Barbara Cowart, administrator of the estate of a one-year-old child, sued the Georgia Department of Human Services after alleging that officials failed to respond to warnings that the child was in danger from neglect and drug use. DHS moved to dismiss on sovereign-immunity grounds, invoking the exception for losses resulting from assault and battery. The trial court dismissed Cowart’s claims, but the Court of Appeals affirmed in part and reversed in part. The appellate court held that the allegations of negligence and wrongful death could not be dismissed on the existing record merely because the complaint also described the child’s alleged mistreatment. The trial court had not made the factual findings needed to resolve the jurisdictional immunity question, and the amended allegations required analysis under the statutory waiver rather than automatic application of the assault-and-battery exception. The court left the dismissal of the claims not challenged on appeal intact and remanded the remaining claims for further proceedings. Two judges concurred.