Filed Date: 1991
Closed Date: Dec. 24, 1997
Clearinghouse coding complete
In 1991, the Washington State Coalition for the Homeless, along with several homeless families with children, filed this class action suit against Washington's Department of Social and Health Services (DSHS) in the Superior Court of Washington for King County. Represented by public and private counsel, the plaintiffs sought declaratory and injunctive relief, as well as compensatory damages, alleging violations of state and federal statutes, in addition to state and federal constitutional provisions. Specifically, the plaintiffs alleged that DSHS's failure to assist homeless families, including those who need housing assistance to prevent or shorten foster care placement, violated their mandatory duties under state law, the federal Adoption Assistance and Child Welfare Act of 1980, and the liberty and privacy protections of the due process clauses of the federal and state constitutions.
On August 21, 1992, the court (Judge Ann Schlinder) granted in part the defendants' motion to dismiss the plaintiffs' federal statutory claims. On December 15, 1992, the court certified a class of all present and future families with homeless children, and all families who needed or would need housing assistance to prevent or shorten their children's foster placement.
On February 16, 1994, the court held that in dependency cases it had the power to order the state agency to provide housing assistance when homelessness is the primary factor for foster placement. The Ccurt also held that state law required the agency to implement a plan to adequately assist homeless families.
After a May 31, 1994 trial, the court ruled that the agency's plan was inadequate to address the needs of homeless children. Both parties appealed to the Washington Supreme Court, challenging three separate orders by the trial Court.
On December 24, 1997, the Washington Supreme Court (Richard P. Guy, J.) affirmed the trial court's decision on all counts, finding that dependency courts have the authority to order DSHS to provide housing assistance to homeless families; that DSHS must "perform its duty according to professionally accepted procedures and standards"; that an adequate plan must include prevention assistance, emergency shelter assistance, transitional assistance to get children out of shelters and into stable housing, and a process for ongoing monitoring and evaluation; and that DSHS's planning process must include coordination within DSHS's divisions and with other state agencies.
Washington's legislature responded to the court's ruling by amending RCW 13.34.130 to include an explicit mention of housing assistance as a potential service. However, the amendment also included a restriction found in RCW 13.34.130(8) limiting the ability of courts to order housing assistance to instances where (a) the lack of housing was the "primary factor" for an out-of-home placement and (b) where funds have been specifically appropriated for the provision of housing assistance. (Note: this restriction is now found in RCW 13.34.138(4) and uses the language "significant factor" rather than "primary factor.")
This legislative amendment effectively prevented juvenile courts from effectuating the command of the Washington Supreme Court. Since enactment, the Washington state legislature has appropriated funds for the purpose of housing assistance, but the appropriations have been given to the Department of Community, Trade, and Economic Development. Because juvenile courts in Washington have limited jurisdiction––only over the DSHS and the Department of Children, Youth, and Families––they have been unable to order the expenditure of funds for housing assistance. The properly appropriated money lies outside of the juvenile courts' jurisdiction, and the courts, for separation of powers reasons, lack the ability to order expenditures contrary to or beyond a given agency's appropriations.
In 2000, plaintiffs joined the defendants in seeking dismissal of the suit.
Summary Authors
Timothy Shoffner (7/13/2012)
Matthew Feng (4/12/2023)
Guy, Richard P. (Washington)
Clark-Mahoney, Charlotte E. (Washington)
Collins, Michael W. (Washington)
Gregoire, Christine O. (Washington)
Keyt, Aaron (Washington)
Guy, Richard P. (Washington)
Schindler, Ann (Washington)
Last updated March 31, 2024, 3:17 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Washington
Case Type(s):
Public Benefits/Government Services
Key Dates
Filing Date: 1991
Closing Date: Dec. 24, 1997
Case Ongoing: No
Plaintiffs
Plaintiff Description:
families of homeless children at risk of lengthened placement in foster care without assistance from department
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Benefit Source: