NCJ Number
104090
Journal
University of Dayton Law Review Volume: 11 Issue: 3 Dated: (Summer 1986) Pages: 509-553
Date Published
1986
Length
45 pages
Annotation
This article examines major ways a legal 'duty' may be established as the basis of liability against caseworkers and agencies for failure to protect children from abuse and neglect, and it recommends that child protective workers be granted qualified immunity from such liability.
Abstract
Case law indicates a 'special relationship' may be created between a child protective agency and a child so that the agency is legally obligated to protect the child from harm. Statutory mandates, such as accepting and investigating reports of child abuse and neglect, may also create caseworker and agency duty toward those the law is intended to protect. Negligence by a State agency or its employees may also be brought in Federal court under section 1983 of the Civil Rights Act, which involves the deprivation of constitutional rights, privileges, or immunities under color of State law. In spite of conduct which apparently makes State agencies or employees liable for a child's injuries, a doctrine of immunity may provide a defense, such as immunity for discretionary functions. All States should enact laws that grant child protective workers blanket 'good faith' immunity for all official actions. This would not remove liability for a callous or reckless disregard for official duties, but it would prevent 'second guessing' regarding agency and employee actions reasonably believed to be in the best interest of the child. 241 footnotes.