Suit filed to benefit starved young boy

EVERETT — He doesn’t draw pictures of airplanes or cartoon heroes. He doesn’t use his small hands to shape clay into race cars or animals.

Those who know Shayne Abegg say his preschool art projects reflect what worries the boy most — food.

Shayne, now 5, nearly starved to death at the hands of his father before the boy was rescued March 7, 2007. Shayne had wasted away to a mere 25 pounds — about half the weight of a healthy child his age. His hair was falling out, he could barely stand and he suffered from hypothermia because he didn’t have enough body fat to keep him warm. When he first arrived at the hospital he looked like a Nazi concentration camp victim, one nurse said.

His father, Danny Abegg, and the man’s live-in girlfriend, Marilea Mitchell, withheld food from Shayne to punish him. They’ve been sent to prison for eight years.

Now, the state Department of Social and Health Services will have to answer for how caseworkers oversaw Shayne’s well-being. A civil lawsuit was filed on behalf of Shayne on Thursday in Snohomish County Superior Court.

The lawsuit alleges state caseworkers failed to protect the boy despite numerous warnings that Shayne was being abused and neglected. DSHS workers didn’t adequately investigate reports that Shayne was being starved, according to the lawsuit filed by Seattle attorney David Moody.

A court-appointed guardian ad litem for Shayne hired Moody shortly after the boy was removed from his father’s south Everett apartment. Moody filed a $22 million claim against the state in December. The state denied the claim. No dollar amount was specified in the lawsuit filed Thursday.

Steve Williams, a spokesman for DSHS, declined to discuss the legal action against the state.

“We haven’t seen it yet, and we really don’t comment on the merits of a lawsuit outside of court,” Williams said.

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, his girlfriend and the boy’s mother more accountable for the boy’s well-being.

Two social workers involved in Shayne’s case have resigned, Williams said. Two other caseworkers are under review for their involvement, he said. Williams didn’t know on Thursday when that review would be finished.

DSHS has made some changes to address the issues found in the state-ordered review, Williams said.

It has taken steps to make sure more experienced supervisors review these types of cases and social workers get training to help recognize the signs of malnutrition. The state has reconfigured some staff to decrease caseloads.

State caseworkers spoke to the family on numerous occasions about how to help Shayne understand that he wouldn’t go hungry. Shayne had learned to hoard food after going long stretches without eating when he lived with his mother, according to documents. The caseworkers reported that Danny Abegg locked up the food and ignored suggestions to leave food out to reassure Shayne he wouldn’t go hungry.

A state caseworker last visited the family in January and reported that Shayne appeared to be in good health. She recommended Shayne get counseling because his family situation had been changing, and his brother no longer lived with him.

She noted that Danny Abegg told her he was afraid to enroll Shayne in counseling because the boy lied and he was afraid the boy’s infant half-sister would be taken from them.

The state closed Shayne’s case file in February.

The boy was hospitalized a month later in critical condition.

Doctors believe Shayne will suffer from long-term developmental and cognitive problems, Moody said. Shayne, who lives with a relative, continues to undergo counseling. The boy worries about food, continues to hoard snacks, and likely will need long-term care, Moody said.

Any money awarded to Shayne would be put in a trust fund that will be monitored by Snoho­mish County Superior Court, the attorney said.

“The goal of the lawsuit is to get Shayne all the resources he’ll need for the rest of his life,” Moody said.

Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.