Group Discussion Topics & Sample Questions
1. Do you think the State had a duty to protect the minor child after he was placed with the relative?
2. Do you think that the caseworker properly investigated the allegation of abuse in the relative’s home?
3. Should Ms. Williams have been interviewed prior to placement of child?
4. Should Carlyle’s older brother have been interviewed?
5. Do you think the Plaintiff proved the four elements of negligence under T.C.A. 9-8-307(c)?
6. Who do you think had custody of Carlyle at the time of his death?
7. Assuming that the actions of DCS were unsatisfactory; do you believe they were the proximate cause of Carlyle’s death?
8. Should DCS have a duty to supervise temporary placements?
9. Does the mother hold any responsibility in Carlyle’s death?
10. What are your thoughts about TCA Code 20-13-102(a) (2009) – “[n]o court in the state shall have any power, jurisdiction or authority to entertain any suit against the state, or against any officer of the state acting by authority of the state, with a view to reach the state, its treasury, funds or property, and all such suits shall be dismissed as to the state.”
11. Do you think that the evidence preponderated against the factual findings of the Claims Commission and the Plaintiff overcame the presumption of correctness?