OPINION ISSUED SEPTEMBER 24, 1987

MAXINE FRASER
VS.
DEPARTMENT OF HUMAN SERVICES
(CC-86-261)

JOE HOLLAND CHEVROLET, INC.
VS.
DEPARTMENT OF HUMAN SERVICES
(CC-86-344)

Claimants appeared in person.
Robert D. Pollitt, Assistant Attorney General, for respondent.

PER CURIAM:

Claims CC-86-261 and CC-86-344 were consolidated for hearing. During
the afternoon of
June 26, 1986, a 1986 Chevrolet Nova owned by Joe Holland Chevrolet was
unloaded from a
tractor-trailer at the car lot which is in the vicinity of "E" Street,
South Charleston, West Virginia.
Before this vehicle could be moved to another location on the lot, a
minor, Warren Johnson,
attempted to steal the automobile. In his attempt at theft, the juvenile
backed the automobile
across a public alley, whereupon the vehicle struck and damaged a fence
and garbage cans
owned by Maxine Fraser, who resides at 200 - 9th Street. Claimant Joe
Holland Chevrolet, Inc.
seeks $579.97 for damage to the automobile. Claimant Maxine Fraser weeks
$584.40 for
damage to her property.

The Court, upon its own motion, amended the style of the claim to
reflect the proper party
respondent, The Department of Human Services.

The claimants allege that there is liability on the part of the
respondent because the minor child,
Warren Johnson, was a ward of the State at the time of this accident.
Mr. Terry Ballard, a social
service worker for respondent, confirmed that the juvenile has been
under the agency's custody
since 1982. He stated that the juvenile was actually in the custody of
Braley and Thompson, a
private child care agency under contract with respondent. The juvenile
was assigned to a foster
care home. Braley and Thompson was responsible for him while he was in
that facility.

In order for the Court to make awards in these cases, there must be a
showing of negligence
on the part of the respondent. See: The Party Beer Store vs. Dept. of
Welfare, 14 Ct.Cl. 407
(1983). As the record lacks evidence of any such negligence, the Court
denies the claims.

Claims disallowed.