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.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
