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MILLER v. MARTIN

No. 2002-CC-0670.

838 So.2d 761 (2003)

Charlene MILLER, Individually and on behalf of her minor children, v. Matthew & Shirley MARTIN, Department of Social Services, State of Louisiana and Methodist Home for Children.

Supreme Court of Louisiana.

Rehearing Denied March 21, 2003.

Attorney(s) appearing for the Case

David R. Fine, Donata T. Boutte, Richard L. Ducote, New Orleans, Counsel for Applicant.

Richard P. Ieyoub, Attorney General, M. Chadwick Pellerin, New Orleans, Stephen F. Babin, Baton Rouge, Matthew Martin, William J. Sommers, Jr., James R. Sutterfield, New Orleans, Shirley Martin, Counsel for Respondent.

KIMBALL, Justice.

We granted certiorari to consider whether the Department of Social Services ("the Department") can be held vicariously liable for abuse inflicted by foster parents upon children in the custody of the Department. For the following reasons, we find that when the Department is awarded legal custody of a child, the law imposes upon the Department a duty of care and protection of that child. Further, we find that the Department's custodial duty is non...

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