Day on Torts
As a Tennessee injury lawyer I receive calls from time to time from parents of children who have been injured by a foster parent. Indeed, several years ago our firm represented a parent of a pregnant teenager who was killed as a result of careless driving by her foster parent.
Can a person injured by the negligence of a foster parent sue the foster parent? Can the parents of a foster child sue the foster parent if the foster parent negligently causes the death of the foster child? In Tennessee, the answer is "no."
Under Tennessee law, a foster parent is deemed to be a state employee and is immune from a lawsuit for injuries or death caused by the negligence of the foster parent. Here is the provision from the Tennessee Code that defines "state employee" to include foster parents: