What Is the Standard of Care That Applies to a Case Brought Under the Child Victims Act?
As the courts in New York adjudicate cases brought under the CVA, they should judge a defendant's actions based on the standards of knowledge and the practices and procedures that were generally accepted at the time of the alleged abuse.
February 11, 2021 at 11:45 AM
9 minute read
Editor's note: This article has been updated to reflect that a quote came from a dissenting opinion.
By reviving time-barred claims and extending the statute of limitations for child sex abuse until the victims' 55th birthday, the legislature has given victims of sex abuse an opportunity to seek compensation for the harm done to them many years ago. According to the Office of Court Administration, more than 4,000 cases have been filed under the Child Victims Act (CVA). Most of the cases claim that a childcare institution such a school, camp, daycare center, youth recreation facility or mental health care provider negligently failed to prevent the abuse.
The standard of care has evolved as society's awareness of child sex abuse changed. Negligence, of course, is a departure from the standard of care. Thus, the issue that must be resolved in every CVA case is whether the childcare institution departed from the standard of care.
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