The Iowa Supreme Court has upheld a lower court ruling that gives immunity to state workers who were key in having a child removed from a woman’s home. Vania Minor sued two Department of Human Services social workers investigated claims that Minor’s child was not getting proper care.
The investigation led to the child’s removal from her Linn County home in May of 2005 and she was put in a foster home. Minor then raised concerns that the child was not getting proper care from the foster family. After reviewing the situation, the action to remove the child was dismissed, and she was returned to Minor in July.
Minor sued alleging her civil rights were violated by the removal of the child. The district court dismissed the suit, saying social workers have immunity when conducting some duties. The Iowa Supreme Court agreed that the action of the social workers fell under the immunity granted them and upheld the dismissal of the lawsuit.
See the complete ruling here: DHS immunity ruling PDF