O'Toole v. Denihan

889 N.E.2d 505, 118 Ohio St. 3d 374
CourtOhio Supreme Court
DecidedJune 4, 2008
DocketNo. 2007-0056
StatusPublished
Cited by170 cases

This text of 889 N.E.2d 505 (O'Toole v. Denihan) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Toole v. Denihan, 889 N.E.2d 505, 118 Ohio St. 3d 374 (Ohio 2008).

Opinions

O’Connor, J.

{¶ 1} In the case before us, we are asked to determine whether appellants Cuyahoga County Department of Children and Family Services (“CCDCFS”), Tallis George-Munro, Kamesha Duncan, and William Denihan are entitled to immunity in their handling of the case of Sydney Sawyer, a child who died from abuse. For the reasons that follow, we hold that they are.

{¶ 2} First, a public children services agency and its employees, upon receipt of a case referral, do not have a duty under R.C. 2151.421(A)(1)(a) to cross-report the case to a law-enforcement agency and are immune from liability for failing to [375]*375do so. Second, because R.C. 2919.22(A) does not expressly impose liability on a political subdivision and its employees, immunity applies.

{¶ 3} Finally, recklessness is a perverse disregard of a known risk. Recklessness, therefore, necessarily requires something more than mere negligence. The actor must be conscious that his conduct will in all probability result in injury.

{¶ 4} Accordingly, we reverse the judgment of the court of appeals.

I. Relevant Background

{¶ 5} The trial court decided this case in appellants’ favor by summary judgment. We, therefore, construe the following facts from the record (which include deposition transcripts, affidavits, and the pleadings) in the light most favorable to appellee. State ex rel. Zimmerman v. Tompkins (1996), 75 Ohio St.3d 447, 448, 663 N.E.2d 639.

{¶ 6} On the morning of March 29, 2000, CCDCFS received a referral regarding the condition of a minor child, Sydney. The referral came to CCDCFS through the normal hotline procedure.

{¶ 7} The intake supervisor overseeing Sydney’s case was Tallis George-Munro. As an intake supervisor, George-Munro was responsible for receiving daily cases from the hotline unit, distributing those cases to the unit social workers, advising those social workers on their handling of the case, and evaluating the cases for either closure or a transfer to ongoing services. An intake supervisor, however, did not follow the cases beyond the initial intake. Only the social workers in the intake unit handled that aspect of the investigation.

{¶ 8} Referrals received from the hotline secretary were triaged and given a rating of priority one, two, or three. A case with a priority-one rating was given immediately to the social worker who was on standby to receive such cases for that day, even if the social worker was a new employee with little training and experience. The standby social worker’s responsibility was to investigate cases, which required inquiring into the family situation, identifying resources for the child, and determining whether the case should be closed or transferred. In investigating a priority-one referral, the social worker must leave the agency within one hour of receipt of the case and go to the reporting source or to the child. The social worker would take several forms, including medical releases and letters from CCDCFS to leave at the child’s home in case no one was there.

{¶ 9} After the referrals were triaged, George-Munro would assign the cases on a rotational basis. In this instance, Sydney’s case was given a priority-one rating because the reporting source indicated that Sydney had a mark on the left side of her head and other marks on her body.

{¶ 10} Shortly before this incident, on March 1, CCDCFS had implemented a new investigative and reporting model called Structured Decision Making [376]*376(“SDM”). George-Munro received some training in SDM, which included two 45-minute sessions, a full-day training session, and a half-day workshop. He did not, however, attend a four-day session that provided more extensive training on SDM, nor had he or his social workers been tested to ensure that they understood SDM. George-Munro expressed his doubts regarding SDM in November 1999 because he was concerned over how it could be used to adequately predict individual situations. He also was troubled that SDM did not contain a baseline for risk assessment, which was the foundation for CCDCFS’s policies.

{¶ 11} Under the SDM model, the social worker on an initial visit must take a safety-assessment form (which addressed the initial home visit), risk-assessment form (addressing future risk), safety-plan form, investigation-and-assessment form (“I & A”), and a police-verification form that would be sent to the police if, after 30 days, the allegation was substantiated.

{¶ 12} On the day Sydney was referred, Kamesha Duncan was the standby social worker for priority-one cases. Duncan had received six to eight priority-one cases since she began accepting cases in January 2000. Although she was still on her six-month probationary period, she had received training in SDM. Despite not being completely familiar with the intake department’s policies and procedures, Duncan had filled out safety- and risk-assessment forms in cases prior to March 29, 2000. She did not understand, however, that the safety assessment was to be completed when she interviewed the child.

{¶ 13} Upon assigning Sydney’s case to Duncan, George-Munro gave Duncan his camera and told her to go to the daycare where Sydney was located, take pictures of her, speak with the daycare staff regarding the referral, interview Sydney separately from her mother LaShon, and call him after she interviewed Sydney.

{¶ 14} When Duncan arrived at the daycare, the staff told Duncan about the marks on Sydney’s face, back, and hands. The staff, however, could not really give any other background information about Sydney because she had been at the center for only two or three weeks.

{¶ 15} Duncan, who was not trained in identifying sources of abuse, photographed all the marks on Sydney. As she interviewed the child, Duncan observed injuries on Sydney’s left ear, on the left side of her face, and on her back and hands. Sydney told Duncan that these marks were from a fall. The mark on Sydney’s face was circular, and the mark behind the ear was more of a straight line; Duncan also noticed a smaller red mark inside Sydney’s ear. Sydney told Duncan that her ear injury was the result of an ear infection. Not suspecting that the mark on her face was a fist mark, Duncan did not question this response or ask Sydney to elaborate.

[377]*377{¶ 16} The marks on Sydney’s back were about three to four inches long. Sydney said she did not know how she received these injuries, and there was nothing about those injuries that made Duncan suspect that they were from physical abuse.

{¶ 17} Duncan suspected, however, that the cause for the injuries on Sydney’s hands was abuse. Sydney’s palms had circular marks, with skin peeling off. Duncan did not think that Sydney’s explanation that she got the burns from hot water while brushing her teeth was plausible.

{¶ 18} Duncan did not notice any other marks, nor did she notice anything unusual about Sydney’s gait.

{¶ 19} Sydney further relayed to Duncan that she lived with her mother and “father,” who was actually her mother’s boyfriend Patrick Frazier, and she did not live with any siblings. Sydney also told Duncan that nobody punished her by hitting her. Although Duncan thought that Sydney may have been lying about the marks on her hands, she stated that she did not suspect that Sydney was being abused.

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Cite This Page — Counsel Stack

Bluebook (online)
889 N.E.2d 505, 118 Ohio St. 3d 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/otoole-v-denihan-ohio-2008.