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
If you can find a case of actual negligence, we could probably discuss more, but in this case, the girl had already been put under legal guardianship. This is no longer DHS’s responsibility.
Now, that doesn’t excuse cops not performing a wellness check if asked, assuming they were, but they have all sorts of immunity when it comes to judgement (or lack thereof).
If you’re looking for some moral justification here, you won’t find it. Sometimes innocent people fall through the cracks and society has accepted or been forced to accept that.
The Federal Tort Claims Act probably? “Under the FTCA, the federal government acts as a self-insurer, and recognizes liability for the negligent or wrongful acts or omissions of its employees acting within the scope of their official duties.”
The government employed the agent, so they take responsibility. Not the agents.
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