https://www.hawaiinewsnow.com/2024/02/16/prosecutors-legal-guardians-pulled-10-year-old-out-school-despite-teacher-opposition/
In this case a foster child was murdered slowly starved to death and the school, the neighborhood parents, and her biological parents where all calling and asking DHS to do a safety check.
Why are the state employees who refused to check on her not being charged with any crime? Also their names have not been released.
She was literally never checked on once she was put into foster care.
In: Other
The Supreme Court cases DeShaney v. Winnebago County Department of Social Services and less specifically Castle Rock v. Gonzalez.
The police or child services have a duty to uphold the law, but they have no duty to protect any individual who is not currently in their custody or where other special relationship is not established. Failing to uphold the law only means they did their job poorly and can get fired for that. Failing to protect a general individual is not within their duty.
What is a special relationship is case by case, but this doesn’t appear to fit within any I know of. Note that this does not prevent a state from creating such a duty, but as far as I know none have.
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