A recent Minnesota Appellate Court decision found that Pope County has no civil or criminal liability for the 2014 death of Eric Dean.
Eric was reported 15 times to child protection without meaningful action before his stepmother murdered him. His death became the rallying point for Minnesota child welfare reforms.
The court decided that common law — which gives counties broad immunity from liability — supersedes the state law requiring child protection staff to exercise “due care”.
But as we stated to the Star Tribune, “…if this case doesn’t rise to the level of malfeasance, no case ever will.”
The corresponding federal legislation severely limits lawsuits around child protection issues, which is why legal advocacy has been confined mainly to foster care.
Laws must change to make states and counties more accountable.
Next week, who should be held accountable for malfeasance?