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EAKLE v. TEXAS DEPT. OF HUMAN SERVICES

No. 3-90-162-CV.

815 S.W.2d 869 (1991)

Christopher EAKLE and Susan Eakle, Individually and as Next Friend for Nathaniel Eakle, Minor, Appellants, v. TEXAS DEPARTMENT OF HUMAN SERVICES, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 23, 1991.

Attorney(s) appearing for the Case

Steve Gibbins, Gibbins & Winckler, Austin, for appellants.

Jim Mattox, Atty. Gen., Norberto Flores, Asst. Atty. Gen., Austin, for appellees.

Before CARROLL, C.J., and JONES and SMITH, JJ.

SMITH, Justice.

This appeal causes us to revisit the question of what kind of governmental actions will subject the State to tort liability under the Texas Tort Claims Act. Tex.Civ.Prac. § 101.001-101.109 (1986).

Christopher and Susan Eakle obtained a list of "registered family homes" compiled by the Texas Department of Human Services ("TDHS"). Prom this list they selected Phyllis Trotter Watt to care for their infant son, Nathaniel, in her home. While...

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