Does a social worker have a duty to monitor a foster child outside the home and monitor the child's development while in placement?

California, United States of America


The following excerpt is from San Mateo Union High Sch. Dist. v. Cnty. of San Mateo, 152 Cal.Rptr.3d 530, 213 Cal.App.4th 418 (Cal. App. 2013):

In County of Los Angeles v. Superior Court, supra,102 Cal.App.4th 627, 641643, 125 Cal.Rptr.2d 637, the complaint alleged causes of action against the County for negligence and violation of mandatory statutory duties ( 815.6) that required social workers to analyze selection criteria prior to foster placement of a child, adhere to a specified priority directive when selecting foster care placement, monitor a child placed outside the home, and take necessary actions to safeguard the child's growth and development while in placement. ( County of Los Angeles v. Superior Court, supra, at p. 643, 125 Cal.Rptr.2d 637.) The court concluded that the regulations set forth general policy guides for social workers, but neither specifically direct the manner in which the goals will be achieved nor require a particular result. ( Id. at p. 641, 125 Cal.Rptr.2d 637.) The goals and factors specified in the statute are left to the judgment of the social worker, ( ibid.) the court concluded, and therefore create no mandatory duties. ( Id. at p. 642, 125 Cal.Rptr.2d 637.)

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