Fernandez v. Department of Social and Health Services

No. 05-2-007-00-9 (Wash. Super. Ct. filed April 8, 2005); Clearinghouse Number: 55587

Description

Latina Child Care Providers Allege Discrimination in Fraud Investigators' Warrantless Entry into Homes, Seizure of Business Records

Abstract

On behalf of a class of current and future licensed family child care providers in Washington State and a subclass with limited English proficiency, plaintiffs are suing Washington Department of Social and Health Services, several agency officials, and municipalities and municipal officials. Plaintiffs allege that defendants violated their rights to be free from unreasonable searches and seizures and discriminated against them on the basis of national origin and language. The named plaintiffs live in the town of Mattawa, where, they say, 95 percent of child care providers are Latina, speak Spanish as their first language, have limited proficiency in English, and care for children who receive child care subsidies. Plaintiffs claim that in 2001 a charge by defendant mayor of Mattawa that plaintiffs were billing defendant DSHS for "phantom children" led to a fraud investigation. Plaintiffs say that after a preliminary investigation did not support that allegation, defendants expanded the investigation and raided approximately 50 family child care homes. During those raids, plaintiffs say, defendants demanded immediate production of business records and, on the basis of a generic subpoena in English that was never translated, illegally seized records without a warrant. Plaintiffs contend that defendants purposely misled them by saying the subpoenas were court orders and intimidated plaintiffs by inviting immigration officials to participate in the raids and interrogate plaintiffs about their immigration status. In their complaint, plaintiffs allege violation of their Fourth and Fourteenth Amendment and state constitutional and statutory rights to be free from unreasonable searches and seizures. Counsel reports that the Department of Social and Health Services withdrew notices charging plaintiffs with receiving overpayments and that an internal investigation supported plaintiffs' allegations of discrimination.

Additional Information

Attorney Information
Plaintiffs represented by D. Ty Duhamel, Joachim Morrison, Columbia Legal Services, 200 Palouse St., Suite 201, Wenatchee, WA 98801
Docket Date
2006-07-29 00:00:00+00:00
Attorney Email
ty.duhamel@columbialegal.org