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

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The Blackwells then sued several parties for the "negligent investigation" of the abuse allegations. Eventually the defendants were narrowed down to the City of Seattle and the State. The defendants moved for summary judgment of dismissal, which the superior court granted. The Blackwells appealed the dismissal of their claims against the State.

The Court of Appeals noted that children and parents may sue for negligent investigation by DSHS. However, that right of action arises by statute, not common law. The court found no common-law cases that extended the class of claimants beyond blood-relative children and parents. In a earlier case, the Court of Appeals refused to let a child-care worker pursue a claim for negligent investigation of child abuse because the Legislature chose not to include child-care workers in the class of persons who were entitled to sue. "With regard to foster parents," the court said, "we hold the same is true."

The court also rejected the Blackwells' attempt to liken their situation to that of adoptive or "de facto" parents. But the court observed that the Blackwells had never sought to adopt DR or become legal guardians of the child. And "de facto" parents are not entitled to parental privileges, but only those that are in the child's best interests.

The court concluded, “As foster parents, the Blackwells do not have standing to pursue a claim against DSHS for negligent investigation because they are not part of the particular, circumscribed class to which DSHS owes a duty under the statute.”