Braam v. Washington

No. 98-2-01570-1 (Wash. Super. Ct. Whatcom County filed, July 31, 2004) ; Clearinghouse Number: 54493

Description

Settlement Reached in Class Action Lawsuit Against Washington State’s Child Welfare System

Abstract

The parties entered into a final settlement agreement in this class action lawsuit filed in 1998 on behalf of a class of Washington State foster children who were in up to twenty different placements. In the settlement the defendants agree to make “specific, measurable, and enforceable commitment” in the six general areas that were the subjects of plaintiffs’ complaint: placement stability, mental health, foster parent training and information, unsafe or inappropriate placements, sibling separation, and services for adolescents. A five-member oversight panel will monitor compliance, and in the event of enforcement proceedings the agreement creates a rebuttable presumption that the panel’s factual findings are correct. The agreement sets out different enforcement procedures depending on whether noncompliance stems from failure of implementation or lack of funding or both. In the event of noncompliance due to lack of funding the agreement provides that plaintiffs may immediately commence an enforcement action in court, which “can order expenditures to enforce constitutional mandates only if the court finds that non-compliance results in failing to provide constitutionally adequate care to children in the plaintiff class.” The case began as a damages action on behalf of thirteen children; in 2000 it was expanded to include a class of children subjected to multiple placements. After a seven-week trial in 2001 a jury found that the state violated the constitutional rights of children in state care; in 2003 the Washington Supreme Court upheld the plaintiffs’ constitutional rights but ordered a new trial due to an error in jury instructions. The parties then entered into settlement negotiations.

Additional Information

Attorney Information
Plaintiffs represented by: Timothy C. Farris, cynthis Novotny, John Midgley, Casey Trupin, Brett & Daugert, PLLC, 300 North Commercial, P.O. Box 5008, Bellingham, WA 98227 (360.733.0212)
Docket Date
2004-07-31 00:00:00+00:00