F.D. v. Ind. Dep't of Child Servs.Annotate this Case
Mother informed the Department of Child Services (DCS) that her son (Son) had been molested by her twelve-year-old nephew (Nephew). During a subsequent investigation, Nephew admitted to inappropriately touching Son and one of Mother's daughters (Daughter). Mother, however, was not informed of Nephew's molestation of Daughter. Nephew was adjudicated delinquent and placed on probation, but Mother was not informed of Nephew's adjudication. Mother was later informed of Nephew's admission to the molestation of Daughter from a third party. Mother and Father (Plaintiffs) filed suit against DCS and the Evansville Police Department (EPD), alleging negligence. The trial court granted summary judgment to all defendants on grounds of immunity. The Supreme Court (1) affirmed summary judgment in favor of EPD, holding that EPD was immune from Plaintiffs' claims under the Indiana Tort Claims Act (Act); but (2) reversed the grant of summary judgment in favor of DCS, concluding that it was not immune under either the Act or the child abuse reporting statute. Remanded.