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Can i sue dcf for my child falling down stairs in her foster home??

Fall River, MA |

I had a visit with my daughter today and was informed that my 18month old had fallen down a flight of stairs in her foster home...when i asked where the foster mother was i got no answer but if it was me i would have a 51a filed against me in a heartbeat

Attorney Answers 1

Posted

Was your daughter injured? No claim absent that. And nothing in your question reveals evidence of negligence other than possible lack of supervision. Was that the case? Not every accident results from negligence. Obviously, DCF is aware so I'd keep pressing the issue with it until you get answers. IF there is negligence plus injury, there would be claim against foster parents. DCF's responsibility would be more difficult to show in my view, and there is a specific procedure to follow in order to make a claim against it. You will need a lawyer's help. But again, absent negligence AND injury, no claim.

To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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3 comments

Asker

Posted

she has bumps and bruses but if tables were turned around i would have a 51a placed against me..and this isnt the 1st time something has happened to one of my children in the care an protection of dcf..he was severly bruned by the pre adoptive mother back in 09 and nothing has happened. so far...but my point is why werent there saftey gates installed on both bottom and top of the stairs??? and where was the foster mother when my daughter fell down the stairs?? and why wast i notified about this untill a week after it happened??

Thomas J Callahan

Thomas J Callahan

Posted

All good questions that should be pressed with DCF and perhaps taken up with a judge to get another placement or return to you. I am glad she was not seriously hurt.

Asker

Posted

yes i am glad as well...and i hope the judge reconsiders placing her back with me...dcf has nothing against me but yet they are using my old service plan with my daughter...and next month they are going to change the goal to adoption....

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