Question

Hypothetically, if the CPS comes and takes your child away and places them with foster parents, and this kid has a lot of money, and the foster parents take a large some say 100,000 dollars, from the account, can the kid (he is 15) appoint a lawyer and sue them for the money and emotional damages

Answer 1

Short answer: probably yes — but not by the 15‑year‑old acting entirely alone. A child whose money was taken can pursue civil claims (and the takers can face criminal charges), but a lawsuit will normally be filed by a parent/guardian, a court‑appointed guardian of the child’s estate, or an attorney/“next friend” or guardian ad litem on the child’s behalf. Exact rules and remedies vary by state/country and by how the money was held.

Key points and practical steps

1. Preserve evidence
- Save bank statements, account numbers, withdrawal slips, text messages, emails, photos, receipts, and any written agreements or court orders about who controls the money.
- Note dates, names, and what was said/done.

2. Notify the responsible agencies immediately
- Tell the child’s CPS caseworker and the foster care agency/placement agency in writing. Request an immediate investigation of financial misconduct.
- If money was taken from a public benefit or court‑controlled account, notify the court that oversees the child’s case or the county/state office that manages such funds.

3. Criminal reporting
- Misappropriating another person’s money can be theft/embezzlement. Report the conduct to the police and the district attorney/prosecutor. Criminal charges can be brought in addition to civil claims.

4. Civil remedies (what can be sued for)
- Conversion (wrongful taking of property)
- Theft/restitution (civil)
- Breach of fiduciary duty (if foster parents had authority over the funds)
- Negligence or negligence per se, depending on facts
- Intentional infliction of emotional distress or other torts (emotional/psychic damages can be claimed, but available recovery varies)
- An accounting and return of the funds; compensatory damages; sometimes punitive damages and attorneys’ fees

5. Who files the lawsuit
- Minors generally cannot litigate alone. A parent, court‑appointed guardian of the child’s estate, or a “next friend” (an adult who sues on the child’s behalf) typically must bring the suit.
- In many juvenile or dependency proceedings minors have counsel or a guardian ad litem appointed; a court can appoint counsel to protect the child’s financial interests.
- If the child can’t afford a lawyer, legal aid, a public defender in juvenile matters, or a child advocacy organization may be able to help.

6. If the foster parents were legally appointed guardians/conservators of the child’s money
- Even appointed guardians must account to the court and follow statutory rules about how funds are used. Misuse can be challenged in court and could lead to removal, surcharge, or criminal charges.

7. Time limits and urgency
- Statutes of limitations apply to civil claims, and accounts/records may be changed, so act quickly. Request that the court or bank freeze the account if there is a real risk of further dissipation.

8. Where to get help
- Contact a local family/juvenile attorney or a civil attorney experienced with guardianship, probate, or torts.
- Contact legal aid or your state’s child advocacy office. Many states have ombudsmen for child welfare.
- If you tell me the state or country, I can point to specific resources (hotlines, legal aid clinics, child welfare ombudsman).

Bottom line
Yes — the child’s money is typically the child’s property and wrongful taking can be both a crime and a civil wrong. A lawyer (or a guardian/next friend with a lawyer) should be engaged promptly to protect the funds and pursue recovery; CPS and the foster agency should also be put on notice immediately. If you want, tell me your state or country and I can suggest specific hotlines, legal aid groups, or next steps.