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G. v. STATE DEPT. OF SRS

No. 66,518

251 Kan. 179 (1992)

833 P.2d 979

GLORIA G., et al., Appellees, v. STATE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellant.

Supreme Court of Kansas.

Opinion filed May 22, 1992.

Attorney(s) appearing for the Case

Roberta Sue McKenna, of Department of Social and Rehabilitation Services, argued the cause, and Michael George, of the same agency, was with her on the brief for appellant.

Jerry K. Levy, of Topeka, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

SIX, J.:

This case concerns the liability of the Kansas Department of Social and Rehabilitation Services (SRS) for damages caused by its removal of a child from a foster care home. Does the discretionary function exception of the Kansas Tort Claims Act (KTCA), K.S.A. 75-6104(e), apply?

Gloria G. filed the instant personal injury action on behalf of her adopted son, A. She sued SRS, alleging that A. incurred...

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