Rees v. State, Dept. of Health and Welfare
| Citation | 137 P.3d 397,143 Idaho 10 |
| Decision Date | 24 April 2006 |
| Docket Number | No. 31632.,31632. |
| Parties | Justin James REES, individually and as parent and guardian of Tegan Rees, deceased, Plaintiff-Appellant, v. STATE of Idaho, DEPARTMENT OF HEALTH AND WELFARE, Nicole Ott, Defendants-Respondents, and Chris Griffeth, Melissa Rees, Bonneville County Sheriff's Department and Greg Black, Defendants. |
| Court | United States State Supreme Court of Idaho |
Curtis & Browning, Idaho Falls, for appellant. Allen H. Browning argued.
Hon. Lawrence G. Wasden, Attorney General, Boise; Beard, St. Clair, Gaffney, McNamara & Calder, PA, Idaho Falls, for respondents. Michael Dean Gaffney argued.
This case involves an issue of first impression for this Court: whether the Idaho Department of Health and Welfare (the Department) and its employees can be liable for negligently investigating a reported case of child abuse. Tegan Rees (Tegan), a two-year old child, was beaten to death by his mother's boyfriend. His father, Justin Rees (Rees) had previously reported suspected child abuse to the Department. After conducting an investigation, licensed social worker Nichole Ott Aldinger (Ott) returned Tegan to his mother's custody. Less than two months later, Tegan died. Rees then brought a wrongful death action against the Department and Ott. The district court granted summary judgment for the Department and Ott. Rees appeals from that judgment. We reverse and remand.
On September 16, 2001, Rees went to the apartment his ex-wife, Melissa Rees (Melissa), shared with her boyfriend, Chris Griffeth (Griffeth), to pick up his son, Tegan. Griffeth answered the door and Rees noticed Tegan had bruises and other injuries on his head and face. Rees left with Tegan. When they arrived at Rees's mother's home, Rees telephoned the Bonneville County Sheriff's Department (BCSD) to report suspected child abuse.
Sheriff's Deputy Greg Black (Black) responded to the call. He interviewed Tegan and Rees. Black then went to Melissa's apartment to discuss the child abuse report with her and Griffeth. Melissa told Black that Tegan had been injured while playing in the apartment complex, and she also accused Rees and his family of abusing Tegan. Black then contacted the deputy prosecuting attorney for Bonneville County and notified the Department. Black told Melissa that because of Tegan's suspicious injuries, the Department would find Tegan temporary foster care while the Department conducted an investigation. Melissa suggested Tegan instead stay with his day care provider, Gail Hampton (Hampton). When Black explained the situation to Rees, he agreed to allow Tegan to stay with Hampton. Black and Christie Rees, Rees' mother and Tegan's grandmother, took Tegan to Hampton's home.
The following day, Ott received a referral for an immediate risk assessment regarding Tegan. She telephoned Melissa, who informed Ott that she was not home when Tegan was injured but her neighbors had told police that a neighbor boy had tripped Tegan causing him to fall and hit his head on the sidewalk. Ott and another licensed social worker, Danielle Hawkins, then visited Tegan at Hampton's home. Ott attempted to interview Tegan and spoke with Hampton. Hampton told Ott there were no bruises on Tegan the previous day when she was watching him, but he had two black eyes and bruises on his forehead when he was brought to her home by Black and Christie Rees. She also told Ott that Rees, Melissa and Griffeth had all been good to Tegan in her presence, that Melissa had also sought appropriate medical care for Tegan, and that Tegan always came to her home clean and well-fed.
Ott and Hawkins then went to Melissa's home and interviewed both Melissa and Griffeth. They both stated neighbors had been watching Tegan prior to Rees picking him up and Tegan did not have any bruising on his face or head when he left their care. Ott informed Melissa that she wanted Tegan to see a doctor, and Melissa made an appointment for Tegan later that day.
Ott also spoke with Melissa and Griffeth's neighbors. Their next door neighbor told Ott she had seen Tegan the night before the report was made and he did not have any bruises on his head. She also saw Tegan the morning Rees picked him up and Tegan did not have any bruises at that time. Ott also spoke with another neighbor, Beth.1 Beth and her son, Tyler, had been caring for Tegan the day of the incident. Beth told Ott that Tyler, Tegan and other children were playing outside. Tyler then brought Tegan to Melissa's apartment, where Beth was, and told her another boy had tripped Tegan. She stated that a bruise was beginning to show on Tegan's face. She also told Ott that neither Melissa nor Griffeth were home at the time Tegan was injured.
Ott, Melissa and Tegan then met with Wade Christensen (Christensen), a physician's assistant at Tegan's pediatrician's office. Christensen examined Tegan's ears as part of a well-baby check-up for Tegan's frequent ear infections. He also questioned Melissa about Tegan's injuries. Melissa told Christensen her neighbors saw Tegan fall and hit his head. Although Ott was present during the examination at no time during this visit did she speak.
Based on her investigation Ott concluded Tegan was not at risk and returned him to Melissa's care. The next day, she informed Rees that the investigation was closed. She told him that after speaking with witnesses and with Dr. Baker she had found this was an invalid case of reported abuse.2
Tragically, less than two months later, on November 6, 2001, Tegan died as a result of abuse by Griffeth.3 Rees then brought suit against Melissa, Griffeth, Black, BCSD, Ott and the Department. All the defendants but Ott and the Department were dismissed from the suit. The Department and Ott then moved for summary judgment. The district court granted this motion; Rees appeals from that judgment.
When reviewing a motion for summary judgment, this Court uses the same standard employed by the trial court when deciding such a motion. Kolln v. Saint Luke's Regl. Med. Ctr., 130 Idaho 323, 327, 940 P.2d 1142, 1146 (1997). "[I]f the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law" summary judgment is proper. I.R.C.P. 56(c). The burden is on the moving party to prove an absence of genuine issues of material fact. See, e.g., Evans v. Griswold, 129 Idaho 902, 905, 935 P.2d 165, 168 (1997). In addition, this Court views the facts and inferences in the record in favor of the non-moving party. Id.
Whether a duty exists is a question of law over which this Court exercises free review. Turpen v. Granieri, 133 Idaho 244, 247, 985 P.2d 669, 672 (1999).
In addition to the "strong line" of authority setting out the standards under which this Court reviews a motion for summary judgment, Harris v. State Dept. of Health & Welfare, 123 Idaho 295, 298, 847 P.2d 1156, 1159 (1992), when reviewing a motion for summary judgment against a governmental entity and its employees under the Idaho Tort Claims Act (ITCA), this Court must engage in a three step analysis. Coonse ex rel. Coonse v. Boise Sch. Dist., 132 Idaho 803, 805, 979 P.2d 1161, 1163 (1999); Harris, 123 Idaho at 298 n. 1, 847 P.2d at 1159 n. 1; Olguin v. City of Burley, 119 Idaho 721, 723, 810 P.2d 255, 257 (1991); Czaplicki v. Gooding Joint Sch. Dist., 116 Idaho 326, 330, 775 P.2d 640, 644 (1989). First, we must determine whether "tort recovery is allowed under the laws of Idaho." Harris, 123 Idaho at 298 n. 1, 847 P.2d at 1159 n. 1. This is essentially a determination of whether there is such a tort under Idaho Law. Czaplicki, 116 Idaho at 330, 775 P.2d at 644. Second, this Court determines if "an exception to liability under the ITCA shields the alleged misconduct from liability." Coonse, 132 Idaho at 803, 979 P.2d at 1163. Finally, "if no exception applies, [we examine] whether the merits of the claim as presented for consideration on the motion for summary judgment entitle the moving party to dismissal." Id.
Therefore, we will first examine whether Ott and the Department were entitled to summary judgment under this three-part analysis, turning then to the issue of attorney's fees.
Rees brought a wrongful death action, premised on negligence, against both Ott and the Department. Under Idaho law, a cause of action for negligence includes proof of "a duty, recognized by law, requiring the defendant[s] to conform to a certain standard of conduct." Coghlan v. Beta Theta Pi Fraternity, 133 Idaho 388, 399, 987 P.2d 300, 311 (1999). The parties correctly agree the Department and Ott owed no general duty to Tegan; therefore, the issue for this Court becomes whether Idaho law recognizes a special duty of care in this instance.
Rees argues the Idaho Child Protection Act (ICPA), I.C. § 16-1601 et seq., creates in the Department an affirmative duty to competently investigate reports of child abuse. In support, he asks this Court to adopt the reasoning of other jurisdictions that have examined their child protection statutes and regulations and determined a special duty arises during child abuse investigations. Conversely, Ott and the Department stand on two prior Idaho Court of Appeals cases refusing to recognize the tort of negligent investigation and point this Court to other jurisdictions that have refused to recognize a duty to competently investigate reported child abuse.4
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