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REES v. STATE, DEPT. OF HEALTH AND WELFARE

No. 31632.

137 P.3d 397 (2006)

Justin James REES, individually and as parent and guardian of Tegan Rees, deceased, Plaintiff-Appellant, v. STATE of Idaho, DEPARTMENT OF HEALTH AND WELFARE, Nicole Ott, Defendants-Respondents, and Chris Griffeth, Melissa Rees, Bonneville County Sheriff's Department and Greg Black, Defendants.

Supreme Court of Idaho, Boise, March 2006 Term.

Rehearing Denied June 29, 2006.

Attorney(s) appearing for the Case

Curtis & Browning, Idaho Falls, for appellant. Allen H. Browning argued.

Hon. Lawrence G. Wasden, Attorney General, Boise; Beard, St. Clair, Gaffney, McNamara & Calder, PA, Idaho Falls, for respondents. Michael Dean Gaffney argued.

BURDICK, Justice.

This case involves an issue of first impression for this Court: whether the Idaho Department of Health and Welfare (the Department) and its employees can be liable for negligently investigating a reported case of child abuse. Tegan Rees (Tegan), a two-year old child, was beaten to death by his mother's boyfriend. His father, Justin Rees (Rees) had previously reported suspected child abuse to the Department. After conducting an investigation, licensed...

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