EVERETT — The state didn’t do enough to protect an Everett boy who nearly starved to death and owes him $22 million for prolonged abuse and lasting damage, the child’s attorney said Thursday.
Seattle attorney David Moody filed a claim against the state Department of Social and Health Services alleging that state social workers failed Shayne Abegg, then 4, and ignored numerous warnings that the boy was being neglected and abused.
“DSHS has acknowledged after reviewing the case thoroughly that they failed to protect Shayne and broke the law,” Moody said.
A court-appointed guardian ad litem hired Moody to represent Shayne, now 5, shortly after the boy was removed from his father’s south Everett apartment March 7. Shayne weighed 25 pounds — about half that of a healthy boy his age. He was too weak to sit up on his own, his hair was falling out and he suffered from hypothermia because he lacked enough body fat to keep him warm.
A social worker last visited the family in January and reported that Shayne appeared in good health.
His father, Danny Abegg, 27, and the man’s live-in girlfriend, Marilea Mitchell, 23, were found guilty of first-degree criminal mistreatment Wednesday.
A Snohomish County Superior Court judge found that the couple purposely withheld food from the boy. They face 10 years in prison.
A spokeswoman with the state Department of Social and Health Services declined to comment about the claim, saying she isn’t allowed to discuss pending litigation.
“We had grave concerns about this case and how it was handled,” spokeswoman Karen Lee said. “Since then we’ve made changes, including integrating the Indian Child Welfare Unit with the other offices.”
The state Department of Social and Health Services ordered a review of the boy’s case after he was removed. The executive review concluded that the state missed a pattern of abuse and neglect, didn’t follow policy to make sure Shayne was safe and failed to hold his father, Abegg’s girlfriend, and the boy’s mother more accountable for the boy’s well-being.
Shayne was a “happy, healthy, little boy who was progressing developmentally in all phases,” Moody wrote in the claim. The boy now has difficulty recognizing letters in his name and colors, singing the alphabet, eating and empathizing with others, the attorney said.
“Shayne will continue to be affected by the physical and emotional abuse that he suffered for the rest of his life,” Moody wrote.
The court-appointed a guardian ad litem conducted an investigation and made recommendations to the court about Shayne’s care and finding him a permanent home.
She also hired Moody to pursue a civil lawsuit against the state. Moody said he will be paid only if the state pays out.
The settlement will be used to pay for Shayne’s continuing care, such as ongoing medical needs and his education.
The claim is the first step in filing a lawsuit. The state can decide to settle before the matter reaches a judge.
If Shayne is awarded compensation from the state, the money will be put into a trust and overseen by a trustee approved by the court. A family member isn’t eligible to manage the trust. All expenditures will be overseen by the court, Moody said.
“No one’s going to have access to Shayne’s money but Shayne,” he said.
Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.
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