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Radke v. County of Freeborn4/21/2005
The issue in this case is whether a negligence cause of action can be maintained for the intervention and investigation of reports of suspected child abuse and neglect as required under the Child Abuse Reporting Act, Minn. Stat. ยง 626.556 (2004) (CARA). Appellant Matthew Radke (appellant), as trustee for the next of kin of his son Makaio Lynn Radke (Makaio), brought a wrongful death action against Freeborn County and two county child protection workers alleging that they negligently investigated reports of suspected abuse of Makaio. The district court granted respondents' motion to dismiss for failure to state a claim upon which relief can be granted under Minn. R. Civ. P. 12.02(e). The court of appeals affirmed, holding that the "legislature did not expressly or impliedly create a civil cause of action under the Child Abuse Reporting Act." Radke v. County of Freeborn, 676 N.W.2d 295, 301 (Minn. App. 2004). We hold that a cause of action can be maintained for negligence in the investigation and intervention of child abuse and neglect reports as required under CARA. We therefore reverse and remand.
Nineteen-month-old Makaio was beaten to death on April 21, 2001 by Paul Gutierrez, a friend of his mother's. During the months preceding Makaio's tragic death, he was the subject of a child abuse and neglect investigation by the Freeborn County Department of Human Services. At the time of his death, Makaio's parents had separated and were in the process of dissolving their marriage. In January 2001, appellant had moved out of the family's home and Makaio was living with his mother, Peggy Radke (Radke), and two other adults, Gutierrez and Kristina Baker. Upon learning that Gutierrez was living at the home, appellant become concerned and called the Albert Lea Police Department to make a complaint on January 20, 2001.
On February 28, 2001, appellant brought Makaio to the Albert Lea Medical Center where a doctor examined Makaio. Based on his examination of Makaio, which revealed that Makaio had lesions behind his ears and bruises on his cheeks, the doctor reported suspected child abuse and neglect to the Freeborn County Human Services Department. In response to that report, Tammy Ressler, a Freeborn County child protection worker, visited Radke's residence on March 2, 2001. Radke told Ressler that Makaio's injuries were caused by a fall. Ressler did no further investigation and took no protective action on behalf of Makaio.
On March 21, 2001, appellant brought Makaio to the Albert Lea Police Department after he discovered bruising on Makaio's testicles. The police reported the suspected abuse to the county the next day. After the police took photographs, appellant again took Makaio to the Albert Lea Medical Center. The doctor who examined Makaio at the medical center noted Makaio's injuries which included abrasions on his head, a bruise on his jaw and his back, and wounds on his thigh and foot which resembled burns. Based on this examination of Makaio, the doctor also reported suspected abuse to the county.
In response to these reports, Ressler again visited Makaio at Radke's home on March 26, 2001. Radke told Ressler that the mark on Makaio's foot was caused by "hand-foot-and-mouth disease." Ressler apparently accepted this explanation, despite the fact that the doctor who examined Makaio diagnosed his injuries as resembling a burn. Although Ressler observed Gutierrez present in the home and talked to him briefly, she did not question him about Makaio. No further investigation was conducted at that time, nor was any protective action undertaken.
Shortly thereafter, on April 10, 2001, appellant received a letter from Ressler advising him that the Freeborn
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