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Suing Social Workers for Failing to Protect a Child

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  • 09-15-2004, 05:07 AM
    Jana
    Suing Social Workers for Failing to Protect a Child
    The state became involved with our niece when she showed up at school with bruises all over her body. This wasn't the first time they had been called about abuse by her mother. They lived in another state but we volunteered to take our niece into our home while they got the abuse charges resolved. We had a home study by our state's departmetn of social services, and everything was good, but then the other state refused to place the girl with us.

    We told the social workers that the girl was in grave danger in her mother's home. They put the girl back in her home anyway and she was killed by her mother. Her mother is friends with a social worker, and we think that she pulled strings for the mother. We have tried to get a lawyer, as soon as they hear that social services is involved they get scared off.
  • 09-15-2004, 05:09 AM
    Anonymous
    Governmental Immunity
    Dear Jana,

    I am sorry for your loss.

    The attorneys are not shying away just because the state is involved - attorneys sue the state with some frequency. The problem is probably that there are issues of sovereign immunity involved - that the state bars lawsuits against social workers for their on-the-job errors, no matter how egregious. The same thing happens in other states - lawyers who would be happy to sue the state over injuries to children which result from the ineptitude of social workers find themselves blocked by sovereign immunity.
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