Legal Question in Family Law in Maine
state foster care programs
My question is: Can I sue the state
if my daughter was killed in a car
accident while she was in fostercare
there are complaints about family and children services, the caseworker, even the foster mother
not taking care of her. whom was drinking every night. and left my daughters care upto the teenage
foster son who was driving the car
1 Answer from Attorneys
Re: state foster care programs
Suits against the State are subject to the Tort Claims Act which require that prompt action be taken by an attorney for the Claimant and an intent to sue be filed within 180 days of the death. If notice to the state is not provided within that timeframe the ability to sue may forever be lost.
As to the specific question of the State's liability for lack of oversight for the foster child, my initial reaction is that the state should be liable, but I caution that a full review of all the facts would be necessary to make that determination.
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