Candace Mullins v. State of Tennessee

Candace Mullins v. State of Tennessee
M2008-01674-COA-R3-CV

This is a claim filed against the State by a minor-decedent’s mother for the wrongful death of her child based on T.C.A. § 9-8-307(a)(1)(E) (Negligent Care, Custody and Control of Person). The child was murdered while in the care of a relative after he had been removed from the mother’s home by the Tennessee Department of Children’s Services. The mother contended that if the caseworker assigned to her son’s case had properly investigated an earlier allegation of abuse at the home in which the child had been placed, the child would have been removed from the placement before the murder occurred. The Claims Commission held that it did not have the subject matter jurisdiction to hear the mother’s claims under T.C.A. § 9-8-307(a)(1)(E) because the child was not in the care, custody, or control of the State at the time of the alleged negligence. The mother appeals. We affirm the judgment as modified.

Authoring Judge: 
Judge John W. McClarty
Originating Judge: 
Stephanie R. Reevers, Tennessee Claims Commission
Date Filed: 
Friday, May 15, 2009