Court revives child death case involving DCS - WHNT
KNOXVILLE, Tenn. (AP) — The parents of a 6-month-old Johnson City boy who died while being monitored by state social workers are getting another shot at making a wrongful death claim against the state of Tennessee.
The Tennessee Court of Appeals said this week there is a real question about whether the state Department of Children's Services could have foreseen the 2004 death of the child.
The infant, Demetrius Tyler, drowned the day after his DCS-approved caregiver was arrested for leaving him and two other children unattended.
It's not clear whether the state will appeal the decision.
In court documents, the parents claim they told a DCS social worker that the woman had been arrested but the agency did nothing.
The case now goes back to the Claims Commission.
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