In a landmark decision, the New York Court of Appeals issued an opinion on February 18, 2025, addressing the duty of care municipalities owe to children placed in foster care. The case, Jackie Weisbrod-Moore v. Cayuga County, et al., has set a precedent that impacts the foster care system and the responsibilities of municipalities.
Background of the Case
Jackie Weisbrod-Moore, the appellant, filed a lawsuit under the Child Victims Act against Cayuga County and other unnamed defendants. She alleged that Cayuga County, which placed her in foster care at three months old, failed in its duty to protect her from severe abuse by her foster parent, which occurred over seven years. The county moved to dismiss the complaint, arguing that it did not owe a special duty to Weisbrod-Moore and claimed governmental function immunity.
Supreme Court and Appellate Division Rulings
The Supreme Court denied the county’s motion to dismiss, recognizing that Weisbrod-Moore was asserting a common-law negligence claim, not a statutory one. However, the Appellate Division reversed this decision, concluding that the county was acting in a governmental capacity and that Weisbrod-Moore needed to establish a special duty under one of three recognized categories, which she failed to do.
Court of Appeals Decision
The New York Court of Appeals, in an opinion authored by Judge Troutman, reversed the Appellate Division’s decision. The Court held that municipalities owe a duty of care to foster children over whom they have assumed custody. This duty arises independently of the special duty doctrine, which requires plaintiffs to prove a special duty under specific circumstances.
Key Points from the Decision
- Common-Law Duty of Care: The Court emphasized that municipalities assume a custodial role when placing children in foster care, thereby taking on a duty to protect those children from foreseeable risks of harm.
- Governmental Custody: The Court distinguished this case from others by noting that Weisbrod-Moore was in the legal custody of the county, making the county responsible for her safety.
- Negligence Claims: The Court clarified that municipalities could be held liable for negligence in their placement and supervision of foster children, without needing to establish a special duty.
- Governmental Function Immunity: The Court deferred the resolution of the county’s immunity defense, indicating that it was not appropriate to decide this at the motion to dismiss stage.
Implications of the Ruling
This decision signifies a substantial expansion of municipal liability in New York, particularly concerning the foster care system. Municipalities are now explicitly responsible for ensuring the safety of children they place in foster care, potentially leading to increased oversight and changes in how foster placements are managed. The ruling also underscores the importance of municipalities exercising due care in selecting and supervising foster homes to prevent foreseeable harm to children in their custody.
Conclusion
The New York Court of Appeals’ ruling in Jackie Weisbrod-Moore v. Cayuga County represents a pivotal moment for foster care and municipal liability. By affirming the duty of care owed to foster children, the Court has strengthened protections for some of the most vulnerable members of society. Municipalities must now be more vigilant in their foster care practices, ensuring the safety and well-being of children under their custodial care.