B.J.M. v. State, Department of Health & Rehabilitative Services

JORGENSON, Judge.

B.J.M., an abused, neglected, and abandoned child who has over time been adjudicated both dependent and delinquent, appeals from an order of summary judgment in his action against the Department of Health and Rehabilitative Services seeking mandamus and damages for negligence. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

B.J.M. was born on December 25, 1973, and was abandoned by his parents. He has been diagnosed as borderline retarded. *514B.J.M. was raised by an elderly woman whom he knew as his grandmother, although she…