Caseworker’s Placement Recommendation Was the ‘Catalyst That Led to the Children’s Harm’ and Could Be Basis for Liability, Sixth Circuit Says

The U.S. Court of Appeals for the Sixth Circuit has reinstated substantive due process claims against an individual child protective services caseworker in Ohio, finding she could be held liable for allegedly recommending the placement of children into a home with known prior abuse allegations.

The plaintiffs, identified by their initials T.H. and R.S., through their mother, filed a complaint in the U.S. District Court for the Northern District of Ohio against several entities and individuals connected to the case, including four Lucas County Children Services (LCCS) employees. The plaintiffs allege that T.H. and R.S. were removed from their home and, upon the recommendation of caseworker Rebecca Von Sacken, placed with a family in Toledo, Ohio, where they endured ongoing physical, sexual and emotional abuse, according to the court’s opinion filed Dec. 16.