$1 Million lawsuit filed on behalf of beaten child; Illinois DCFS is named as defendant
September 24, 2010
Generally, government officials and employees have immunity from damages resulting from their negligence while discharging their duty.
In this case however, I can see an argument based on reckless disregard for the safety of the child be made so as to show that DCFS was so careless that their actions was no longer negligent but tantamount to a willful and wanton act. If the argument wins in Court, DCFS and the employee will be on the hook for the damages.
Every day I hear on the news how children have been abused by foster parents and somehow DCFS either knew about it, or had failed to properly investigate allegations of child abuse or some other such issue. It appears to me that DCFS is simply way too underfunded and is unable to meet its mandate.
The parents and grandparents of a Madison County boy and the state are named in a $1.05 million lawsuit filed on behalf of a young child allegedly beaten to death by his father.Matthew C. Wells, special administrator of the estate of Joseph M Schoolfield, filed the complaint Sept. 7 in Madison County Circuit Court. Named in the suit are Josephs mother, father, grandparents and the director of the Illinois Department of Children and Family Services, Erwin McEwen.