G. v. State Dept. of Srs

The opinion of the court was delivered by This case concerns the liability of the Kansas Department of
Social and Rehabilitation Services (SRS) for damages caused by
its removal of a child from a foster care home. Does the
discretionary function exception of the Kansas Tort Claims Act
(KTCA), K.S.A. 75-6104(e), apply? Gloria G. filed the instant personal injury action on behalf of
her adopted son, A. She sued SRS, alleging that A. incurred
emotional and psychological damage as a result of the SRS
decision to remove A. from a foster home in 1980. A. was placed
with Gloria, who adopted him two years later. SRS appeals from a
judgment entered on a jury verdict finding SRS 30% at fault and
awarding A. $187,000 as SRS's share of the total damages.