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Removal of Children from Their Homes

A Children's Services worker was sued for negligence.

Oregon
State:

• An Oregon state appeals court ruled that the state Children's Services Division could be sued by the parents of a child who was removed from his home by a state worker who acted in a negligent manner. The Children's Services Division (CSD) received a report that two children had been physically abused by their step-mother. Pursuant to state law, a CSD employee and a police officer investigated the report, and concluded that the children may have been abused. The CSD employee immediately took the children into protective custody. However, she did not first review CSD files, which would have revealed that one of the children had earlier made false accusations of abuse against her step-mother. A few days later, after examining the children in his chambers during a hearing, a judge concluded that there was insufficient evidence of actual or threatened physical injury, and he ordered the ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

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Posted:
  • March 1, 1991

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