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ROE v. KANSAS DEPT. OF SRS

No. 89,462.

278 Kan. 584 (2004)

102 P.3d 396

ROBERT BOOTH ROE, a Minor Child By and Through his Adoptive Parents, RICHARD ROE and JANET ROE, and JENNIFER BRUNETTI, Conservator, Appellants, v. DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES FOR THE STATE OF KANSAS, THE STATE OF KANSAS, WAYNE SRAMEK, HERBERT HICKMAN, and MARY KEADY, Appellees.

Supreme Court of Kansas.

Opinion filed December 17, 2004.

Attorney(s) appearing for the Case

Robert S. Tomassi, of Tomassi Law Firm, of Pittsburg, and Richard D. Loffswold, Jr., of Girard, argued the cause and were on the briefs for appellants.

C. William Ossmann, chief litigation attorney, argued the cause and was on the briefs for appellees the State of Kansas and Kansas Department of Social and Rehabilitation Services.

Matthew W. Boddington, Legal Division, Kansas Department of Social and Rehabilitation Services, was on the briefs for appellee Wayne Sramek.

Deborah June Purce, of Law Office of Deborah June Purce, of Topeka, was on the briefs for appellee Mary Keady.

L.J. Leatherman, of Palmer, Leatherman & White, of Topeka, was on the brief for amicus curiae Kansas Trial Lawyers Association.

Per Curiam:

Baby Roe was born to parents who lived in a residential mental health treatment facility. Because staff at the facility were concerned about the parents' ability to care for the baby, the Kansas Department of Social and Rehabilitation Services (SRS) and the Bureau of Indian Affairs (BIA) became involved. Baby Roe subsequently suffered severe and permanent injuries at the hands of his father despite ongoing...

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