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Youngblood v. Gwinnett Rockdale Newton Community Service Bd.

O.C.G.A. § 37-2-11.1 c 1, which grants immunity to community service boards to the same extent as a county, is unconstitutional because it alters the state's immunity outside of the Georgia Tort Claims Act

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In 1995, appellant Margie Youngblood placed her daughter Patricia, who is mentally disabled and unable to care for herself, in a residential home sponsored by appellee, the Gwinnett Rockdale Newton Community Service Board GRNCSB, a public agency created to govern publicly funded programs for the purpose of providing disability services not provided by other public or private providers. See OCGA § 37-2-6 a. The GRNCSB contracted with Barbara and Charles Vaughn to care for Patricia. In March 1996, GRNCSB employees at Patricia’s place of employment noticed she had been injured. Investigation revealed she had been beaten by the Vaughns and she was removed from their home. The Vaughns were subsequently convicted of battery and simple battery.

Margie Youngblood, as guardian of the property of Patricia Youngblood, brought this action against the GRNCSB alleging breach of contract and negligence.1 The GRNCSB filed a motion for summary judgment which the trial court granted, finding that the GRNCSB is protected by the doctrine of sovereign immunity pursuant to OCGA § 37-2-11.1 c 1 and there was no enforceable written contract between Patricia Youngblood and the GRNCSB. Youngblood appeals and for the reasons that follow, we affirm in part and reverse in part.

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