Smith v. Alameda County Social Services Agency

Opinion

BRUNN, J. *

In this case we undertake the delicate and difficult task of deciding whether or not to fashion a new cause of action. Appellant, in an able brief, states the underlying question: “The principal issue raised by this appeal is whether a county social services agency which has been entrusted with the sole responsibility for finding an infant an adoptive home may be held liable [for damages] if that agency negligently fails to carry out its responsibilities.”

Our discussion will be in three parts. We will first summarize the factual and procedural setting. Next, we will examine…