Mitzner Ex Rel. Bishop v. State, Kansas Department of Social & Rehabilitation Services

The opinion of the court was delivered by

McFarland, J.:

This is a personal injury action wherein damages are sought from the Kansas Department of Social and Rehabilitation Services (SRS) for injuries received by a minor child during her placement in foster care. Summary judgment was entered by the district court in favor of SRS, and plaintiffs appeal therefrom.

The uncontroverted facts may be summarized as follows:

On December 1, 1986, defendants Shirley and Phillip Jamison submitted an application to the Kansas Department of Health and Environment for a license to conduct a family foster home.…