Lawsuit: St. Lawrence County, NY

“Two foster fathers allegedly sexually abused a young girl in foster care in St. Lawrence County nearly 50 years ago, according to a lawsuit filed against the county last week.

The woman, identified as her initials C.I. in court documents, filed suit in state Supreme Court in St. Lawrence County against the county and 10 unidentified people for the alleged actions that occurred beginning in 1973.

The complaint claims that C.I. made a “diligent effort” to identify these defendants prior to filing her lawsuit, but she was unable to do so.

The 10 unidentified defendants, according to the complaint, are people or entities with responsibilities for the safety, supervision and foster care placement of C.I.

Court documents claim that the county, through the county Department of Social Services, breached its duties to protect C.I. as there were “substantial” structural and systemic flaws and deficiencies in the county foster care system that contributed to the sexual abuse of C.I.

“The allegations are that St. Lawrence County Dept. of Social Services failed to protect our client from sexual abuse,” attorney Jeffrey M. Herman, who is representing the plaintiff, said in an email statement Wednesday. “I am determined to help this brave woman share her story, begin the long path to healing, and seek justice.”

Court documents assert C.I. was sexually abused by two foster fathers identified in the suit as Gene Thomas and George Burkum. Both men are believed to have died, but Jordana Balsam, vice president of business development at Herman Law, said Wednesday she was unable to confirm or deny whether the two men are dead, saying she could not discuss details of the case.

C.I., who is a resident of St. Lawrence County, was placed in foster care within the county at the age of 5 — in about 1973 — according to court documents. C.I. estimates she was in about four different foster homes or facilities until she was emancipated at 18 years old.

In or about 1973, according to the complaint, the county placed C.I. and her younger brother in the home of Mr. Thomas when she was 10 years old. The complaint claims that both C.I. and her younger brother were physically assaulted by the foster parents in the Thomas house. The alleged sexual abuse of C.I. began about six months after her placement at the Thomas house.

The complaint claims that Mr. Thomas and his friend, identified in court documents as Ray, would isolate C.I., have her undress and fondle her genitalia and breasts.

C.I. was removed from the Thomas house and separated from her younger brother. Court documents do not make clear if the removal of C.I. from the Thomas house was associated with the alleged sexual abuse.

In or about 1976, according to the complaint, the county placed C.I. in the home of George and Thelma Burkum when C.I. was 13 years old. C.I. allegedly endured verbal and physical abuse by both foster parents while at the Burkum house, according to court documents. C.I. allegedly remained in this home until she was 18 years old.

The complaint claims C.I. was sexually abused by Mr. Burkum while she was in his home. The alleged abuse included, but was not limited to, fondling and groping of her genitalia and breasts, as well as vaginal penetration, according to the complaint.

The complaint further alleges C.I. was also sexually abused by the Burkum’s son, identified in court documents as Daniel. The alleged abuse included but was not limited to forcing C.I. to masturbate him.

Court documents assert that after the first year in the Burkum house, C.I. complained to her social worker, identified in court documents as Gertrude Stacy. What C.I. allegedly complained about was not disclosed. The complaint further alleges the complaint was never investigated by the county and no corrective measures were taken.

Following her report, according to court documents, C.I. was allegedly physically abused by Mrs. Burkum for making the report.

The complaint asserts the defendants knew or should have known that C.I. was being sexually abused in the Thomas and Burkum homes but failed to act to protect her and prevent further harm. This resulted in allegations of negligence against the county and the 10 unidentified people.

The suit is brought upon by the state’s Child Victims Act, which extends the statute of limitations for survivors of child sexual abuse in criminal and civil cases. The act, passed in 2019, gives survivors a one-year window to file claims of abuse that had previously exceeded the statute of limitations. Gov. Andrew M. Cuomo extended the act for a second time on May 27, 2020, giving survivors until Aug. 13 of this year to file claims.

C.I. demands judgment against all defendants for compensatory damages, special damages, costs and other relief the court deems proper. The complaint also demands a jury trial.”

Lawsuit: St. Lawrence County negligent in alleged sexual abuse of foster child 50 years ago

[NNY360 3/10/21 by Sydney Schaefer]

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