Child Placing Agency Awarded Summary Judgment

A federal judge in the Southern District of West Virginia granted summary judgment in favor of a child-placing agency in a case arising out of the death of an infant who had been removed from her parents' custody and placed into foster care.  The court agreed with the placing agency that the foster parents are not its agents for whose actions the agency may be liable because the “ultimate engagement, payment, dismissal, and control of foster parents” rests with the West Virginia Department of Health and Human Resources and the regulations imposed by the State of West Virginia. 

The child-placing agency was represented by Flaherty Attorneys Thomas V. Flaherty and Wesley P. Page.

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