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Indiana Department of Child Services Settles Lawsuit Over Death of Foster Child

Guy DiMartino Oct. 31, 2014

Northwest Indiana personal injury lawyer discusses recent settlement where Indiana DCS settled a lawsuit alleging negligence in placing a foster child who died.

According to the report, the agency agreed to pay $150,000 for its part. The agency denied responsibility for the death and the settlement doesn't mean the agency was a fault. The lawsuit claimed that DCS was negligent in placing the child in a foster home. The child died from unexplained injuries.

Analysis

Indiana Department of Child Services has a duty of care when placing of child into a foster home. If DCS fails to fulfill its duty, by not properly checking out the foster family, and a child is injured or killed, then the agency may be liable for the injury or death. These cases must proceed under the Indiana Tort Claim Act, which has short notice requirements. Additionally, these claims have liability damage caps.

This was a terrible tragedy, we hate to see children injured or killed because of negligence. If you have any questions about an Indiana injury or accident case, call our Northwest Indiana personal injury lawyers or fill out the internet consultation form on the right hand side of the screen.