[Download] "Horridge v. St. Mary's County Department of Social Services" by In the Court of Appeals of Maryland ~ eBook PDF Kindle ePub Free
eBook details
- Title: Horridge v. St. Mary's County Department of Social Services
- Author : In the Court of Appeals of Maryland
- Release Date : January 28, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 103 KB
Description
Cathell and Battaglia, JJ., Dissent Maryland law requires any person having reason to believe that a child has been subjected to abuse or neglect to make a fairly detailed report to either the local department of social services (DSS), which is a unit of the State Department of Human Resources and therefore a State agency, or an appropriate law enforcement agency. The law requires DSS, promptly after receiving such a report, to make a ""thorough investigation"" in order to protect the health, safety, and welfare of the child. Part of that requirement is the directive that, if the report is of physical or sexual abuse, DSS must, within 24 hours, ""see the child,"" attempt to have an on-site interview with the child's caretaker, and decide on the safety of the child. The principal questions before us are whether (1) the statutory obligation to conduct a thorough investigation and take appropriate steps to protect the child creates a civil duty on the part of DSS to the child who is the subject of a report of abuse, and (2) if so, and subject to the State Tort Claims Act, liability exists on the part of the State or individual social workers if harm ensues to a child because of a negligent breach of that duty. We shall answer both questions in the affirmative. BACKGROUND