Social Services and Human Services organizations are faced with many challenges as they minister and provide support to some of the most vulnerable segments of our society. Their obligations in responding to community needs can create unique risks leaving them susceptible to liabilities. Understanding the needs of our social services and human services-based clients requires a strong legal team experienced in handling the complex legal issues facing such organizations and devoted to protecting and furthering each organization's mission.
Marshall Dennehey's Social Services and Human Services Liability Practice members have defended numerous mental health institutions and other social and human services organizations in hundreds of matters. Our attorneys routinely handle claims ranging from alleged abuse and neglect of special needs children, to complex, high-exposure wrongful death litigation.
Among our many clients, we represent special needs and learning-disabled schools, summer camps, mental health institutions, adult day care centers, group homes, community social services agencies, shelters, non-profit organizations, and youth clubs. We count among these clients Elwyn, one of the nation's largest human services organizations serving disabled and disadvantaged individuals.
This hybrid area of law incorporates multiple liability exposures including General Liability, Amusement Sports & Recreation, School Leaders, Professional Liability and Liquor Liability. Our attorneys have decades of experience handling matters involving:
- Pennsylvania Youth Services Act
- Elopement and Wandering Services
- New York Mental Hygiene Law
- Mental Health Retardation Act
- Social Services Protocols and State Ratios
- Child Abuse/Emotional Abuse
- Sexual Abuse
- Child Molestation
- Sepsis
- Mental Health Procedures Act
- Rape Cases
- Foster Programs
- In Loco Parentis
Results
Appeal Successful Before the Pennsylvania Department of Human Services
We were successful on appeal of a child abuse determination levied against an Aveanna home health nurse. The three-day hearing was litigated before the PA Department of Human Services. As a result of the court’s order, the nurse’s record of child abuse is being expunged. The matter arose out of the alleged attack of a child-patient by a family dog during home nursing care. It was asserted that the nurse failed to properly supervise and protect the child, and failed to properly respond to the incident when it occurred. We established a lack of definitive proof that the nurse negligently left the child unsupervised. We also called into question the circumstances surrounding the alleged attack, including whether the dog had a known history of aggression, which led to credibility issues on the part of the family member witnesses. Medical experts also testified on the appellant’s behalf to address possible alternate explanations for the child’s injuries. Ultimately, we established that the prosecution failed to meet its burden of proof, highlighting multiple errors and inconsistencies relating to the investigation as well as the reporting processes. This is a significant outcome in a difficult jurisdiction with many problematic underlying facts (which led to the decision to not call the nurse to testify in her defense).
Volatile Sexual Assault Case Successfully Moved Out of Philadelphia
We successfully obtained an order to move a sexual assault case to Chester County, Pennsylvania. At first, the venue appeared prima fascia good for Philadelphia until our attorneys more closely investigated and found the one defendant holding the case in the city was never served and could not be found.
