Doe v. South Carolina Department Of Social Services

597 F.3d 163 (2010)

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Nature of the Case

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Facts

D received a report that four-year-old Jane Doe and her eight-year-old brother, Kameron Cox, were victims of sexual abuse. Kameron had been sexually abused by his mother, and Jane had been sexually abused by her mother's boyfriend and her maternal grandfather. Kameron claimed that his mother had sexually abused him, and denied knowledge of anyone sexually abusing Jane. Jane's mother denied abuse but reported that 'Kameron had played with [Jane]'s private, but she told him not to do it anymore.' The children were placed in a group home until September 2000 when they were moved to their first state-approved foster home. On June 18, 2001, Joy Bennett, the children's therapist, reported that Kameron posed a threat to himself and Jane, and she recommended psychiatric hospitalization. The psychiatric records also included a history of sexual experimentation by Kameron and Jane with each other, possible sexual abuse of the children, and possible intergenerational incest. Debby Thompson (D1), an employee of D, was assigned as the Adoption Specialist for the children. Bennett advised D1 that Kameron 'had been a danger to Jane and she should be protected.' Jane also began to exhibit acting-out behaviors of a sexual nature, including overly affectionate behavior towards boys and men, as well as anger and aggressiveness when she was frustrated. Jane was placed in foster care with Bill and Pam Hamerick, and eventually, Kameron was placed in the Hamericks' home as well. Gregory and Michelle Johnson (Ps) completed an application for adoption. Ps were willing to accept a child or children (including a sibling group) with 'mild/treatable' sexual abuse, but not a child who was 'sexually aggressive' towards other children. Ps were advised that D had been unable to substantiate or rule out sexual abuse of either child. Jane and Kameron were placed with Ps for prospective adoption. Ps chose not to proceed with the adoption of Kameron, and he was removed from the home. Kameron was believed to have inappropriately touched Ps' biological son. Jan's adoption was finalized. Kameron admitted to his therapist that he had sexually abused Jane prior to D's removal of them from the birth home. Kameron also claimed to have sexually abused seven foster children while in foster care, both before and after his placement with Ps. Ps were notified that Kameron had claimed to have had an inappropriate sexual relationship with Jane prior to D's taking custody of them, but Jane told her therapist 'that Kameron was lying and that they were still having 'sex' until they moved in with [the Johnsons].' Jane's behavior has significantly deteriorated. She cannot be left alone or trusted, Ps are unable to obtain any help supervising her, and they cannot leave her alone with other children. Jane is physically and sexually aggressive, violent towards Ps and their biological children and abusive to animals. Ps subsequently filed suit on their own behalf, and as parents and guardians of Jane, against D1. They alleged a §1983 violation of Jane's substantive due process rights under the Fourteenth Amendment by placing her in foster care settings with Kameron knowing that Kameron was sexually abusive toward Jane. They alleged that D1 also violated their substantive due process rights by failing to fully disclose the sexual history of Jane and Kameron prior to Jane's adoption. Ps sued D alleging gross negligence. D1 moved for summary judgment based on qualified immunity from suit for the § 1983 claims. D claimed that it was entitled to discretionary immunity. Ds were granted summary judgment. Ps appealed.