Wynn v. Little Flower Children's Services

OPINION OF THE COURT

Acosta, J.

We hold that a child care agency that retains legal authority over a child owes the foster parents a duty to take steps to remove the child where it is placed on sufficient notice by the foster parents that the child is a danger to their household and is asked to remove the child. We find, however, that the record in this case presents an issue of fact as to whether the agency was given the requisite notice. Thus, the agency’s motion for summary judgment dismissing the complaint must be denied.

*66Defendant, Little Flower Children’s Services, is a child care agency…