Professional Negligence Law Reporter

Foster Care

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Failure to investigate child abuse complaint

September/October 2020

Doe A, 10, and Doe B, 15, lived in a foster home. For more than a year, they were allegedly raped and abused by their foster father, Roe, who was also allegedly abusing his adopted daughter. Roe later admitted to the abuse and is now serving a criminal sentence for child sex crimes.

Doe A and Doe B sued the state of Washington, alleging failure to investigate a child abuse complaint against Roe before they were placed in his foster home. The plaintiffs asserted that Roe’s previous foster child had complained of abuse after she left the home, which prompted her guardian to contact the child protective services hotline. The state negligently assigned the complaint to its foster care licensing department, the plaintiffs claimed, resulting in an inadequate investigation and a lower level of review, including a joint, not separate, interview of Roe and his wife.

The plaintiffs and the defendant reached a settlement in the amount of $8.5 million.

Citation: Does v. State, No. 16-2-03305-7 (Wash. Super. Ct. Snohomish Cty. Oct. 28, 2019).

Plaintiff counsel: AAJ members Michael Pfau and Vincent Nappo, both of Seattle.

Plaintiff experts: Jon Conte, psychology, Seattle; and Kathleen Faller, social work, Ann Arbor, Mich.

Defense experts: Adrianne da Silva, psychology, and Nancy Zahn, social work, both of Seattle.