Social Worker Immune from Liability for Conducting Deficient Investigation Before Returning Child to Parent

in Ortega v. Sacramento County Department of Health and Human Services , filed today, the Third District Court of Appeal ruled that a social worker was immune from liability for returning an 11-year-old girl to her father, who had a drug problem.  Four days after custody was returned, the father stabbed the child.  The court concluded that even though, in its opinion, the social worker's investigation was "lousy," the worker was immune under Government Code section 820.2 for her discretionary decision to return the child.  The worker's only mandatory duties were to investigate before returning the child -- and the worker did so.