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NEWS RELEASE # 86 SUPREME COURT OF LOUISIANA Opinions handed down on the 4th day of December, 2002

BY KNOLL, J.: 2002-C- 0831 SS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE MINORS, LMW, BAW AND CLW v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF SOCIAL SERVICES AND EDUCATIONAL AND TREATMENT COUNCIL, INC. (Parish of Calcasieu) For the foregoing reasons, we reverse the judgment of the Court of Appeal, Third Circuit, that found SS's action against DSS and ETC prescribed. We reinstate the judgment of the trial court which denied the peremptory exceptions of prescription of DSS and ETC, and remand this matter to the Court of Appeal, Third Circuit, to address the remaining issues DSS and ETC raised in their respective appeals. REVERSED AND REMANDED.

12/4/02 SUPREME COURT OF LOUISIANA Number 02-C-0831

SS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE MINORS, LMW, BAW, AND CLW Versus STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF SOCIAL SERVICES AND EDUCATIONAL AND TREATMENT COUNCIL, INC. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT PARISH OF CALCASIEU KNOLL, Justice This case involves the question of the proper application of liberative prescription as it relates to alleged tortious conduct that affects a minor during the time she was adjudicated a child in need of care and that occurred while she was in the custody of the State. Finding prescription suspended under L A C IV. C ODE A NN. art. 3469 and L A. R EV. S TAT. A NN.

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