S.C.
S.C. v. County of Fresno CA5
Opinion
Opinion
Smith, J.
INTRODUCTION
S.C. filed a lawsuit against Fresno County, alleging that he was sexually abused by a night shift parent while placed in a group foster home as a minor. He claimed the county and its employees were negligent in his placement and supervision and failed to take corrective action or investigate the abuse despite having actual or constructive notice that it was occurring. The trial court sustained the county’s demurrer and dismissed S.C.’s first amended complaint as to the first, third, and fifth causes of action without leave to amend, finding the county immune from liability for its employees’ discretionary actions. (See Gov. Code,1 §§ 815.2, subd. (b), 820.2.) For the reasons discussed below, we affirm.
FACTUAL AND PROCEDURAL HISTORY
The First Amended Complaint In approximately 2006, Fresno County (the county) placed S.C. in the KTDA Group Home in Fresno, a licensed foster care facility (the facility). S.C. was 15 or 16 years old at the time. In the span of one month, S.C. was sexually abused approximately 25 to 30 times by Terry McCoy, a night shift parent at the house. In 2020, McCoy was arrested for sexually abusing a minor. The first amended complaint alleges…