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PIAZZA v. STATE EX REL. DEPARTMENT OF HUMAN SERV. OREGON YOUTH AUTH.

09C17311; A146757.

323 P.3d 444 (2014)

261 Or. App. 425

Patricia PIAZZA of Farley, Piazza and Associates, guardian ad litem for K.C.S., a minor, Plaintiff-Appellant, v. STATE of Oregon, by and through its DEPARTMENT OF HUMAN SERVICES AND OREGON YOUTH AUTHORITY; Krista Pratt, in her individual capacity; Marcie Crawford, in her individual capacity; Angela Dibrito, in her individual capacity; Terra Scroggin, in her individual capacity; Evelyn Hendrick, in her individual capacity; Kenneth Hendrick, in his individual capacity, Defendants-Respondents.

Court of Appeals of Oregon.

Decided February 26, 2014.

Attorney(s) appearing for the Case

Richard Vangelisti argued the cause for appellant. With him on the briefs were Scott Kocher and Vangelisti Kocher LLP, and Lisa T. Hunt and Law Office of Lisa T. Hunt, LLC.

Rolf C. Moan , Senior Assistant Attorney General, argued the cause for respondents. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

NAKAMOTO, J.

A five-year-old boy, K, was sexually abused by a seven-year-old boy when they were left alone for a short time while in foster care together. Plaintiff, guardian ad litem for K, brought this action against the Department of Human Services (DHS), the foster parents, and several DHS employees, asserting negligence, strict liability (ORS 30.297), abuse of a vulnerable person (ORS 124.100), and federal section 1983 claims (42 USC § 1983). The trial court...

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