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BLACKWELL v. STATE, DSHS

No. 55531-6-I.

127 P.3d 752 (2006)

131 Wash.App. 372

Miller BLACKWELL, Mary Blackwell, and their marital community, Appellants, v. STATE of Washington, DEPARTMENT OF SOCIAL AND HEALTH SERVICES (DSHS); Child Protective Services (CPS); Ivana Rozekova, Respondents.

Court of Appeals of Washington, Division 1.

January 30, 2006.

Attorney(s) appearing for the Case

Darrell L. Cochran, James W. Beck, Gordon Thomas Honeywell, Tacoma, WA, for Appellants.

Catherine Hendricks, Attorney General's Office, Seattle, WA, for Respondents.

GROSSE, J.

¶ 1 Whether a statute provides the foundation for a cause of action depends in part on whether the plaintiff is within the class the statute was enacted to benefit. The statute requiring the Department of Social and Health Services (DSHS) to investigate allegations of child abuse was not enacted to benefit foster parents such as the Blackwells. Thus, the trial court's dismissal of their claim is affirmed....

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