E.P. v. Riley

MILLER, Chief Justice.

[¶ 1.] In this opinion we clarify application of the public duty doctrine. In so doing, we hold that employees of the South Dakota Department of Social Services (DSS) owed a common law duty to protect a child from harm inflicted by a foster child with known dangerous propensities. We reverse summary judgment in favor of DSS employees because, under the immunity statute, genuine issues of material fact exist whether they acted in good faith in the placement activities of the foster child. We affirm summary judgment in favor of foster parents and hold that they did not owe…