Brittany Nicole Howe v. Samantha Gafford and the…

Summary

The court held that the Department of Children and Family Services owes children in its legal custody a non-delegable custodial duty of care and well-being, and that this duty may make the Department liable for harm caused by foster parents regardless of an employment relationship. It further held that the statute limiting state liability for a servant's offenses does not abrogate that independent affirmative duty. The summary judgment ruling was therefore reversed and the matter remanded.