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Case Citations [1] (Spring 2025)

handle is hein.ali/reschdw0012 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations CHILDREN AND THE LAW (DRAFTS) PART I. CHILDREN IN FAMILIES CHAPTER 2. STATE INTERVENTION FOR ABUSE AND NEGLECT TOPIC 2. GROUNDS TITLE A. ABUSE § 2.22 Psychological Abuse Neb.2024. Com. (a) quot. in diss. op. (quoting § 2.22, Comment a of T.D. No. 3, 2021). Former foster children sued state and state department of health and human services under the State Tort Claims Act, alleging that defendants negligently recommended and supervised their placement with a foster parent and later their biological father, who both physically and sexually abused them. After a bench trial, the trial court entered judgment for defendants on sovereign immunity grounds, finding that plaintiffs' claims fell within the Act's exemption for any claim arising out of assault or battery. This court affirmed. The dissent cited Restatement of Children and the Law § 2.22, which explained that causing a child to witness harm was recognized as psychological child abuse, in arguing that acts of abuse not enumerated in the intentional-tort exception to the Act's waiver of sovereign immunity, such as psychological abuse, were a separate and distinct basis of liability. Joshua M. v. State, 5 N.W.3d 454, 487. PART III. CHILDREN IN THE JUSTICE SYSTEM CHAPTER 13. JUVENILES IN THE CRIMINAL JUSTICE SYSTEM TOPIC 1. TRANSFER TO CRIMINAL COURT § 13.10 Transfer to Criminal Court; Determinative Factors and Requirement of Particularized Findings COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.