Edwards v. Department of Children & Youth Services

Fletcher, Presiding Justice.

We granted certiorari to consider whether state employees perform a “discretionary function” under the Georgia Tort Claims Act when they make decisions on the emergency medical treatment of juveniles in state custody. Adhering to our previous opinions that the discretionary function exception to the tort claims act requires the exercise of a policy judgment, we hold that the decision of state employees on the type of emergency medical treatment to provide incarcerated juveniles is not a discretionary function as that term is defined in the statute. As a result, the…