Should Ohio Social Workers Be Looking Over Their Shoulders?

The legal analysis posted last week on this blog by Daniel Pollack discussing legal immunity for children services social workers was comprehensive and well done. A review of Ohio federal cases on point is very interesting and enlightening.

The Sixth Circuit Court of Appeals has decided on the issue of whether a caseworker can be personally liable.1 In Holloway, the court determined that absolute immunity applies to a caseworker only when they are acting in the scope of a legal advocate (such as a prosecutor) which is not their role under Ohio law.  The caseworker sued in Holloway withheld information from the Court that the mother had attempted to assert her parental rights, lying to the mother in telling her that her parental rights had been terminated when they had not and in failing to share information which would have allowed mother an opportunity to assert her rights in Court.   … View Full Article → “Should Ohio Social Workers Be Looking Over Their Shoulders?”

Is There Legal Immunity for Social Workers Who Lie?

It is an accepted principle that a parent has a constitutionally protected interest in the custody and care of his or her child.  This interest does have exceptions, especially when the child may be in immediate or apparent danger. This is when child protection services gets involved. Crucial to every child protection investigation is to establish the facts and circumstances of the case. When these are presented to the court at a dependency hearing, the evidence may become proof.

The best professional judgment of child protection workers may, in hindsight, be wrong.  For this and other reasons, child protection workers usually have some level of immunity from prosecution.1  When individual government officials are sued for monetary damages they generally are granted either absolute or qualified immunity. The United States Supreme Court has stated that qualified immunity is the norm, absolute immunity is the exception.2

Should that immunity disappear when, in their official capacities as child protection workers, they make knowingly inaccurate or false statements which result in the wrongful removal of a child?  … View Full Article → “Is There Legal Immunity for Social Workers Who Lie?”