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Spruill v. Georgia Dep't of Human Servs.

A DFACS caseworker's allegedly negligent investigation of reported neglect and malnourishment of 1-year-old twins, including his failure to undress the children to properly assess their condition, did not constitute a discretionary function for which the state is protected from liability by sovereign immunity.

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Denise Spruill and Lisa Scroggins, as the permanent legal guardians of minor twins A.M. and A.M., filed a lawsuit against the Georgia Department of Human Services and the Georgia Department of Human Resources collectively, “the department”, claiming negligent investigation of a report that the twins were suffering from neglect and malnourishment. The department moved to dismiss the complaint on the basis of sovereign immunity. The trial court granted the motion and dismissed the complaint, finding that the state’s waiver of sovereign immunity under the Georgia Tort Claims Act, OCGA § 50-21-20 et seq., did not apply based on the discretionary function exception to such waiver. Spruill and Scroggins appeal. Because the allegedly negligent investigation did not constitute a discretionary function as that term is defined in the Act, the department is not protected by sovereign immunity and we therefore reverse.

“We review de novo a trial court’s ruling on a motion to dismiss based on sovereign immunity grounds, which is a matter of law. Factual findings are sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” Citations and punctuation omitted. Georgia Dept. of Transp. v. Smith, 314 Ga. App. 412, 413 1 724 SE2d 430 2012.

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