Lesley v. Department of Social & Health Services

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that fact issues existed as to whether a caseworker acted with reasonable good faith in a child abuse 12 No. 58608-8-II investigation, precluding summary judgment on the parents’ claim for negligent investigation of child abuse allegations
• noting that RCW 26'44.050 places affirmative duty on DSHS to investigate allegations of child abuse
• “Washington courts have not recognized a cause of action for negligent investigation in some other contexts [besides Babcock v. State, 116 Wn.2d 596, 620, 809 P.2d 143 (1991)].”
• biological parents had a cause of action against department when department mistook their daughter's birthmarks for bruises and removed the girl from parental custody
• “[A] specific statute provides that DSHS caseworkers have a duty to investigate. RCW 26.44.050. A cause of action for negligent investigation thus exists against DSHS caseworkers.”
• summary judgment on qualified immunity reversed because questions of fact existed as to whether caseworker followed proper procedures in removing child from parental custody

Source: CourtListener parenthetical corpus (CC0).