An upstate foster care organization owed a duty of care to a young, biological child who was sexually assaulted by a teenager the child’s parents had adopted, after it failed to give the parents the “full history” of the foster child’s sexually inappropriate behavior and animal abuse, a state appeals court has ruled.

In a decision that looks to an important 2015 Court of Appeals ruling on duty of care in a negligence case, and that says the facts before it leading to a duty of care are stronger than in the high court’s case, an Appellate Division, Fourth Department panel has ruled that negligence causes of action lodged by the adoptive parents against the foster care organization and Oneida County, which had responsibility for the foster child, will go forward.

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