Assistant AG Pam Anderson Spells Out State Liability Before Committee

Pam Anderson, Assistant Attorney General and team leader in the torts division discussed Washington State’s liability regarding the Children’s Administration and specifically Child Protective Services before the Early Childhood Education committee. She says that when it comes to torts regarding child protection, there are “big recovery ratios.” In addition, the payouts more than tripled during 2008 and 2009. Many of the larger payouts were due to adoption and foster placement children being physically and sexually abused.

When asked why the state was so liable, Anderson replied that a 1961 law was passed waiving sovereign immunity (RCW 4.92.090) that made the state equal to a private person or corporation pertaining to lawsuits.

Democratic Chairman Representative Kagi expressed concern over the 1961 statute and expressed interest in changing the waiver as it pertains to child protection to immunity. She didn’t state whether she would seek qualified or absolute.

Anderson further explained the legal concept of joint and several liability when a jury finds that more than one co-defendent is to blame for the harm. For example, an uncle of a foster family committing harm to a child in their care may have two or more that are liable to include the foster family, the uncle and the state, however the courts feel that putting a dollar amount on an individual is not likely to be collected therefore all the liability would go to the state. Children in this case are considered “fault free” as victims.

Two of the most common tort violations with the biggest payouts are intentional tortfeasors and Negligent tortfeasors ( I will leave it to you to look those up) with negligent investigations claims moving off the charts regarding tort actions. Negligence by the state would include removing children prematurely or leaving them too long.

Defacto parents are getting ignored by the court unless there is legal standing such as guardianship. “Kinship care gets murky,” states Anderson.

One interesting payout that readers may be interested in is a 1,695,000 settlement regarding “improper search and seizure of records.”

Representative Chairman Kagi asked if vendors who are negligent relieve the state’s responsibility to pay and Ms Anderson stated that no, both are liable but vendors are required to have insurance and the state may be able to sue the vendor for losses.

DSHS has obligations on federal law for reimbursement and state law for contracts.

Most of the DSHS heads were there minus Susan Dreyfus but they were behind the glass in the sign up area looking concerned.

My Take On This and Other Things

Perjury is the most common complaint I receive off my website and other referrals. I believe each and every one who claims perjury unless I find out otherwise (and I research) because I went through it myself. If you try and take perjury to court, you will most likely lose. Why? Because perjury is the most protected crime in America – not just in this state, but in every state. So, you take a protected crime like perjury, add qualified immunity given to a caseworker and all other stakeholders and what you have is absolutely no legal remedy. I believe that perjury is protected because it is so common for government agents and legal professionals of all types to lie, cause damage to others in doing so, (and would have to pay) so across the board there seems to be this “gentleman’s agreement’ regarding perjury decisions and concepts. It is a lark when a caseworker signs a document that reads, “Signed under the penalty of perjury” because there is no penalty. A very specific bill needs to be implemented in this state regarding caseworker and stakeholder damage. It violates the Constitution, both federal and state to even offer immunity of this magnitude and the proof is in the pudding. Give immunity, expect corruption.

One of the legal trends that I find baffling is the belief that if one judge makes a ruling on something, all other judges must rule the same or similar EVEN IF THE DECISION CAUSES DAMAGE TO THE COMMUNITY. I watched a high school educational DVD on the US Supreme Court and one of the justices said that they do not rule against other judges unless the issues are extreme and widespread such as civil rights violations against minorities in the 60s. They all admitted that judges are causing community damage but feel that the overarching need for power and control supersedes the damage done to the victims their decisions create. In this, we do have a federal case. The federal policy on child removal and adoption is widespread and the results are common to each state. Some states are worse than others as it pertains to child removal, not seeking reunification and relative placement. I have read laws in other states, particularly on the East Coast, that would scare you to death. They get away with it because most Americans are sleeping through the political process until they find themselves caught in the web screaming in the wind with nobody listening.

The question I had when all of this started with my grandson, is who is responsible for holding CPS accountable? I asked people all over the country and nobody seemed to know. What I finally discovered is that it is the judges who are supposed to be holding them accountable and they aren’t. Furthermore, it is the legal system to include all attorney associations and related judges who have taken federal public policy and created this mess. Without their devious assistance, we wouldn’t be having this conversation. Why do I say devious? Because they looked for ways around the Constitution when they created it and basically the whole thing is illegal. I don’t care how you slice the pie, removing someone’s children is a punishment and in order to do so you are being charged with a crime. They don’t call it crime though, they call it civil because under civil people don’t have the same legal remedies and rights.

What I am saying is the whole system is based on deception (a form of perjury) where they have created an illusion of safety while denying the American people inherent parental and extended family rights. I can honestly say after looking at the list on the screen of people who won lawsuits against the state and seeing the vast majority against physical and sexual offenses with foster/adopts that the system is clearly not safe at all and quite the contrary. Herein lays the problem. A corrupt judicial system based on the support of deception and perjury are going to fight like the dickens to maintain that status quo and save face. That may very well include the US Supreme Court who will attempt to keep the sick, toxic federal public policy alive that has created a massive web throughout the country of various stakeholders

What I am saying to you is DSHS is not THE problem they are the end result of a judicial corruption issue. As long as we stay focused on DSHS, we cannot solve this problem. We have to go after the lawyers and judges to illicit change along with Congressman who support public policy that comes out of Yale which brings me to my next concern. The higher education’s role in the destruction of families and public policy is creating a nightmare that combines a whole bunch of toxic forces to include the medical field, pharmaceutical industries, psychological associations etc etc. Here in this state, the destructor is the University of Washington. For one thing, look at who funds their various departments and ponder THAT. They are joined at the hip with legal associations all over the state and support state interests only. Funding is getting poured into the university to supply information that assists in prosecuting cases. Most of the funding comes from the state and Israel.

I am suggesting we take a new direction and it starts with getting to know the judicial rules that are the boat floating this parade and look at the players writing them. If we want to do a lawsuit, we need to go after attorney associations who DO NOT HAVE QUALIFIED IMMUNITY AND ARE RUNNING THE SHOW. This, of course, may be looked at as a cocky suggestion because they have all the legal knowledge and power plus what attorney would take on this feat. Never fear, however, there are ways and my higher power will reveal them to me.