M.W. v. DSHS

No. 72529-2.

70 P.3d 954 (2003)

149 Wash.2d 589

M.W. and A.W., husband and wife, and the marital community; and M.W. and A.W., as guardians and parents of the minor child, J.C.W. f/k/a S.K.H., Respondents, v. DEPARTMENT OF SOCIAL AND HEALTH SERVICES, a division of the State of Washington; and State of Washington; and Dale Francis, an individual, Petitioners.

Supreme Court of Washington, En Banc.

Decided June 12, 2003.


Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, Narda Pierce, Solicitor General, Jeffrey Freimund, Senior Counsel, and Peter Helmberger and Talis Abolins, Assistant Attorneys General, for Petitioners.

Ross Taylor, University Pl., John Cain, Tacoma, for Respondents.

Bryan Patrick Harnetiaux, Debra Leigh Williams Stephens, Spokane, Amicus Curiae on Behalf of Wash. State Trial Lawyers Ass'n.

Wash. Assn. of Sheriffs & Police Chiefs, Katherine Collins, Olympia, Amicus Curiae on Behalf of Wash. Assn. of Sheriffs & Police Chiefs.


JOHNSON, J.

This case requires us to define the scope of the duty of the Washington State Department of Social and Health Services (DSHS) while investigating child abuse allegations. We must determine whether the statute requiring DSHS to investigate reported child abuse allows a claim against DSHS for negligent investigation under the facts of this case. Here, a child allegedly suffered from posttraumatic stress disorder due to DSHS investigators physically examining...

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