real shame that a few poor ones can endanger the reputations of them all.

As Dr. Wes said, your legal options are limited. You also could contact Child Protective Services, (800) 922-5330, and ask for an inspection of your former home. Or you could talk to kids who are currently in your old foster care arrangement and ask them about their experiences. If the abuse is continuing, you can try and link current foster children with legal help. If you want to take action against the state, contact an attorney. But this would be harder since the abuse happened quite some time ago and you no longer have a stake (from a legal perspective) in what happens to the foster home. Whatever you choose, be specific about what your abuse was and what changes you believe are needed. Don’t, for instance, take action against the entire foster home if only one member was problematic.

It is gallant of you to be concerned about the caretaking of younger foster children, but you mustn’t ignore the need to take care of yourself. If you are still suffering emotional repercussions from your abuse, find a counselor or another mentor to help set your feelings straight. Even in good foster homes, children often suffer emotionally. According to the National Adoption Center, 52 percent of children in foster care who were freed for adoption had symptoms of attachment disorder. Foster care is by no means perfect, which is all the more reason we should commend those working inside to make it better.

Next week: A teen is disappointed that his teachers have not noticed his efforts in school.

– Dr. Wes Crenshaw is a board-certified family psychologist and director of the Family Therapy Institute Midwest. John Murray is a Free State High School senior. Opinions and advice given here are not meant as a substitute for psychological evaluation or therapy services. Send your questions about adolescent issues to doubletake@ljworld.com. All correspondence is strictly confidential.