The Record Breaking Fine and Failure to be Accountable in Washington State

via King5 News: 
Record-breaking judgment against DSHS

by NATASHA RYAN / KING 5 News Bio | Email
Posted on November 18, 2011 at 9:36 PM Updated yesterday at 10:47 PM

TACOMA, Wash. --  A record-breaking penalty against the Department of Social and Health Services was handed down Friday.   The state’s largest agency was ordered to pay out $650,000 for violating the state’s Public Records Act.  The judge said the penalty needed to be stiff to deter similar behavior from DSHS.

Amber Wright is capable of a smile but her adopted mother, Michelle Bossard, says Amber’s history is one that could bring almost anyone to tears.   Amber described it, “Being sexually abused by my real father, being hit all the time, being forced to take drugs.”

For years, David Wright didn't allow Amber a normal childhood.  Crying, she said, “You see all these other with their parents loving on them.  I had never had that.”

Wright filed a lawsuit against DSHS for failing to protect her from the abuse, claiming they ignored multiple red flags.  She also filed a public records request to get her file.  Bossard says Amber was searching for answers, “How DSHS had a chance to take her out of a severely abusive home and didn’t?”

To Amber’s attorneys’ surprise, even though DSHS said it had released all the records, pertinent documents were left out of Amber’s file.  Things like an audio file from an interview she did with police, chronicling the abuse.

Attorney David Moody then in turn filed another lawsuit, saying DSHS violated the Public Records Act by with-holding those documents. 

Pierce County Superior Court Judge Frederick Fleming said, “In this court’s judgment, this was an unbelievable obstruction of justice.” Fleming ordered the state to pay $650,000. It's the largest amount of penalties imposed for this violation in state history.

Moody says, "This was the most stinging rebuke of state government and open records the state has ever seen.”  Moody says he gave the state multiple opportunities to settle this for $75,000 and multiple times was turned down. “The Attorney General’s Office could have saved taxpayers of this state hundreds of thousands of dollars by simply admitting their errors and moving on.”

Assistant Attorney General John Clark says DSHS will appeal immediately.

Amber’s civil lawsuit against DSHS for failing to protect her goes to court in May. Her father David Wright was convicted of child molestation, served almost three years and is now 

out of prison. Amber says at first, she was afraid to go on camera but says it’s worth it if she can inspire kids being abused to get help.  read here.

This case demonstrates how the Department of Social and Health Services and Child Protective Services under the umbrella of Child Welfare and Children's Administration typically functions.  It is not "the system" that is broken, it is the individuals working within it who are.  It is the individuals who fail to follow the law, fail to do their jobs with honor or integrity, and fail the children the taxpayers pay them to serve, on our behalf.  These "public servants" get to keep their jobs, and their pensions.  It is very rare that any State employee who fails to follow the law, or administrative policy loses their job; or experiences any negative consequences.  

The fact of the matter is the State of Washington always protects the State of Washington first and foremost--or at least that is the presumption behind the flawed reasoning behind the decisions made in situations like this. I say flawed because when The State protects The State even when doing so means neglecting, or abdicating altogether, it's legal mandate, and it's moral duty to protect the children who live in the State of Washington; it is in fact protecting those who harm children.   I know conducting the business of 'Child Protection' in this manner, does not in truth serve The State.  

The State is not DSHS.  The State is the people, including the children who do not yet vote or pay taxes; children who rely on the rest of us to protect, nurture and teach them that they are valuable; valuable enough to protect.  What children learn by situations like this, is they are not in fact valued, by DSHS or the Attorney General's Office.  Our failure to hold individuals who fail children accountable teaches them that they do not in fact matter.  Children learn they are valuable by being protected and nurtured; children learn how to be accountable by adults being accountable for decisions which affect the children they are meant to benefit.   The adults in this case who had the authority and power to make decisions for this particular child; yet failed to act morally, ethically or legally--were not held accountable; and the Attorney General is arguing that they, and the agency they work for, should not in fact be accountable?!  

Accountability is taught by example; like all of life's most important lessons---In this case, the employees of DSHS were not ethical, and in fact broke the law.  The Attorney General's office defended this failure, instead of holding State employees accountable, for failing to do their jobs honorably or legally.  It is reported the AG's office plans on appealing this verdict---this is not the lesson we need to be teaching the children of the State of Washington.  When adults who fail to protect children are allowed to continue to be 'trusted public servants' we are failing our collective duty to children, and it is the children who pay the price for our failure...


It is apparent the failure is not only within DSHS; but within the Attorney General's Office.

The best part of this story is Amber's statement that walking through her fear of telling her story on camera being worth it if it helps to inspire another kid who is being abused to seek help.  Good for you, Amber!!! 
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