CHILDREN AND THE LAW
...Dependency Petitions
......Social Worker Tort Liability/Immunity
8 Cards On This Topic:

Social worker entitled to qualified immunity despite genuine issues of material fact as to whether she fabricated evidence of foster caregiver's child abuse.

Social workers have absolute immunity when they make quasi-prosecutorial decisions to institute court dependency proceedings but are not entitled to absolute immunity from claims they fabricated evidence or made false statements.

Material question of fact existed as to whether social worker had reasonable cause to believe child faced imminent danger of serious bodily injury so as to justify warrantless entry to home and seizure of child.

As it was clearly established that warrantless removal of Cs is permissible only in cases of exigency, and it would have been apparent to a reasonable social worker that no exigency existed here, SJ for social worker reversed.

Immunity for discretionary decisions by public employees.

SWs are not judicial officers entitled to judicial immunity, but are entitled to SJ as a matter of law based on the immunity that shields discretionary decisions by public employees under GC §820.2.

SJ for CPS, which sent child back to violent father who then stabbed her, affirmed—GC 820.2 immunizes govt employees from liability for discretionary acts.

On negligence complaint re sexual abuse reporting, SJ properly entered for county CPS and social workers on ground of immunity under GC 820.2 and/or GC 821.6.