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COMPLAINT AGAINST A FOSTER CARE AGENCY STATED CAUSES OF ACTION FOR NEGLIGENT PLACEMENT, LOSS OF THE CHILDREN’S SERVICES AND EXPENSES FOR THE CHILDREN’S CARE AND TREATMENT (SECOND DEPT).

The Second Department, modifying Supreme Court, determined that plaintiff, the children’s guardian, stated causes of action against the foster care agency, Graham Windham, for negligent placement of the children and for loss of services of the children and expenses for care and treatment of the children:

“Counties and foster care agencies cannot be vicariously liable for the negligent acts of foster parents, who are essentially contract service providers” … . “However, counties and foster care agencies may be sued to recover damages for negligence in the selection of foster parents and in supervision of the foster home”… . Ultimately, to sustain a cause of action for negligent supervision, the plaintiff must establish that the defendant “had sufficiently specific knowledge or notice of the dangerous conduct which caused injury; that is, that the third-party acts could reasonably have been anticipated” … . …

… [A] parent may recover damages measured by the pecuniary loss sustained by the injuries to the child, including the value of the child’s services, if any, of which the parent was deprived and reasonable expenses necessarily incurred in an effort to restore the child to health … . Thus, the court should not have directed dismissal, pursuant to CPLR 3211(a)(7), of so much of the third cause of action insofar as asserted against Graham Windham as sought to recover damages for the loss of the children’s services and the expense for their care and treatment. George v Windham, 2019 NY Slip Op 01201, Second Dept 2-20-19

 

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