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Head of Reference Services at a public library in California. would like to know if the library would get into legal trouble if a volunteer or staff member who is working in the children's room touches or picks up a child in a friendly manner. For example, can a children's room staff member pick up or hold the hand of a child who is lost while helping the child to find her or his parent?	Robert Oldfield

Back to List of Legal Questions To: Head of Reference Services at a public library in California From: Robert Oldfield

Question: Head of Reference Services at a public library in California. would like to know if the library would get into legal trouble if a volunteer or staff member who is working in the children's room touches or picks up a child in a friendly manner. For example, can a children's room staff member pick up or hold the hand of a child who is lost while helping the child to find her or his parent?

Encyclopedic Resources: Cal Jur 3d and ALR

1. "Government Tort Liability" (Cal Jur 3d)
2. "Premises liability" (Cal Jur 3d) also see (ALR)
3. "Lewd Conduct with Children" (Cal Jur 3d)

1. Tort Claims Act: Claims and Actions Against Public Entities and Public Employees. Liability of Public Entities and Public Employees(Cal. Gov. Code S. 810 et seq.)
2. Child Abuse and Neglect Reporting Act (Cal. Penal Code S. 11164-11174.3)

1. Board of Education of Long Beach v. Jack M. (1977) 19 C. 3d 691
2. Fisher v. San Pedro Peninsula Hosp.(1989) 214 C. App. 3d 590
3. Daily v. Los Angeles Unified School District (1970) 2 C. 3d 741

1. Sanchez v. United States (1949) 177 F. 2d 452
2. Thigpen v. United States (1985) 800 F. 2d 393

Law Review Articles:

1. Stevens, "Scope of Employment in the Government Motor Vehicle Operator." AF JAG L REV 12 (1966)
2. Silverman, The Ins and Outs of Filing a Claim Under the Federal Tort claims Act. 45 J AIR L. 41

   Back to List of Legal QuestionsLast Updated: October 15, 1998