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Harris v. Stimac9/22/2000
mmunity setting." Dr. Black then listed several conditions and stated, "Should Jeremy not be making an adequate adjustment in the home community setting (as will be evidenced by school discipline reports, parent reports, and counselor reports), strong consideration should be given to an inpatient treatment program. Again, this should probably be a treatment program focusing on substance abuse issues."
Based on this information, Wendt's caseworker allowed him to remain in the home of his grandmother. From September 15, 1989, the date Wendt arrived at his grandmother's home, until March 14, 1990, the date of the accident, the caseworker had direct phone contact or written correspondence with Cassandra Stimac, Ann Stimac, school personnel, and Wendt, on at least nineteen occasions. During a telephone conversation, Ann Stimac stated that, since his return home, Wendt had not been a source of behavioral problems either in the home or in the community and requested that he be released from the custody of DPSC. A week before the accident, Wendt contacted the caseworker and advised him that he had enrolled into the South Scotlandville Alternative Learning Center. During that conversation, the caseworker instructed Wendt to telephone once a week to discuss his activities.
The record reflects Wendt's general and non-violent behavioral problems. However, the knowledge of these problems did not place a duty on the state to protect third persons from his unintentional, negligent acts. Rather, the record reflects that the state's handling of the matter was reasonable and in accordance with the law. LSA-R.S. 46:1903 required DPSC to " reserve the unity of the family to the fullest extent possible." In summary, we find no duty on behalf of the state to protect third parties from the unintentional, negligent acts of this child; therefore, we find no tort liability on behalf of the state. Considering the foregoing, appellants' final assignment of error concerning damages is moot.
For the foregoing reasons, the judgment of the trial court is affirmed. Costs of this appeal are assessed against the appellants.
AFFIRMED.
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