Home | Business News | Browse by Publication | T | Trial

State is liable for abuse of foster children, says Louisiana high court.

Publication: Trial
Publication Date: 01-JUN-03
Format: Online - approximately 726 words
Delivery: Immediate Online Access

Article Excerpt
When foster parents abuse a child, the department that has legal custody of the child owes him or her a duty of care and therefore may be held strictly liable for the abuse, the Louisiana Supreme Court has ruled. (Miller v. Martin, 838 So. 2d 761 (La. 2003).) The court reversed the appeals court decision granting summary judgment to the state's Department of Social Services.

While citing contrary decisions by courts in Kansas, Montana, New Jersey, and South Carolina, the Louisiana court found that the department's duty to a child in its legal custody is so great that it cannot be delegated to foster parents.

"Our legislature has...

Access Full Article, Compliments of Goliath

View this article FREE - Now for a Limited Time, try Goliath Business News
Free for 3 Days!



More articles from Trial
Perspectives from the front lines.(President's Page), November 01, 2003
Make the most of company-employee depositions: to get the best results..., November 01, 2003
Rebutting the implied-preemption defense: in products suits, drug comp..., November 01, 2003
A Measure of Endurance: The Unlikely Triumph of Steven Sharp.(Book Rev..., November 01, 2003
Elections, religion, and federalism top court's docket in new term.(US..., November 01, 2003

Looking for additional articles?
Search our database of over 3 million articles.

Looking for more in-depth information on this industry?
Search our complete database of Industry & Market reports by text, subject, publication name or publication date.

About Goliath
Whether you're looking for sales prospects, competitive information, company analysis or best practices in managing your organization, Goliath can help you meet your business needs.

Our extensive business information databases empower business professionals with both the breadth and depth of credible, authoritative information they need to support their business goals. Whether it be strategic planning, sales prospecting, company research or defining management best practices - Goliath is your leading source for accurate information.