Child taken from home over injury in Washington What happened next

Facing accusations from government agencies can be daunting, especially in Washington State, where legal complexities abound. Understanding the law is crucial for addressing these issues effectively. A recent court decision in Desmet v. State (No. 99893-1) illustrates how legal action can be taken against negligent investigations by the Department of Social and Health Services. This article will explore how this case provides a pathway for seeking justice.

Situation

Case Summary

A case in Washington State, identified as No. 99893-1, involved a young child named A.K. who was taken into protective custody after suffering a serious leg injury. A.K.’s parents could not explain how the injury happened, so the Department of Social and Health Services (DSHS) started an investigation. During this time, A.K. was placed with a relative, which led to questions about how the department handled everything.

No. 99893-1 Specific Circumstances

In this case, A.K., a young child, was taken into protective custody because she had a spiral fracture in her leg. The incident took place in Washington State. A.K.’s parents were questioned by the Department of Social and Health Services (DSHS) because they couldn’t explain how their child got hurt. The department decided to place A.K. with a relative while they investigated, leading to concerns about whether the department was handling the situation properly.

No. 99893-1 Plaintiff’s Argument

A.K.’s parents argued that the investigation by DSHS was not done properly. They said this caused them emotional distress and invaded their privacy. They were upset that the department wrote a letter saying abuse allegations against the mother were “founded” without enough evidence and without a court order.

No. 99893-1 Defendant’s Argument

The State of Washington, represented by DSHS, argued that their actions were protected by legal immunity. They claimed they were just following court orders about where A.K. should stay. The state said their investigation and the letter were part of their job duties and not actions taken on their own.

Judgment Outcome

The court ruled in favor of A.K.’s parents. It was decided that DSHS was not immune from the lawsuit because their actions were not directly ordered by a court. The court found that the investigation and the letter were part of DSHS’s duties but not covered by legal immunity. This meant the case could go back to trial, allowing the parents to pursue their claims of negligent investigation, emotional distress, and invasion of privacy.

No. 99893-1 Relevant Laws

Several laws played a role in this case. RCW 4.24.595(2) is important because it says when DSHS can claim immunity. It means DSHS can’t be sued for actions specifically taken to comply with court orders. However, this immunity doesn’t cover actions not required by a court order.

RCW 26.44.050 requires the department to investigate child abuse or neglect reports independently of court proceedings. This means investigations are based on statutory obligations, not court directives, which can lead to liability if done negligently.

RCW 13.34.065 involves shelter care hearings, where temporary placements are decided. The department must give recommendations to the court. This statute shows the department’s reporting duties are done independently, meaning actions beyond court orders don’t get immunity from RCW 4.24.595(2).

Resolution and Solution

Immediate Actions to Take

If you find yourself in a similar situation, the first step is to consult with a lawyer who has experience in family law and child custody cases. They can help you understand your rights and the legal options available to you. Gather all relevant documentation, such as medical reports, communication with the department, and any evidence that supports your case of negligent investigation or emotional distress.

Filing a Complaint and Court Submission

To start a legal action, you will need to file a complaint with the appropriate court. This document should clearly outline your allegations, the facts of the case, and the legal basis for your claims. Your lawyer can assist in drafting this complaint to ensure it meets all legal requirements. After filing, you must serve the complaint to the state agency involved, following specific procedures to ensure they receive it and have an opportunity to respond.

Negotiation and Settlement Strategies

Before going to trial, it may be beneficial to consider negotiation or mediation to resolve the issue. This process involves meeting with the department and their legal representatives to discuss a possible settlement. Your lawyer can help you determine a fair settlement amount or terms and negotiate on your behalf. If an agreement is reached, it can save time and resources compared to a lengthy court battle.

FAQ

What is RCW 4.24.595?

RCW 4.24.595 is a Washington state law that provides immunity to government entities, like DSHS, from lawsuits in certain situations, especially when they are following court orders related to child welfare.

When does immunity apply?

Immunity applies when the department acts as directed by court orders, such as placing a child in shelter care. However, it doesn’t cover actions that are not necessary to comply with those orders.

What are negligent investigation claims?

These claims allege that an investigation was not conducted properly, which led to harm, like wrongful child placement or emotional distress.

What does NIED mean?

NIED stands for Negligent Infliction of Emotional Distress. It is a claim that someone’s negligence caused significant emotional pain to another person.

What is a false light claim?

A false light claim involves someone being portrayed in a misleading or false way publicly, which would be offensive to a reasonable person.

What role do polygraphs play in these cases?

Polygraphs, or lie detector tests, might be used in investigations to check the truth of someone’s statements. Their results can be contested and are not always accepted in court.

How can decisions be appealed?

To appeal a decision, you must file a notice of appeal in court, usually within a certain time after the decision. The process involves submitting briefs and evidence to support your appeal.

What are child protective procedures?

These include investigating abuse or neglect allegations, emergency placements, hearings, and ongoing checks to ensure a child’s safety.

What rights do parents have in these cases?

Parents have the right to know about allegations, take part in hearings, present evidence, and challenge findings. They can seek legal help if they feel their rights are violated.

Why is legal representation important?

Having a lawyer is important to understand complex legal issues, protect your rights, and ensure fair treatment during legal proceedings.