Stratton v. Commonwealth of Kentucky, 182 SW3d 516 (Ky., 2006)

Stratton v. Commonwealth of Kentucky, 182 SW3d 516
(Ky., 2006)
Actions of Cabinet for Families and Children in investigating
allegations of child abuse are discretionary, therefore, Cabinet
has immunity from negligence claims.

Actions of Cabinet for Families and Children in investigating allegations of child abuse are discretionary, therefore Cabinet has immunity from negligence claims.

CPS had been notified of possible physical abuse in February, 1994. The child died from injuries inflicted by her mother's boyfriend three months later, who was subsequently found guilty of murder and criminal abuse.

The Board of Claims offers a limited waiver of governmental immunity, but it extends only to negligence claims involving the performance of ministerial acts, or one in which the agency has no discretion. Discretionary acts cannot be a basis for recovery under the Board of Claims Acts.