Mother claims negligence in daughter’s death

The mother of a little girl who was beaten to death in 2005 has filed suit in Snohomish County Superior Court alleging that various state and private agencies didn’t do their jobs when they placed Sirita Sotelo in the home of the child’s father.

The lawsuit seeks unspecified damages. It was filed on behalf of the 4-year-old child’s estate and her mother, Patricia Sotelo.

Sirita, who was born addicted to cocaine, was taken away from her mother. She was shuffled in and out of foster care before her father, John Ewell, was awarded custody of the girl in 2003.

She died Jan. 21, 2005, at her father’s Lake Stevens home. Her stepmother, Heather Ewell, pleaded guilty to manslaughter and was sentenced to eight years in prison in the girl’s death.

Heather Ewell beat Sirita to death after the girl wet her pants, according to court documents.

The suit alleges that the state Department of Social and Health Services, its various agencies and Catholic Community Services of Western Washington failed to properly investigate Sirita’s ­father to determine if placement in his home was safe.

The lawsuit alleges that the agencies didn’t look into a 2001 report that drugs might have been sold from the Ewell home.

The complaint also alleges that the agencies failed to properly monitor the girl after ­placement in the Ewell household, and failed to provide enough services for Sirita and the people who were supposed to be looking after her.

State officials declined comment on the lawsuit because the matter is pending, DSHS spokeswoman Karen Lee said.

However Lee noted that there have been numerous changes in the system following investigations of Sirita’s death.

Her death caused formation of a task force of individuals from numerous disciplines to investigate what happened and how to avoid similar tragedies in the future. It spurred lawmakers in 2007 to pass legislation intended to protect children from abusive parents, what has become known as “Sirita’s Law.”

Under the law signed by the governor in May, before a child is returned to the home of a parent, the state Department of Social and Health Services must take steps to make sure that a child is safe there.

This would include conducting background checks of all adults living in the home and determining what, if any, special parenting assistance the adults need.

State services could include such things as anger management or treatment for drug and alcohol addiction.

The bill also requires a court review if a child is removed from a home for a second time, to determine if the parents should lose custody.

Prior to the legislation, Sirita’s case was reviewed by a state Child Fatality Review Committee and others. That probe also resulted in several improvements, Lee said.

Catholic Community Services “declined comment until they have an opportunity to review the lawsuit,” said Greg Magnoni, spokesman for the Archdiocese of Seattle.

Reporter Jim Haley: 425-339-3447 or jhaley@heraldnet.com.

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