Rapp v. State

In Rapp v. State (1998), 51 Ill. Ct. Cl. 72, the child was not in the custody of DCFS. The child was in the custody of his mother by order of the circuit court. The child died. The Court found that: "In the present case, it is undisputed that at the time of decedent's death, the Department of Children and Family Services did not have custody or guardianship of the decedent. The child's mother, pursuant to the Court's orders, had custodial duties with specific responsibilities as ordered by the Court. Therefore, no duty to Claimants' decedent can be placed on DCFS predicated on guardianship or custody status. Claimants argue that Respondent had a duty to investigate child abuse and make its report to the Court. Claimants argue the breach of duty was when the investigator failed to request the guardianship and custody status at the Court hearing. The uncontradicted facts before this Court are that the investigator investigated and made a report. He further testified at the Court hearing to everything that was in his report. There are no allegations of malice on the part of the investigator. (Lehman v. State (1991), 44 Ill. Ct. Cl. 178.) The circuit court judge entered the order continuing the case under supervision and it was the child's mother's actions or inactions that led to the death of her child." Rapp, 51 Ill. Ct. Cl. at 81.