Legal Opinion

H.B.H. v. State

Washington Supreme Court

Decided November 1, 2018No. 94529-2PublishedCited by 29 opinions

1Opinion of the CourtStephens, J.

*487¶ 1 Former foster children KMH, HBH, SAH, KEH, and JBH brought this case against the Department of Social and Health Services (DSHS), alleging negligence in failing to protect them from the tortious or criminal acts of their foster, and later adoptive, parents. At the close of the evidence, the trial court granted DSHS's CR 50 motion and dismissed the children's claims of negligence concerning the preadoption, foster care period. Division Two of the Court of Appeals reversed, holding that DSHS owes a common law duty to protect dependent foster children from foreseeable harm based on the…

2Cases cited52 opinions

  1. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
  2. Dalehite v. United StatesSupreme Court of the United States · 1953
  3. Petersen v. StateWashington Supreme Court · 1983
  4. Hertog v. City of SeattleWashington Supreme Court · 1999
  5. HERTOG, EX REL., SAH v. City of SeattleWashington Supreme Court · 1999

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3Cited by29 opinions

  1. Judith Cox v. Wa Dept. Social & Health Svcs.Court of Appeals for the Ninth Circuit · 2019
  2. Sheila Larose, Appellant/cross-resp v. King County And Pda, Respondent/cross-appellantsCourt of Appeals of Washington · 2019
  3. Wrigley v. StateWashington Supreme Court · 2020
  4. In re Pers. Restraint of WilliamsWashington Supreme Court · 2021
  5. Mancini v. City Of TacomaWashington Supreme Court · 2021

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