Fostering and Slander

[E Busse]

Jurisdiction

Missouri

Hi,

I appreciate any advice on this. I'm a foster parent and took custody of a teen age girl about a month ago. During that time she has said something slanderous about one of her teachers, something that has since been disproven. I won't go into a lot of detail, but said girl spread this to several of her friends before it was concisely proven to be a fabrication. Put simply can she be sued as a minor, and if so am I liable as her foster parent, or does this fall on the state? I had no control over her actions and I feel that things are going to get worse as a consequence.

Thank you

 

[Tax Counsel]

Put simply can she be sued as a minor, and if so am I liable as her foster parent, or does this fall on the state?

She could be sued, but whether the teacher would win is another matter. It's also not clear that the teacher suffered any actual injury to his/her reputation, and that will affect what the teacher would win in a defamation case. In general you would not also be liable for her slander unless it could be proven that you were somehow negligent in failing to stop her from doing it. Defamation cases can be costly and the outcome is hard to predict. The teacher is not likely to sue for this if this was just a rumor said to a couple of teen friends. It likely would end up costing the teacher more to do it than whatever the teacher might win.

 

[zddoodah]

Put simply can she be sued as a minor

Yes, but such a lawsuit would likely be a waste of time and money.

and if so am I liable as her foster parent

No. See Missouri Rev. Stats. section 537.045 (parents and legal guardians have limited liability for torts committed by children, but foster parents are expressly exempted).

That said, even unmeritorious lawsuits can be expensive to defend. I'd suggest you confer with an insurance agent to ensure you have coverage in place that will provide coverage and defense against any lawsuits that might be filed against you as a result of this or any other foster child.

or does this fall on the state?

No.

P.S. A LOT of folks do not understand what slander actually is, and slander is typically not actionable unless it results in actual monetary harm.