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my daughter was put into a state group home, at the same time

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as a transgender (boy) who...
my daughter was put into a state group home, at the same time as a transgender (boy) who was being a girl with its male package my daughter was put into the same room as this transgender child the state NEW the the transgender had already knew the this child had already had previous encounters in other group homes do i have a case against the state
Submitted: 7 years ago.Category: Legal
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Answered in 1 minute by:
8/1/2010
Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
Dimitry K., Esq.
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Satisfied Customers: 41,221
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Thank you for your post.

A case against what, exactly? Did the child assault your daughter? What happened?
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Customer reply replied 7 years ago
there was a fist fight as well as the transgender child was showing off its equipment
Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
How old is your daughter? What state is this located in? Are the homes split by gender?
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Customer reply replied 7 years ago
at the time of the incedent she was 15 she is now 16 State of Nevada this was an all girls home
Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
Oh I see. Hmm, did the "boy" consider or was he classified as a "girl", do you by any chance know?
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Customer reply replied 7 years ago
i dont know forsure if it had been classified but the judge was considering it a she but before this gorup home there had been other issues with this child and sexually base issues boy to girl type
Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
Thank you for your patience.

If the judge deemed the child to be a "she", there is no cause of action here, at least not directly. Since the boy via legal fiction is deemed to be a girl, the girl's home would actually be sued if they would deny that child access to their amenities, meaning that they had to accept "her" under the circumstances.

At the same time they had to keep your daughter safe as well. If your daughter was physically assaulted or hurt, then there may still be deemed a legal cause of action against the home, but only if it can be proven that the injury took place because of the home's negligence.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 4:17 AM EST
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Customer reply replied 7 years ago
when the judge heard what happened at the group home, he at that time released my daughter from her probation and considered her case at that time closed
Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
Thank you for your follow-up.

That is great--that means that judge felt that the home was culpable and responsible for the attack. That, however, is not based on the other child being a boy or a girl, but simply based on the attack itself (as I defined above in the second paragraph above).

Under those conditions possibly proving liability on part of the group home is quite possible, and something that you should consider. I do suggest that you seek a civil litigation attorney and consider legal action, but you must prove actual injury of some kind to actually prevail.

Good luck.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 4:26 AM EST
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