M.B. v. Schuylkill Cnty.

• Decision Date: 21 March 2019
• Docket Number: CIVIL ACTION No. 18-756
• Parties: M.B., a Minor, Plaintiff, v. SCHUYLKILL COUNTY et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

375 F.Supp.3d 574

M.B., a Minor, Plaintiff,

v.SCHUYLKILL COUNTY et al., Defendants.

CIVIL ACTION No. 18-756

United States District Court, E.D. Pennsylvania.

Filed March 21, 2019

Gregory S. Spizer, Anapol Weiss, Philadelphia, PA, for Plaintiff.

Frank L. Tamulonis, Jr., Lieberman, Tamulonis & Hobbs, Pottsville, PA, for Defendants Schuylkill County, Marcia Hoke.

Frank R. Emmerich, Jr., Eckert Seamans Cherin & Mellott LLC, Andrew Kabnick Garden, Conrad O'Brien, PC, Philadelphia, PA, for Defendants Kidspeace, Kidspeace National Centers, Inc., Kidspeace Corporation, Kelsey O'Hara, Heather Moore, Cori Ruszkowski.

Robert J. O'Brien, Cohen Seglias Pallas Greenhall & Furman PC, Philadelphia, PA, Jenna M. Kraycer, Joseph A. O'Brien, Michael J. O'Brien, Oliver Price & Rhodes, Clarks Summit, PA, for Defendant Catholic Social Services of The Diocese of Scranton, Inc.

Jenna M. Kraycer, Joseph A. O'Brien, Michael J. O'Brien, Oliver Price & Rhodes, Clarks Summit, PA, Robert J. O'Brien, Cohen Seglias Pallas Greenhall & Furman PC, Philadelphia, PA, for Defendant Geneva Mathuse.

MEMORANDUM

PRATTER, J.

This case involves alarming facts. The Court's immediate task, however, is not to evaluate the seriousness of the allegations, but rather to test their sufficiency. As set forth below, the Court grants in some parts and denies in other parts the various defendants' motions to dismiss.¹

The Schuylkill County Defendants move to dismiss all § 1983 claims against them as well as the prayer for punitive damages against Marcia Hoke. The Court grants in part and denies in part the motion, such that it will grant the request to dismiss the punitive damages claim against Ms. Hoke in her official capacity only.

The CSS Defendants move to dismiss the § 1983 claims and negligence and vicarious liability claims against them. The Court grants the motion, and all claims against the CSS Defendants are therefore dismissed.

The KidsPeace Defendants move to dismiss the § 1983 claims, negligent misrepresentation claims, and negligence per se claims against them. The Court grants in part and denies in part the motion, such that the § 1983 claims are dismissed against all of the KidsPeace Defendants.

BACKGROUND ²

Plaintiff M.B. is a developmentally and emotionally disabled child. Since September 15, 2014, M.B. and her biological brother have been in the custody and care of K.B. and P.B. K.B. and P.B. formally adopted M.B. and her brother on February 1, 2017, and K.B. and P.B. have been the legal parents and guardians of both children since that time.

I. K.B. and P.B. Foster J.W.

In May 2017, K.B. and P.B. registered as foster parents with KidsPeace, a Pennsylvania-based foster care organization. Shortly thereafter, KidsPeace employee Cori Ruszkowski contacted K.B. and P.B. about potentially placing an 11-year-old boy, J.W., in K.B. and P.B.'s care. At that time, J.W. was in the custody of Schuylkill County Children & Youth Services ("SCCYS"), which is an agency of Schuylkill County. Although K.B. and P.B. "were not looking to foster a child of [J.W.'s] age," Ms. Ruszkowski assured K.B. and P.B. that "J.W. acted younger than his biological age and that he posed no risk, sexual or otherwise, to [K.B. and P.B.'s] minor children," including M.B. Amended Compl. ¶ 33. At least one employee from SCCYS would later echo that sentiment.

On or around May 18, 2017, K.B. and P.B. spoke with Ms. Ruszkowski about J.W.'s history. Ms. Ruszkowski reaffirmed that J.W. did not have a history of sexual abuse, molestation, or past behavioral issues that might cause problems at K.B. and P.B.'s home. K.B. and P.B. were only told that J.W. had one "minor incident" in his prior home, in which he "turned over a table." Id. ¶ 35.

On or around May 22, 2017, K.B. and P.B. met with J.W. for the first time, at Lehigh Valley Hospital. The meeting and a medical exam did not raise any red flags with K.B. and P.B., and so they agreed to foster J.W. After that meeting, Ms. Ruszkowski text messaged K.B. that J.W. had "been through the ringer," id. ¶ 36, but did not explain what she meant by that.

A few days later, on or around May 25, 2017, Ms. Ruszkowski and Marcia Hoke—a case worker at SCCYS—"transported [J.W.] for placement" in K.B. and P.B.'s home. Id. ¶ 37. At that time, "K.B. inquired again to Defendants Hoke and Ruszkowski whether J.W. had ever been molested, had a sexual assault history with others or had other troubling or concerning behaviors." Id. Ms. Ruszkowski and Ms. Hoke each "categorically denied that J.W. had any sexual assault, molestation or troubling behavioral history or that he posed a risk to [M.B.] or her family." Id.

At the time of J.W.'s placement, K.B. and P.B. requested, but did not receive, (1) a copy of J.W.'s "background materials," and (2) a family service plan. Id. ¶ 38. K.B. and P.B. appear to have been entitled to several categories of information about J.W.:

• First, upon their request, K.B. and P.B. were entitled to whatever records were maintained for J.W. 55 Pa. Code § 3680.35(b)(i).

• Second, K.B. and P.B. should have been provided information, from J.W.'s case records, necessary to (1) "protect [J.W.'s] health and safety and to assist in [J.W.'s] successful accomplishment of necessary educational, developmental or remedial tasks," and (2) "enable [J.W.] to function safely[.]" 55 Pa. Code § 3700.38(c)–(d).

• Third, within sixty days of accepting a foster family, the relevant county agency was required to prepare and provide the foster parents with a family service plan identifying (1) information pertaining to both the child and other family members, (2) the specific circumstances under which the case was accepted, (3) the service objectives for the family and changes needed to protect children in the family from abuse, neglect, and exploitation, (4) the services to be provided to achieve the plan's objectives, (5) the actions to be taken by the parents, children, the county agency or other agencies, (6) any placement amendments, and (7) the results of family service plan reviews and placement reviews. 55 Pa. Code § 3130.61. Further, prior to placement of a foster child, the foster parents should have received amendments to the service plan identifying, among other things, the foster child's "known medical problems, including the identification of known physical, mental or emotional disabilities." 55 Pa. Code § 3130.67(b)(2)(vi).

II. K.B. and P.B. Begin to Have Issues with J.W. and Learn of Previous Incidents.

While K.B. and P.B. were fostering J.W., several incidents with him occurred:

• On or around May 26, 2017, J.W. informed his foster parents that he had previously been abused. After K.B. alerted Ms. Ruszkowski at KidsPeace, Ms. Ruszkowski responded that K.B. should "hold off calling it in" to Child Protective Services. Amended Compl. ¶ 42. Ms. Ruszkowski then followed up with K.B. that the allegation was already in CPS's system and that the allegation "has been investigated." Id. SCCYS and Ms. Hoke also allegedly knew about the prior accusation of abuse, but no one from SCCYS or KidsPeace initially disclosed the existence of the allegation to either K.B. or P.B.

• On or around May 30, 2017, J.W. told K.B. and P.B. that he was nervous about an upcoming routine psychological evaluation because he had been forced to leave his previous foster home after another boy tried to kiss him. K.B. and P.B. responded by alerting Ms. Hoke at SCCYS, who "laughed" and said that J.W. had "asked the boy to kiss him." Id. ¶ 43. Ms. Hoke also added that when J.W. was asked about this episode at his prior foster home, it caused J.W. to flip a table and attempt to jump out of a window. Though K.B. and P.B. knew that J.W. had flipped a table, SCCYS had not previously disclosed the incident's cause, nor did SCCYS tell K.B. and P.B. that J.W. had tried to jump out of a window. No one had previously told the foster parents that J.W. had an incident involving kissing another foster child.

• Also on or around May 30, 2017, Ms. Ruszkowski at KidsPeace informed K.B. and P.B. that J.W.'s file described another previously undisclosed incident, during which J.W. asked another boy to have sex with him. The file stated that this was assessed to be an "isolated incident" and a "non-threat." Id. ¶ 44. This incident was not previously disclosed to K.B. and P.B.

• On or around June 5, 2017, a different KidsPeace employee—Kelsey O'Hara—informed K.B. and P.B. that J.W. was not allowed to be placed in a home with his biological brothers after an undisclosed incident. According to Ms. O'Hara, J.W. had a "not healthy" relationship with his brothers, whom he "manipulated" by telling them to "do bad things." Id. ¶ 45. K.B. and P.B. did not know about this incident before being told by Ms. O'Hara, and they asked Ms. O'Hara for J.W.'s psychological evaluation. They never received the evaluation, however.

• On or around June 11, 2017, J.W. told K.B. and P.B. that he had been molested by a former foster mother.

• On or around June 15, 2017, Geneva Mathuse, a Corporate Social Responsibility Worker for Catholic Social Services of the Diocese of Scranton, Inc. ("CSS"), visited K.B. and P.B.'s home to meet with J.W. CSS was responsible for finding a permanent adoptive home for J.W. Ms. Mathuse told K.B. and P.B. that she was surprised that J.W. had been placed in that home because J.W. "was not to be placed in homes with younger children." Id. ¶ 47. At least one of KidsPeace's offices (in Reading) allegedly also had this information, although the office that was responsible for placing J.W. with K.B. and P.B. (the Doylestown office) did not have the information.

• Also on or around June 15, 2017, J.W. attempted to kiss P.B. on the mouth. The next day, K.B. contacted Ms. O'Hara at KidsPeace about the incident, who advised K.B. to discuss boundaries with J.W.

Neither KidsPeace, SCCYS, CSS, nor any of their employees, took action to remove J.W. from K.B.'s and P.B.'s custody after these incidents or in light of the subsequent...