(The Center Square) – A group of former foster children in Washington who sued the state for failing to protect them from abuse in foster care won a landmark case before the Washington Supreme Court on Thursday that could have far reaching consequences for hundreds of pending cases against the state.
The group of plaintiffs brought negligence suits against the state for failing to protect them from abuse in foster care and sought child welfare records to support their claims.
According to documents from Thursday’s SCOW ruling, plaintiffs alleged that the state failed to carry out its duty.
“As a result, each of them was sexually or physically abused. The plaintiffs have filed lawsuits against the state,” according to court documents.
“In each lawsuit, the plaintiffs seek discovery from the state that not only includes their case files but also other documents relevant to proving that the state breached the duty it owed to each of them,” noted the court documents.
Chris Love, attorney for one of the plaintiffs in the case, told The Center Square in a Thursday interview DCYF in the past complied with discovery requests so long as protective orders limiting their use were in place.
He said the agency more recently took the position that the documents are protected by a statutory privilege and refused to turn them over.
Love explained when you’re trying to find out if there’s a pattern of abuse, or the state failed vulnerable individuals in its care, you need access to records.
“It was some of the worst abuse. Just absolute horrific conditions, and unfortunately an all-too-common textbook example of a house of horrors,” said Love, referring to what his client endured.
“You had a bad set of foster parents, who unfortunately give a bad name to the many good intentioned people out there who open their homes, to children that need a stable environment,” he added.
“That’s just not what you had here. You had a bad actor, where there were all sorts of red flags about this home, before my client was ever placed there by the state.”
In its ruling, Washington’s high court noted that trial courts ruled in the plaintiffs’ favor, in that the state should produce the records.
“We hold that the types of documents plaintiffs are seeking here are privileged under RCW 74.04.060(1)(a). However, we further hold that RCW 74.04.060(1)’s statutory exception applies in these cases, allowing the plaintiffs to obtain the requested discovery….”
“Accordingly, we affirm the trial courts’ orders compelling the State to comply with the plaintiffs’ discovery requests.”
Love told The Center Square today’s ruling opens the door for dozens of their cases and hundreds of other cases to move forward, as the state is now required to provide records they have refused to turn over until now.
“This is fundamental to survivors. What they really want at the end of the day is to get to the truth of what happened, and why did this happen?” he said.
“Was there a way that it might have been prevented, and most importantly, for every survivor, is there something that could be done better to make sure that this never happens to another kid?”
“The ruling today means that it’s not just a half-truth that gets revealed in these lawsuits. It’s not just a portion of the records. It’s the full story of what happened to them in these homes or these facilities,” he added.
“The jury gets to hear the full truth and nothing but the truth. At the end of the day, I think that’s something that everyone can celebrate,” Love said.
The Center Square reached out to DCYF for comment on the ruling, and received a short email response indicating there would be no comment on active litigation.
