Foster parents may not sue state for negligent investigation of child abuse

By Nicholas L. Jenkins

Foster parents may not sue the state for an agency's violation of its statutory duty to investigate allegations of child abuse, the Washington Court of Appeals recently held.

In Blackwell v. State, no. 55531-6-I (Jan. 30, 2006), Miller and Mary Blackwell had served for many years as foster parents for several high-risk foster children with behavior problems. One of those children was DR. DR lived with the Blackwells for two years. The Blackwells considered adopting DR.

In March 2000, the Blackwells had five foster children in their home, including DR. Two of them threatened harm to themselves and others, so the state Department of Social and Health Services (DSHS) asked Miller Blackwell to take them to Harborview Hospital for observation and treatment. The children told a doctor at Harborview that Miller had abused them physically and emotionally. The doctor examined them and found no evidence of abuse, but DSHS was notified, and an investigation began.

During the investigation, two more foster children, including DR, alleged abuse. A Child Protection Services (CPS) investigated and determined that the abuse allegations against Miller Blackwell were well founded. In June 2000, DSHS notified the Blackwells of this conclusion. The foster children were removed from the home. The state notified the Blackwells that their foster-care license was revoked and advised them of the administrative procedure for contesting the decision.

Two years of administrative hearings ensued. An administrative law judge reversed the findings of physical abuse and reinstated the Blackwells' foster-care license. A reviewing judge revised some findings and conclusions from that decision but affirmed the decision that no abuse had occurred and affirmed the reinstatement of the license.