M.W. v. Department of Social & Health Services

This case requires us to define the scope of the duty of the Washington State Department of Social and Health Services (DSHS) while investigating child abuse allegations. We must determine whether the statute requiring DSHS to investigate reported child abuse allows a claim against DSHS for negligent investigation under the facts of this case. Here, a child allegedly suffered from posttraumatic stress disorder due to DSHS investigators physically examining her during the course of investigating reported child abuse. Although the statute supports a claim for negligent investigation in limited…