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Radke v. County of Freeborn4/21/2005
the statute if the person is "acting in good faith and exercising due care." See Minn. Stat. ยง 626.556, subd. 4(b). This language suggests that the subject of the statute had a duty to act.
We recognize that our holding here overrules our decision in Hoppe. Nonetheless, given the vitality of Cracraft and Andrade, the facts of this case have made it clear that it is impossible to harmonize Hoppe with Cracraft and Andrade; therefore Hoppe cannot stand. To decide otherwise would eviscerate the legal principles regarding special duties set forth in Cracraft and Andrade.
Accordingly, we hold that a cause of action can be maintained for negligence in the investigation of child abuse and neglect reports as required under CARA. The court of appeals' decision affirming the dismissal of appellant's complaint is reversed and the case is remanded to the district court for further proceedings in accordance with this opinion.
Reversed and remanded.
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