State and local municipalities across Maryland could face liabilities amounting to billions of dollars from child sex abuse cases now being quietly constructed by numerous attorneys across the country.

Nathaniel Foote, an attorney specializing in sexual abuse cases, said Maryland lawmakers and taxpayers will likely be shocked by the number of cases filed against Maryland government entities in 2025.

“Whether [it] is closer to a thousand or ten thousand depends on the population of the state,” Foote said. “I think in Maryland, it’s reasonable to assume you’ll see hundreds of cases against schools, you will see hundreds of cases against juvenile detention facilities, you will see hundreds of cases against child protective services.”

Across those three primary institutional groups, you will see probably more than a thousand cases filed,” Foote added.

The Philadelphia-based attorney said his firm immediately received an influx of phone calls from clients interested in telling their stories and seeking accountability under the Maryland Child Victims Act of 2023.

“Why it is really hard in Maryland right now to know how many cases there will be is because, unlike other jurisdictions, Maryland did not pass a window,” Foote said. “Maryland passed a permanent retroactive change.”

Along with removing the statute of limitations, the law created a cap of $1.5 million for individuals sexually abused as children by a non-governmental organization or defendant.

The revised 2023 law included a provision allowing abuse victims to sue state governments, county governments and local school boards for up to $890,000 per incident.

“If liability of the state or its units arises under a claim of sexual abuse, the liability may not exceed $890,000 to a single claimant for injuries arising from an incident or occurrence,” state law now reads.

It is unclear what constitutes an “incident” or “occurrence” under the law.

The possible financial obligations due to the Child Victims Act could worsen a mounting fiscal crisis in Maryland. The state faces a nearly $3 billion budget as politicians, including Gov. Wes Moore, scramble to close the gap.

Del. C.T. Wilson, a Charles County Democrat, is the architect of the Child Victims Act. Wilson said in an interview he is concerned about the potential financial implications for the state.

My goal was to never bankrupt the state,” Del. Wilson said. “It’s unfortunate because it puts a bad spin on a heart-felt fight. It was never about money but that seems to be what it’s all about.”

The Charles County lawmaker documented his struggles with the emotional scars left by experiences of rape he endured while in the foster care system in his self-published book, “10,000 Hills: One Boy’s Journey.”

“[The reform] was to give victims that moment to address their accusers, to close this book, to turn the chapter,” Del. Wilson said. “It was not to pay for new vehicles, or therapy for that matter. I mean, therapy hasn’t worked for me.”

“It was to allow [victims] to confront their abusers and the organizations that protect them. It was not to be a windfall for anyone,” Del. Wilson added.

Maryland law mandates the state pass a balanced operating budget each year. To protect against potential lawsuits, the state collaborates with joint self-insurance programs, such as the Local Government Insurance Trust (LGIT). In 2023, the non-partisan fiscal note for Del. Wilson’s bill cautioned about possible burdens the law could impose.

“The increase in the statutory cap and the expansion of the limitations period also expose LGIT to previously unanticipated losses,” the fiscal note said. “[The change] will erode the accumulated surplus maintained to satisfy existing claims and those future claims that can be reasonably anticipated.”

“Given the uncertainty on the number of potential cases, LGIT cannot reliably predict the premium increases and risk to member equity at this time,” the fiscal note added.

Tyrone Keys, a financial services expert, told Spotlight on Maryland the government’s exposure is significant.

“I would see at least tens of billions, tens of billions of dollars of potential liability,” Keys said. “Us, Maryland taxpayers, are going to ultimately be on the hook, and it’s really concerning especially when we are dealing with this multi-billion dollar deficit we find ourselves in as well.”

Keys said the state may not have taken its fiduciary responsibility seriously to protect youth, including at-risk juveniles, from predators, leaving policymakers with few options at this point.

“The state does have a moral obligation to keep people safe when those people are in the state’s custody,” Keys said. “Anything less than that is negligence and can be construed as also a human rights violation.”

Meanwhile, Foote said his firm, and likely others across the country, are postponing the filing of their child sex abuse cases until the Maryland Supreme Court makes a decision regarding the constitutionality of the law. Pointing to a letter from Maryland Attorney General Anthony Brown written during the bill’s debate, Foote said it is unlikely the law’s revisions will be struck down.

“It is our view that [the Child Victims Act] is not clearly unconstitutional,” Attorney General Brown wrote in February 2023. “If the General Assembly chooses to provide victims of child sexual abuse an expanded chance for justice, I can in good faith defend the legislation should it be challenged in court.”

The state’s highest court is expected to rule sometime in 2025.

Del. Wilson did not dismiss the possibility of further changes to the law. He also mentioned the need for a funding plan to address the potentially significant financial impact, which has yet to be fully determined. Any changes are expected to apply only from the date they take effect.

“If we need to create a fund for it, so be it, but there will have to be a line drawn in the sand to make sure we can just survive as a state,” Del. Wilson said. “Yeah, at this point, I do not know. Unfortunately, we will have to find a way.”

Spotlight on Maryland is a partnership between FOX45 News and The Baltimore Sun. Have a news tip? Contact Gary Collins at gmcollins@sbgtv.com.