Creel v. North Carolina Department of Health & Human Services

HUNTER, Judge.

The issue presented by this case is whether, pursuant to the doctrine of respondeat superior, the North Carolina Department of Health and Human Services (“DHHS”) may be held liable under the Tort Claims Act for the alleged negligent acts of licensed foster parents. The Industrial Commission answered the question in the negative. We affirm.

I. Facts and Procedural History

Burnest and Rita Gamble are licensed foster parents. Justin Michael Creel (“the child”) was placed by the state with the Gambles on 21 October 1996. On 17 March 1997, while under the foster care of the Gambles,…