R.S. v. Department of Children & Families
R.S. v. Department of Children & Families
Opinion of the Court
This appeal arose from an action brought by adoptive parents, H.W. Sr. and M.W., as parents, guardians and next friends of K.W., a minor. R.S. and R.W.S joined in the action as parents, guardians, and next friends of M.S., a minor
After careful consideration of the pleadings and the record, we reverse the summary judgment in regard to count 1 of the complaint. We do so because the alleged facts in that count, although not adeptly pled, suggest the existence of a viable cause of action as to which there are disputed issues of fact. Therefore, the entry of summary judgment as to count 1 appears premature at this point. On remand, the appellants should amend and clarify the allegations of count 1. In addition, we reverse summary judgment on count 2 to the extent it relied on sovereign immunity. We affirm summary judgment on counts 3 through 5 as we find these counts to be without merit or simply repetitious of the allegations set forth in count one of the complaint. Finally, we reverse
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
. A.W., K.W.’s brother, was also adopted by H.W. Sr. and M.W. and allegedly sexually abused both K.W. and M.S.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.