In a groundbreaking ruling, the New York Court of Appeals has clarified the legal responsibility municipalities hold when placing children in foster care. The decision in Jackie Weisbrod-Moore v. Cayuga County, et al. sets a new precedent for foster care oversight and municipal liability, reinforcing the duty of care owed to vulnerable children.
Case Background
Jackie Weisbrod-Moore, the plaintiff, filed a lawsuit under the Child Victims Act against Cayuga County, alleging that the county failed to protect her from severe abuse while she was in foster care. Weisbrod-Moore was placed in foster care at just three months old and suffered years of mistreatment. The county sought to have the case dismissed, claiming governmental immunity and arguing that it did not owe a “special duty” to the plaintiff.
Lower Court Decisions
The Supreme Court initially rejected the county’s motion to dismiss, allowing the lawsuit to proceed on the basis of common-law negligence. However, the Appellate Division overturned this ruling, stating that the county’s actions fell under governmental functions, requiring the plaintiff to prove a special duty—a legal standard she was unable to meet.
Court of Appeals Ruling
The New York Court of Appeals, in an opinion by Judge Troutman, reversed the Appellate Division’s decision. The Court firmly established that municipalities assume a duty of care when placing children in foster care, separate from the special duty doctrine.
Key Takeaways from the Decision:
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Legal Custodianship & Duty of Care – When a municipality places a child in foster care, it takes on a direct responsibility to protect them from foreseeable harm.
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Municipal Liability for Negligence – Counties can now be held accountable for negligence in foster placements without requiring proof of a special duty.
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Governmental Immunity Not Absolute – The Court determined that governmental function immunity is not an automatic shield at the motion-to-dismiss stage, allowing the case to proceed further in court.
Impact on NYC Foster Care and Municipal Liability
This ruling significantly expands the accountability of municipalities, ensuring that local governments prioritize child safety when making foster placements. It underscores the importance of proper vetting and supervision of foster homes, potentially prompting policy changes to strengthen child welfare protections.
Conclusion
The Jackie Weisbrod-Moore v. Cayuga County decision marks a major shift in New York’s foster care and municipal liability landscape. Municipalities in NYC and beyond must now take greater precautions to protect foster children, reinforcing the legal protections available to some of the state’s most vulnerable individuals.