"Failure to Train" lawsuits against Departments of Human Services.

Date

2013-11

Authors

Pollack, Daniel
Getto, Cameron R.

Journal Title

Journal ISSN

Volume Title

Publisher

American Bar Association

Abstract

Of the legal theories pursued against state departments of human services and their child welfare agencies,1 “failure to train” theories are often pled but rarely prevail. The theory is often raised in boilerplate negligence-based allegations borrowed from analogous state law actions.

Description

Scholarly article

Keywords

Failure to train, child advocacy, negligence, 42 U.S.C.S. §1983, pleading requirements, Child Protective Services (CPS), proving causation, proving state action, FOIA Freedom of Information Act, training materials

Citation

Getto, Cameron R. and Pollack, Daniel. (November 2013). "Failure to Train" lawsuits against Departments of Human Services. Child Law Practice Toda, 32(11): 1, 166-167.