John Doe 1 v. Indiana Department of Child Services

I agree with the majority that John Doe does not have a private light of action under the statute. However, I disagree with the majority’s conclusion that he also does not have a common-law negligence claim. I believe under Webb, John may bring a common-law negligence claim.1 Accordingly, I would reverse the trial court’s entry of summary judgment for DCS and remand for further proceedings.

In order .to determine whether a duty is owed at common law, three factors must be balanced: (1) the relationship between the parties, (2) the reasonable foreseeability of harm to the person injured, and…