Archer ex rel. Maureen G. v. Dare Family Services, Inc.

A. Introduction

This case raises the important issue of whether the Commonwealth can be vicariously liable under the Tort Claims Act, G.L.c. 258, for alleged negligence by a foster parent who was caring for a foster child under an independent contractor arrangement with the Commonwealth. The court concludes that the Commonwealth can be vicariously liable in such an independent contractor situation, but vicarious liability is limited to cases where the plaintiff can prove that the particular foster parent was subject to direction and control by the Commonwealth.

On a related issue, the court…