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New Mexico Jury Awards $485 Million In Damages In Foster Care Sexual Assault Case

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Jack Moore Contributor
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A New Mexico county jury awarded $485 million in damages on behalf of an eight-year-old girl who was allegedly sexually assaulted while in the foster care system, according to the Albuquerque Journal (AJ).

The civil case focused on allegations of corporate negligence brought against several entities in the state foster care system, AJ reported Tuesday. The restitution is a result of two weeks of testimony in the case of an 8-year-old allegedly being raped while in the system. Under New Mexico law, children are required to testify against their alleged abusers, prosecutor Rebekah Reyes said, according to the outlet.

New Mexico nonprofit Familyworks was alleged to have placed the eight-year-old in the home of accused abuser Clarence Garcia. Garcia allegedly sexually abused six children over a period of six years. The state Children, Youth and Families Department (CYFD) licensed Familyworks to support and train foster parents and children between the ages of four and 18, AJ reported. CYFD was not listed as a defendant in the suit, according to the outlet. (RELATED: Alleged Child Rapist Claims 6 Kids In Alcohol-Filled Car Are His ‘Friends,’ DUI Arrest Video Shows)

“Upon information and belief, Familyworks had unqualified employees, was understaffed, failed to follow or enforce policies and procedures, engaged in a pattern and practice of merely placing foster children to fill beds, and had incidents of physical and sexual assaults of foster children by foster families,” the lawsuit read, AJ reported.

The lawsuit claimed Familyworks knew about Garcia’s alleged abuse before the eight-year-old was placed with him. Over half a dozen sexual assault cases have been raised against the foster care system in addition to this case, the outlet reported.

Compensatory damages amounted to $80 million for the alleged abuse against the young girl, who was identified as G.S. Acadia Healthcare was hit with $250 million in punitive damages, according to AJ, while Youth and Family Centered Services and Familyworks are both to pay $75 million. The jury hit Garcia with $5 million in punitive damages.

A spokesperson for Acadia told AJ it plans to challenge the verdict “as it relates to the company.”

“Our hearts go out to this young girl. What this abuser did was horrible,” the spokesman added.

He said the eight-year-old “was not in the direct care of Desert Hills or any facility operated by Acadia, but was in a treatment foster care program managed by Familyworks.” Acadia previously operated the licensed residential treatment facility, Desert Hills, before it went defunct.

Garcia in January pleaded guilty to seven counts of sexual assault that resulted in a prison sentence of 20 years, according to the outlet. Further proceedings are expected, as police reportedly believe he violated his parole from previous offenses.