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Tuesday, September 18, 2018

Regulations Needed on Therapeutic Foster Homes

Tort judgments concerning duty and liability, typically compensatory and tied to the facts of the particular case, provide a weak and inefficient regulatory mechanism. But individual actions do provide an opportunity to inform regulators by surveying the experience of others in comparable cases. Through precedent, broader rules may evolve. Thus the Appellate Division in the recently published Broach-Butts v. Therapeutic Alternatives, LLC surveyed the gradual extension of duty rules by New Jersey courts. Reversing a grant of summary judgment, the court declared that a private social welfare agency has a duty to prospective therapeutic foster care families to fully inform them of the problems a youth may present.

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