Gammie

We must decide whether state child services workers involved in ongoing state court dependency proceedings enjoy absolute immunity for the placement of a child in a foster home.

I

This case arises out of the sexual assault of Joe Roe, a minor, by Earl Doe, also a minor. At the time of the assault Earl was a ward of the State of Nevada placed in the foster home of Joe’s parents, John and Jane Roe. 1 This suit is maintained on behalf of Earl by Tonnie Savage, his guardian ad litem.

*984 A

In late December, 1996, the Nevada Division of Child and Family Services (DCFS) removed Earl, age 12, and his older brother from their home for their protection and placed them in an emergency foster care facility. 3 Nancy Gammie, a DCFS social worker, was responsible for Earl’s case as well as those of his brother and sister. Fran Zito, a DCFS social therapist,. provided therapy to Earl. Soon after removing Earl and his brother from their home, DCFS petitioned the Nevada Juvenile Court to declare Earl a ward of the State and to grant DCFS custody. The juvenile court approved the removal and placed Earl into the custody of DCFS.

At some point in January, 1997, both Earl and his brother were…