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Failure to Investigate Child Abuses Does Not Remove Political Subdivision Tort Immunity

In the case M.F. v. Perry Cty. Children Servs., 5th Dist. Perry Nos. 19-CA-003, 19-CA-0004, 2019-Ohio-5435, an Ohio appellate court held that the failure of a political subdivision to investigate child abuse does not remove political subdivision tort immunity.

In this case, a minor plaintiff sued a child services agency for failing to investigate child abuse. The governmental agency asserted statutory immunity under R.C. Chapter 2744. The minor plaintiff asserted that statutory immunity did not apply because R.C. 2151.421 expressly created liability for political subdivisions for failing to report child abuse.

The Ohio appellate court held that R.C. 2151.421, which creates a duty for certain classes of people to report suspected child abuse, did not expressly create liability for political subdivisions. The Ohio appellate court further held that the employees named in the complaint were not reckless as to create an exception to statutory tort immunity because no facts in the record suggested that the named employees should have known of the child abuse.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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