Gotay v. Creen
Held that, given the nature of the state’s custody of children, a “special relationship” exists between foster children and the state that imposes an affirmative duty on the state to ensure a reasonably safe foster home environment. But found the state defendants were entitled to qualified immunity on the plaintiff parent and guardian’s substantive due process claim because the state employees did not proximately cause the affected children’s injuries.
Related Commentary
State Court Oral Arguments to Watch for in December
Issues on the dockets include school funding, protection of children in foster care, and the death penalty.