Babcock v. State
| Citation | 116 Wn.2d 596,809 P.2d 143 |
| Decision Date | 04 April 1991 |
| Docket Number | No. 53376-8,53376-8 |
| Parties | Rudolph BABCOCK; Willis Babcock and Elizabeth Babcock, husband and wife; Beth Babcock; Erika Babcock; and Angela Long, Appellants, v. STATE of Washington, Respondent. En Banc |
| Court | United States State Supreme Court of Washington |
Kenneth O. Eikenberry, Atty. Gen., Owen F. Clarke, Sr. Asst., Spokane, Kenneth O. Eikenberry, Atty. Gen., Michael E. Grant, Asst., Olympia, for respondent.
In Babcock v. State, 112 Wash.2d 83, 768 P.2d 481 (1989) (hereinafter Babcock I), this court granted the Washington Department of Social and Health Services (DSHS) and its caseworkers absolute immunity from liability for negligent foster care investigation and placement. We granted a motion to reconsider Babcock I because its legal conclusions were based upon a factual error. We now conclude that the caseworkers are not absolutely immune from suit for negligent foster care placement and reverse the trial court decision granting the caseworkers and DSHS immunity from suit.
This tort suit involves allegations flowing from the placement of several young girls with a relative, Lee Michael, who raped them. 1 Because the trial court disposed of the case on a motion for summary judgment, we may only affirm if no issues of material fact exist. CR 56(c); Hartley v. State, 103 Wash.2d 768, 774, 698 P.2d 77 (1985). This rule prevents courts from assuming the function of a jury by weighing the facts as presented in documents prior to trial. See Palmer v. Waterman S.S. Corp., 52 Wash.2d 604, 608-09, 328 P.2d 169 (), cert. denied, 359 U.S. 985, 79 S.Ct. 940, 3 L.Ed.2d 933 In this case, most of the facts are undisputed. However, the plurality's previous opinion erroneously construed at least one disputed fact in favor of the State as the moving party. Compare Babcock I, 112 Wash.2d at 85, 768 P.2d 481 () with Reply Brief of Appellants Rudolph Babcock, Beth Babcock, Erika Babcock, and Angela Long, at 6-7. The plurality's previous opinion also erroneously presented the undisputed facts in the light most favorable to the State as moving party instead of in the light most favorable to the nonmoving party as required by our case law. There was, in addition, a critical factual error which forced us to reconsider our previous decision: the mischaracterization of the juvenile court proceedings which confirmed the caseworkers' placement decisions. All of these errors are corrected in this opinion.
(1958). Summary judgment exists to examine the sufficiency of legal claims and narrow issues, not as an unfair substitute for trial. See Graves v. P.J. Taggares Co., 94 Wash.2d 298, 302-03, 616 P.2d 1223 (1980) (summary judgment only appropriate when facts are susceptible to only one interpretation). Accordingly, we construe facts in the light most favorable to the nonmoving party in reviewing a motion for summary judgment. Wendle v. Farrow, 102 Wash.2d 380, 383, 686 P.2d 480 (1984)
Rudolph Babcock married Ann Babcock in 1970. In 1970, Ann Babcock already had two daughters from a previous marriage to Dan Long, Angela Long, aged 3, and Aryn Long, aged 2. The marriage between Rudolph and Ann produced two more daughters, Erika and Beth Babcock.
In 1978, Ann Babcock committed suicide in Louisiana, where the family had moved earlier that year. In July 1981, a Louisiana court determined that the children were in need of care. Exhibit 2, at 325-26. The Louisiana court held a 4-day adjudicatory and dispositional hearing during which the court indicated that Lee Michael, who was present, could not have custody of the children. Exhibit 2, at 432-35. The court issued an order placing the children with Rudolph Babcock's parents, Elizabeth and Willis On August 31, 1981, Michael visited caseworker Tyler at the DSHS office. Clerk's Papers, at 3585. Tyler made a note in the service record kept by caseworkers to complete a home study of the Michael and Babcock homes. Clerk's Papers, at 3586. On October 2, 1981, DSHS was notified that Michael had taken Aryn Long to the residence of his sister-in-law. Clerk's Papers, at 3392, Admission 4. Later that evening DSHS placed Aryn in 72-hour protective custody at the Michael residence. Clerk's Papers, at 3392-93, Admissions 5-7. On October 6, 1981, an attorney representing DSHS requested that their counterparts in Louisiana obtain an order from Louisiana relinquishing jurisdiction to Washington, subject to acceptance by the Washington court. Clerk's Papers, at 3463. The next day the Louisiana Department of Health and Human Resources obtained orders from the Louisiana court relinquishing jurisdiction and requiring Rudolph to leave his parents' home where he had been residing with his children. Clerk's Papers, at 3463.
Babcock of Richland, Washington. On August 25, 1981, Washington's Department of Social and Health Services agreed to supervise the Babcock placement pursuant to an interstate compact. See RCW 26.34
On October 16, 1981, DSHS again took Aryn from her grandparents' home with Michael's assistance. Clerk's Papers, at 3395, Admission 17. DSHS first placed Aryn in a foster home and 2 or 3 days later moved her to the home of Marilyn Wallace, a friendly neighbor of Michael. 2 Clerk's Papers, at 3398-99, 3563. Aryn Long's deposition indicates that Michael may have begun sexually abusing her while she was at the home of Marilyn Wallace, before DSHS On November 5, 1981, the juvenile division of Benton County Superior Court accepted jurisdiction in an ex parte proceeding. On December 3, 1981, DSHS placed Angela Long with Marilyn Wallace without providing either Rudolph Babcock or the grandparents with notice or a hearing. Clerk's Papers, at 3396-97, 3403, 3405.
secured a court order placing her with Lee Michael. 3 On November 4, 1982, caseworker Tyler entered a notation in the service record indicating she planned to recommend placement of Angela and Aryn Long with Lee Michael. Clerk's Papers, at 3601-02
On January 8, 1982, Tyler prepared a document labeled "Court Summary and Agency Plan" which recommended placement at the Michael home. In preparing this document, Tyler never asked anyone whether Michael had a criminal background. In fact, Michael had a criminal record dating back to 1967 which included charges of forcible rape, sexual assault, and attempted rape.
In February 1982, Rudolph Babcock took the two remaining girls, Erika and Beth, with him to Wisconsin. DSHS obtained a warrant for Rudolph's arrest on custodial interference charges and an ex parte order of requisition for the return of the Babcock girls through interstate compact procedures. The arrest warrant was later quashed.
On March 30, 1982, the Benton County juvenile court conducted a dependency review hearing pursuant to former RCW 13.34.130(3) (1987). 4 Babcock I mischaracterized this hearing and several others as dispositional hearings. Babcock I, at 86-87, 768 P.2d 481. Dependency review hearings determine whether court supervision of a child will continue. Former RCW 13.34.130(3) (1987). Dispositional hearings, on the other hand, establish where children being removed from their parents will be placed and what services will be The caseworkers placed Erika and Beth Babcock first with Michael's sister-in-law, Sandra Hanson, and then, 2 days later, with Lee Michael. Clerk's Papers, at 3407. They placed these children with no court order authorizing this placement and without providing Rudolph Babcock with notice or an opportunity to be heard. Clerk's Papers, at 3408; 3435.
required. RCW 13.34.110; RCW 13.34.120. 5 At this dependency review hearing, DSHS submitted a copy of caseworker Tyler's home study report on the Michaels which recommended placing Angela and Aryn at the Michael home. The court accepted the caseworker's recommendation without reading the home study [809 P.2d 147] report, accepting evidence, or delaying action until Rudolph Babcock, who had raised the Long girls, returned from Wisconsin. Clerk's Papers, at 3488, 3498. 6 A Wisconsin court remanded Rudolph Babcock's natural daughters, Erika and Beth, to the custody of the Washington DSHS on April 14, 1982
On May 4, 1982, the juvenile court attempted to hold another dependency review hearing. Because the Louisiana court had failed to produce any findings of fact and conclusions of law or a transcript of the 1981 dispositional hearing, the juvenile court continued the review hearing to permit the issue of the girls' dependency to be fully addressed. The court ordered that all of the girls were to The juvenile court commissioner held a full dependency review hearing on August 26 and 27, 1982. At that hearing, all parties were represented by counsel. The court heard testimony from the girls' therapists, social service caseworker Bronson, a family counselor, Lee and Janet Michael, and Rudolph Babcock. At the end of the hearing the court did not terminate the dependency, but instead ordered the girls to remain with the Michaels. The court held several subsequent dependency review hearings.
remain at the Michaels, where DSHS had placed them, until the next hearing.
In October 1983, it was discovered that Lee Michael had sexually abused the four girls, as well as his own daughter. Lee Michael was subsequently convicted of three counts of statutory rape and two counts of indecent liberties and sentenced to 55 years in prison.
Because this opinion addresses the caseworkers' claims to absolute immunity based on the alleged intimate connection between their actions and the judicial process, the facts relevant to this issue must be discussed at the outset. Caseworker Tyler never appeared in any judicial proceeding at any time and the trial court did not...
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