Willis S. Sheldon, Individually and as Administrator of the Estate of Dezirae Sheldon v. Nicholas Ruggiero, 202 A.3d 241

Background

In Feb 2013 one-year-old Dezirae presented with bilateral leg fractures; DCF investigated and temporarily removed her from mother's care; medical evidence indicated nonaccidental injuries at different times.
DCF substantiated physical abuse and medical neglect against mother in Apr 2013; mother later sought administrative review of the substantiation.
Nicholas Ruggiero, an independent DCF administrative reviewer, interviewed mother in Oct 2013; mother gave inconsistent explanations again, including (among others) blaming her then-boyfriend/stepfather Dennis Duby—a claim that had already appeared in the DCF file from other reporters.
In Dec 2013 Ruggiero upheld the substantiation against mother; DCF returned Dezirae to mother in Feb 2014; weeks later Dezirae suffered fatal skull fractures and Duby was charged and convicted of murder.
Plaintiffs (father/estate) sued Ruggiero alleging (1) breach of mandated-reporter duties (private right of action), (2) common-law negligence informed by the statute, and (3) negligent undertaking for allegedly failing to report or adequately investigate mother’s allegation against Duby. Trial court granted summary judgment for defendant; Supreme Court affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 33 V.S.A. § 4913 (mandated-reporter statute) creates an implied private right of action against an administrative reviewer	§4913 creates a private cause of action (LaShay/Restatement §874A) allowing damages for failure to report suspected abuse	No private right; even if one exists, Ruggiero did not breach the statute here	Court declined to decide the implied-right question; found no statutory breach as matter of law and affirmed judgment for defendant
Whether defendant violated §4913 by failing to report mother’s allegation that Duby caused the leg fractures	Mother’s allegation during administrative review should have been reported because it implicated a new suspect	The allegation merely repeated information already in the DCF file and was diluted by mother’s inconsistent statements and admissions of lying	No reasonable cause to report as a matter of law; no statutory breach
Whether §4913/mandated-reporter status gives rise to a common-law duty of care (negligence) or supplies the standard of care	§4913 creates a special relationship and supplies statutory standard for negligence claims	Even if a common-law duty existed, plaintiffs must prove violation of §4913; defendant did not violate statute	Court affirmed summary judgment because no statutory violation occurred
Whether defendant assumed a duty (negligent undertaking) by consulting with DCF and informally investigating allegations against Duby	Ruggiero undertook an investigation and therefore is liable if he performed it negligently	No evidence he undertook the broad investigative task plaintiffs allege; any private inquiry was uncommunicated and did not increase risk or induce reliance	No undertaking as a matter of law; alternatively, no communicated undertaking or reliance—claim fails

Key Cases Cited

LaShay v. Dep’t of Soc. & Rehab. Servs., 160 Vt. 60, 625 A.2d 224 (Vt. 1993) (source cited for implied private right/Restatement §874A discussion)
Provost v. Fletcher Allen Health Care, Inc., 179 Vt. 545, 890 A.2d 97 (Vt. 2005) (summary-judgment standard)
Bacon v. Lascelles, 165 Vt. 214, 678 A.2d 902 (Vt. 1996) (prima facie negligence from safety-statute violation)
Delmer v. State, 174 Vt. 157, 811 A.2d 1214 (Vt. 2002) (use of Restatement §286 to define when a statute supplies standard of care)
Derosia v. Liberty Mut. Ins., 155 Vt. 178, 583 A.2d 881 (Vt. 1990) (adoption of Restatement §324A negligent-undertaking framework)
Lanford v. Vt. Dep’t of Soc. & Rehab. Servs., 167 Vt. 407, 708 A.2d 919 (Vt. 1998) (distinguishing regulatory inspections from undertakings to render services)