Texas has passed House Bill 4623, effectively ending sovereign immunity for public schools and their employees in cases of child sexual abuse.  This is a huge move for survivors who are seeking justice. This legislation allows survivors to pursue civil lawsuits against school districts and staff who were grossly negligent or complicit in enabling abuse or failing to report it.

The Significance of Texas’s Decision

For decades, survivors of child sexual abuse within educational institutions faced significant legal barriers. Sovereign immunity laws often protected schools from civil lawsuits, even when administrators ignored or concealed abuse. This legal shield not only denied survivors their day in court but also allowed systemic failures to persist unchecked.

By removing this immunity, Texas empowers survivors to seek justice and holds institutions accountable for their actions or inactions. This move aligns with a growing national trend recognizing the importance of institutional responsibility in preventing and addressing child sexual abuse.

State-by-State Breakdown of Sovereign Immunity Reforms

The legal landscape regarding sovereign immunity and child sexual abuse claims varies across the United States. Here’s an overview:

States That Have Lifted or Limited Sovereign Immunity Protections

• Texas: HB 4623 removes immunity for public schools in cases of sexual misconduct or failure to report suspected abuse.
• Michigan: Legislation removes legal immunity for schools and public universities in cases where they negligently failed to prevent or report abuse by employees.
• Maryland: The Child Victims Act eliminates the statute of limitations on child sexual abuse lawsuits and raises liability limits for claims against private institutions.
• Kansas: Law lifts sovereign immunity, the $500,000 damage cap, and notice of claim requirements for child sexual abuse actions against the government.

States Where Sovereign Immunity Protections Still Exist

• Virginia: Sovereign immunity may limit the ability to sue a school or school board directly, though exceptions exist for gross negligence or willful misconduct by individual employees.
• California: The California Government Claims Act provides immunity to the state and its entities, including public schools, though certain exceptions apply.
• South Dakota: Legislation passed in 2010 bars individuals over 40 from recovering damages from anyone but the actual perpetrator of sexual abuse, effectively protecting institutions from certain lawsuits.

The Importance of Trauma-Informed Legal Support

Navigating the legal system can be daunting, especially for survivors of trauma. Engaging with attorneys who are not only legally proficient but also trained in trauma-informed care is crucial. Such professionals understand the complexities of trauma and provide compassionate, sensitive support throughout the legal process.

If you or someone you know has been affected by institutional abuse, know that you’re not alone.  At Andreozzi + Foote, our Texas sexual abuse attorneys are dedicated to providing the support and expertise needed to navigate these challenging cases. We encourage survivors to reach out and explore their legal options.

The elimination of sovereign immunity in Texas represents a significant step forward in the fight for justice for survivors of child sexual abuse. By holding institutions accountable, we not only acknowledge the suffering of survivors but also work towards creating safer environments for future generations.

If you’re seeking guidance or support in the wake of this legislative change, our experienced, trauma-informed legal team is here to help. Together, we can work towards healing and justice.