State settles another suit against DSHS

Associated Press

OLYMPIA — The state has settled part of a class-action lawsuit that accused the Department of Social and Health Services of failing to provide adequate mental-health treatment for children in foster care.

In the settlement announced Friday, the state agreed to pay each of the 13 children in the original lawsuit $100,000. The money will be held in trust for each child until he or she reaches age 30, though court-appointed trustees may distribute some of it earlier if a child needs money for health care, shelter, clothing or education.

"The department, which has made improvements not only in foster care but throughout the entire child welfare system, believes this agreement is in the best interests of the 13 foster children — and in the best interests of the taxpayers," said Rosie Oreskovich, assistant secretary for Children’s Administration.

Tim Farris, the attorney who brought the lawsuit, commended the state.

"This money will mean a lot and do a lot for these children who otherwise have so little," Farris said in a joint statement released by the department.

The rest of the lawsuit, which seeks court oversight and intervention for the foster-care system, is still set for trial in October.

The lawsuit, filed in Whatcom County in 1998, now covers about 3,000 children who passed through at least three foster homes while in state custody.

The lawsuit accuses the department of violating state law by shuttling the children from home to home and by failing to provide adequate mental-health services for them or proper training and support for foster parents.

One of the 13 original plaintiffs was moved 42 times, according to court documents.

State officials contend the agency already is moving to solve its problems.

If the lawsuit prevails, the foster-care system could be placed under court supervision, with the department ordered to make changes to meet certain conditions and a judge determining whether the conditions are being met.

Copyright ©2001 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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