By Shea Johnson
Washington state will pay $8 million to settle claims that it failed to act on years of warnings about the abuse and neglect of a developmentally disabled Pierce County woman under her family’s care, court records show.
In June 2023, the now 25-year-old woman’s court-appointed guardian and conservator sued the Washington State Department of Social and Health Services (DSHS) and the Washington State Department of Children, Youth, and Families (DCYF).
The lawsuit, filed in Pierce County Superior Court, alleged that state case workers didn’t investigate allegations of mistreatment or take any meaningful action to shield the woman from potential harm, despite a dozen known referrals dating back to 2018 that raised concerns about her well-being. Another referral was received when she was younger than 2 years old, according to the suit.
The referrals to the state agencies responsible for adult or child welfare had expressed concerns that the woman was being neglected, sexually abused and exploited for disability benefits while living in a run-down home that social workers refused to visit without law enforcement, the suit said.
She was allowed to remain under the care of her mother, who allegedly had a history of drug addiction before her death in 2022, and alongside others who purportedly resided in vehicles on the property, used drugs and brandished swords and other weapons.
A court filing in March from Dan Lazares, the court-appointed overseer of the settlement, detailed some of the allegations: The woman’s legal guardian reported to Lazares that her client had been locked in her room, was emaciated and had physical wounds described as “branding” that resulted from drug users in the home. She also reportedly bathed in a sink in an apparent effort to avoid being naked in front of others at the home.
Attorney Ian Bauer, who represented the plaintiff, previously told The News Tribune that doctors, neighbors and multiple family members reported warnings to the state, and others such as Pierce County code officers expressed concerns about the condition of the woman’s home.
“The settlement reflects the inexplicable failures on the part of (the state agencies) over 20 years,” Bauer said in an interview Friday, adding that it was a “remarkable case in terms of (the) depth and breadth of their negligence.”
Judge Stanley Rumbaugh approved the $8 million settlement to resolve the litigation on June 13, court records show. The state, which denied allegations of wrongdoing, entered into the agreement without admitting liability, according to a court filing Wednesday.
DSHS and DCYF have different responsibilities. Adult Protective Services and the Developmental Disabilities Administration fall under the umbrella of DSHS, while Child Protective Services is overseen by DCYF.
“We hope that this settlement will provide support and assistance as (the plaintiff) continues her journey toward healing from the abuse and neglect she endured,” DSHS spokesperson Adolfo Capestany said in a statement. “DSHS remains committed to serving the health, wellbeing and protection of vulnerable adults, and assisting them with living in safe and supportive environments.”
The News Tribune isn’t naming the woman, who now lives in an adult family home in Tacoma, because she is an alleged victim of sexual abuse.
“DCYF hopes this resolution supports (the plaintiff’s) well-being as she moves forward,” DCYF spokesperson Kortney Scroger said in a statement. “DCYF remains dedicated to its mission of protecting children and strengthening families.”
Funds will ensure lifelong care
The woman was born with microcephalus — a condition in which a baby’s head is smaller than normal — and was diagnosed with moderate to severe intellectual disability, according to the lawsuit. She is essentially non-verbal, has moderately impaired vision and hearing, and requires routine supervision.
She is totally dependent on others and requires assistance in all activities of daily life, according to court records.
Of the settlement proceeds, roughly $4.7 million will be placed in a trust for the plaintiff and $3.2 million will go toward legal fees, according to the June 13 court record approving the deal.
The trust funds will ensure that the woman will have lifelong access to adult care and be able to lead a safe, healthy and happy life while feeling secure in interactions with caregivers, according to Bauer. Due to her disabilities from birth, she has never been in a position to advocate for herself, which made the state’s failures so significant, he said.
His client’s situation was preventable but requires that the state invest in protective and supportive services and “stand up and do the right thing from day one,” Bauer added.
Asked why he believed the state settled for the amount that it did, Bauer responded that it was clear his client had been left in the care of drug-addicted people and at the whims of transient addicts who would cycle through the home.
“This case was indefensible in every respect,” he said.
History of red flags
The first warning sign about the woman’s home life came when she was 20 months old.
A doctor reported to Child Protective Services that her mother’s eyes were glassy, her speech was slurred and she was lying on the floor during a medical visit, the lawsuit said. The doctor refused to release the girl to her mother, who he believed was incapable of taking her daughter home.
While the allegations were determined to be founded, the state didn’t intervene, according to the suit. When the plaintiff’s grandmother died in 2018, the plaintiff’s mother became her sole caretaker. Over the next four years, there were 12 more referrals to the state about potential child abuse. The suit said case workers repeatedly “screened out” reports, which by definition under state law indicates that a complaint doesn’t rise to the level of credibility.
In May 2021, the state received the ninth referral regarding concerns about the plaintiff’s care within a three-year span. By that time, law enforcement had visited the home nine times in the past month, and there were four prior Adult Protective Services investigations into claims of neglect, physical abuse, improper use of a restraint and sexual abuse — the latter which was closed as “inconclusive,” according to the suit.
An Adult Protective Services case worker in May 2021 noted the “horrible” condition of the woman’s living situation, the suit said. The home was dark, smoky and in disarray with much debris and trash that attracted rats and other animals, according to the suit, drawing on previous court filings and Pierce County Code Enforcement records.
The case worker noted a handgun and drug paraphernalia on a table and that the plaintiff appeared neglected and had bruises on her forehead and arm, the suit said. Although she was taken to a hospital for an evaluation, the state allegedly didn’t meaningfully act upon learning that she was being discharged two days later to her mother.
A final referral was received in January 2022, when the woman’s mother was “dope sick,” screaming outside and seeking help because someone had stolen her drugs, according to the suit. First responders took the mother to a hospital, and they insisted that her daughter receive medical attention, too, the suit said.
The following day, the plaintiff’s mother, who had been adamant about being discharged, was found dead in the home, according to the suit.
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WA to pay $8M to resolve claims it ignored disabled Pierce County woman’s abuse
