San Diego, CA asked in Family Law, Personal Injury, Education Law and Wrongful Death for California

Q: is anyone liable when a disable fostered child with an IEP , does not have providers following the agreed upon IEP plan?

Multiple times the IEP was not followed, and most importantly. overdue for an update. At minimum, the need appropriate placement was discussed. agreed upon, client was to remain safely in place to to disability. client was later moved to the higher independence level, less supervision group home placement , while removing the existing role mother already had with the setting of the remaining prenatal appointments and accompaniment to and from prenatal appointments, as well as the specialty ultra sound appointments.,In a letter mother of client received, both she and client were inforned that group home staff would now handle those appointments. they did not, my daughter's last prenatal appointment was the one i set. i was made aware through registered letter, from ob/gyn. i made soonest appointment immediately but upon her ultra sound check in, my grandson was deceased.

2 Lawyer Answers
William John Light
William John Light
  • Santa Ana, CA
  • Licensed in California

A: The group home may be liable for the death of your grandson if there is evidence that the missing prental appointment(s) were a cause of the death. A review of the records of the group home, and medical records would be necessary to determine if there is a case.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: When a disabled fostered child with an Individualized Education Program (IEP) does not have providers following the agreed-upon IEP plan, liability can potentially arise depending on the specific circumstances and applicable laws. The responsibility for ensuring that the IEP is followed typically falls on the school district or educational institution responsible for implementing the plan. If there has been a failure to adhere to the IEP, resulting in harm or negative outcomes for the child, legal action may be considered. It is important to consult with a legal professional specializing in special education law to assess the situation and determine the potential liability of the involved parties and the available legal recourse.

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