Ministerial Versus Discretionary Acts or Omissions in Child Welfare Litigation

Author:Andrea MacIverDaniel Pollack
Position::Andrea MacIver, J.D., DePaul University College of Law. Appellate Judicial Clerk for the Honorable Nathaniel R. Howse, Jr. - Daniel Pollack, M.S.S.A. (M.S.W.), J.D., Professor at the School of Social Work, Yeshiva University in New York City, and a frequent expert witness in cases involving child welfare and developmental disabilities. Contact...
Pages:103-125
SUMMARY

In assessing whether a function is discretionary or ministerial, courts generally conduct a case-by-case determination, weighing such factors as the nature of the official's duties, the extent to which the acts involve policymaking or the exercise of professional expertise and judgement. Each state has its own unique constitution, case law, statutes, regulations, child welfare manuals, and... (see full summary)


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