Robb, C.J.
Case Summary and Issues
D.L., Glen Black, Ann Black, Steven Lucas, and K.L. (collectively, the “Family”) appeal the trial court’s dismissal of seven out of eight counts of their complaint against the Tippecanoe County Department of Child Services and five of its employees (collectively, “DCS”). The Family raises two restated issues on appeal: 1) whether DCS was entitled to quasi-judicial immunity as granted by the trial court; and 2) whether Glen, Ann, and Steven had standing to assert claims against DCS. Concluding that DCS was not entitled to quasi-judicial immunity, but is entitled to statutory immunity as to all but one of the seven dismissed claims, and that Glen and Ann had standing to bring suit but Steven did not, we remand.
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However, while the trial court dismissed the seven counts based on quasi-judicial immunity, DCS in its motion to dismiss outlined other immunities that it believed were applicable. Because we may affirm on any ground, we will address DCS’s claim of statutory immunity under Indiana Code section 31-25-2-2.5. City of South Bend v. Century Indem. Co., 821 N.E.2d 5, 9 (Ind. Ct. App. 2005) (“We may sustain the trial court’s ruling if we can affirm on any basis found in the record.”), trans. denied. The statute provides, regarding the Department of Child Services, that “[t]he following are not personally liable, except to the state, for an official act done or omitted in connection with performance of duties under this title: (1) The director of the department. (2) Other officers and employees of the department.” Ind. Code § 31-25-2-2.5. There is no published case law interpreting this statute, but in interpreting a statute our goal is to give effect to the intent of the legislature, and in doing so we are guided by the principle that the best evidence of the legislature’s intent is the language of the statute itself. Robinson v. Gazvoda, 783 N.E.2d 1245, 1250 (Ind. Ct. App. 2003), trans. denied.
This statute grants an immunity that is broader than that of quasi-judicial immunity, in that it specifically encompasses both actions and omissions, and does not apply only to actions taken in conjunction with a court. While the doctrine of quasi-judicial immunity is limited and does not apply to the facts at hand, the statute granting immunity does appear to apply to most of the actions that underlie the Family’s claims. Most of the Family’s claims are for harms that occurred as the result of actions or omissions that could reasonably be seen to be within the duties of the Department of Child Services employees. The fraud claim, however, is based on alleged acts that would not be within the duties of the Department, and therefore would not be protected by immunity. Further, although the statute applies only to employees of the Department of Child Services and not the organization itself, the only way to reach the organization is through the doctrine of respondeat superior; thus once the employees here are given immunity, DCS as a whole effectively has immunity for those actions and omissions. [Footnote omitted.] We are constrained by the plain language of the statute to hold that DCS is entitled to statutory immunity for all of the dismissed claims with the exception of the claim for fraud, which will be allowed to move forward.
IV. Standing
The second issue on appeal stems from the trial court’s determination that Ann, Glen, and Steven did not have standing to raise any of the claims that were dismissed….
We are unable to find, and the parties do not point to, Indiana cases on point that provide guidance as to the liberty interests that may reside with the extended family members in this case. Nonetheless, the Family makes a convincing argument for finding a liberty interest in the Blacks. Indiana law itself recognizes the importance of blood relationships, and requires child services to consider suitable blood relatives for placement of the child before looking to other out-of-home placements. Ind. Code § 31-34-15-4(3). In Smith, the United States Supreme Court noted that the importance of family relationships stems from maintaining emotional attachments, promoting a way of life to children, and preserving blood ties. Id. at 844. Recognizing that strong bonds can form in the absence of blood relationships, the Court was unable to dismiss a typical foster family as “a mere collection of unrelated individuals,” and noted that in the right circumstances, a foster family may “hold the same place in the emotional life of the foster child, and fulfill the same socializing functions, as a natural family.” Id.
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Under the facts of the case before us, we determine that the Blacks had a liberty interest in their relationship with K.L., such that they had standing to bring suit. The argument that Steven has a liberty interest in his relationship with K.L. is much more tenuous however. The Family largely argues that Steven is “more than ‘just a grandfather’” because of the Indiana law calling for child services to consider suitable blood relatives, including grandparents, before considering out of home placements. Appellant’s Br. at 22-23; Ind. Code § 31-34-15-4(3). The Family points to, and independent research has revealed no, cases that support the proposition that grandparents, without a custodial relationship, have a liberty interest in the relationship with their grandchildren. While blood ties may be an important consideration, they are not, standing alone, sufficient to confer a protectable liberty interest. Much of the law surrounding grandparents’ rights with regards to their grandchildren is related to the grandparent visitation statute in Indiana, which is in derogation of the common law. In re Visitation of J.P.H., 709 N.E.2d 44, 46-47 (Ind. Ct. App. 1999). If at common law grandparents have no right to seek visitation with a grandchild, it follows that they do not have a liberty interest in maintaining a relationship with that child, at least absent a custodial relationship as in the cases noted above. The trial court correctly determined that Steven did not have standing to bring suit.
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Remanded.
BRADFORD, J., and PYLE, J., concur.