Washington Supreme Court hears arguments over DCYF immunity in child‑welfare case

The Washington Supreme Court heard argument Sept. 12 in Atkerson v. State of Washington Department of Children, Youth and Families over whether a 2012 statute limits lawsuits against caseworkers to a gross‑negligence standard only during very short, shelter‑care‑related windows or whether the statute covers a broader, early investigatory phase.

Petitioner counsel Phil Talmadge told the court he represents petitioner Ian Atkerson, acting for the estate of the child at issue, and described the facts as "horrific," saying the two‑year‑old suffered a traumatically induced broken arm and extensive bruising and that "there was nothing done by CPS to treat this matter as an emergency" — no voluntary placement, no pickup order and no shelter‑care hearing. Talmadge argued the statute should be read narrowly to preserve a gross‑negligence standard for only the emergent placement context tied to shelter‑care procedures and short windows such as the 72‑hour pickup/shelter‑care period.

The state, through Assistant Attorney…