Deer v. DSHS

93 P.3d 195
CourtCourt of Appeals of Washington
DecidedJune 29, 2004
Docket30548-8-II
StatusPublished
Cited by1 cases

This text of 93 P.3d 195 (Deer v. DSHS) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deer v. DSHS, 93 P.3d 195 (Wash. Ct. App. 2004).

Opinion

93 P.3d 195 (2004)
122 Wash.App. 84

Shanon DEER, Appellant,
v.
DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Respondent.

No. 30548-8-II.

Court of Appeals of Washington, Division 2.

June 29, 2004.
Reconsideration Denied August 4, 2004.

Gary Alan Preble, Attorney at Law, Olympia, WA, for Appellant.

Stephen H. Hassett, Office of the Attorney General, Olympia, WA, for Respondent.

*196 SEINFELD, J.P.T.[1]

The trial court dismissed Shanon Deer's action under chapter 42.17 RCW, the Public Disclosure Act (PDA), for an order requiring Department of Social and Health Services (DSHS) to produce certain dependency records and to pay sanctions for its untimely production of the requested documents. Because chapter 13.50 RCW, which governs the disclosure of juvenile dependency records in the custody of state agencies applies, and because juvenile dependency records are exempt from PDA requirements, we affirm.

FACTS

In 2001, DSHS[2] filed a dependency action in juvenile court regarding Shanon Deer's three children. DSHS then placed the children in foster care.[3] The court appointed an attorney to represent Deer.

Deer claims that she met with Ron Wingard, Child Protective Services (CPS) supervisor, on November 27, 2001, and that she then orally requested CPS records regarding herself and her three children.[4] When she had not received the records by April or May 2002, she made a second oral request, this time of DSHS caseworker Shari Rodarte. Rodarte told Deer to ask her attorney for the records.[5]

On September 16, 2002, Deer delivered to DSHS a written request for the "complete and total records permitted by law" of her three children "and any thing [sic] else associated with them or [Deer]." Clerk's Papers (CP) at 9. The request was on a DSHS form entitled "REQUEST FOR DISCLOSURE OF DSHS RECORDS." CP at 9.

DSHS responded in writing about four days later. The response stated that DSHS was processing Deer's request immediately and would contact her when the requested materials were available. But Deer heard nothing from DSHS and, after twenty days, she called DSHS, which transferred her to the voice mail of someone named Steve. She left a message but received no response to this call or to the later two messages she left on Rodarte's voice mail.

On November 21, 2002, Deer sent Rodarte a certified letter complaining about her numerous unanswered requests and again asked for "ALL records on myself and my children." CP at 14. On December 8, Rodarte called Deer and told her that it would be cost prohibitive to obtain these records; Rodarte again suggested that Deer obtain the records from her attorney.

In early 2003, Deer explained her situation to CPS caseworker Kevin Kukas. Although Kukas indicated that he would look into it, he took no action, later explaining that he failed to act because he did not realize that Deer's request had been pending for so long.

In February 2003, Deer retained a new attorney who entered a notice of appearance in the dependency action and, in April, filed a show cause action against DSHS, alleging that it had violated the PDA. In response, DSHS provided Deer's new counsel with a copy of what it claims was "the entire child welfare case files, minus some privileged material." Br. of Respondent at 6.

Deer stated that this production contained 1161 pages and was approximately 15 to 20 percent more than DSHS had provided to her first attorney, but that she believed some items were still missing and that she was *197 prejudiced by DSHS's delay in providing her records. Thus, she continued to pursue the show cause action.

The State then responded by arguing that the PDA does not apply to the records that Deer requested. The trial court agreed and denied Deer's motion, ruling that "(1) RCW 13.50 is the sole and exclusive means to access child welfare records, under the circumstances of this case. (2) Public Disclosure Act (RCW 42.17) does not apply and is exempted by child welfare records (RCW 13.50), (3) DSHS provided records in timely manner." CP at 163.

Deer appeals each of these rulings.

ANALYSIS

The sole question before us is whether a person denied access to DSHS records in which they or their children are named can use the processes and obtain the relief set forth in the PDA. Because, as we explain below, the PDA does not provide an applicable remedy, we do not address sanctions under the PDA for noncompliance. We note, however, that we do not condone DSHS's failure to respond to Deer's requests, its failure to provide accurate information as to the correct procedure to obtain records, or what appears from the record to be its callous disregard for the dilemma of a mother enmeshed in DSHS's intricate protocols.

We resolve the question before us by interpreting the relevant statutes. Statutory interpretation is a question of law. State, Dept. of Ecology v. Campbell & Gwinn, L.L.C., 146 Wash.2d 1, 9, 43 P.3d 4 (2002). We review the PDA and DSHS's action under RCW 42.17.250-.320, de novo. Progressive Animal Welfare Soc'y v. Univ. of Wash., 125 Wash.2d 243, 252, 884 P.2d 592 (1994) (hereinafter PAWS).

We are obliged to give effect to the Legislature's intent and to do so, we begin with the plain language of the statute. Lacey Nursing Ctr., Inc. v. Dep't of Revenue, 128 Wash.2d 40, 53, 905 P.2d 338 (1995). We determine legislative intent of an unambiguous statute from the language of the statute alone. Waste Mgmt. v. WUTC, 123 Wash.2d 621, 629, 869 P.2d 1034 (1994). If the statute is ambiguous, we must construe it "so as to effectuate the legislative intent." Whatcom County v. City of Bellingham, 128 Wash.2d 537, 546, 909 P.2d 1303 (1996).

A. "PUBLIC RECORDS" UNDER THE PDA

Because the PDA applies only to public records, we first must determine whether the DSHS records that Deer requested are "public records" within the meaning of the PDA, chapter 42.17 RCW. In analyzing this question, we construe the PDA liberally to achieve its purpose of preserving "the sovereignty of the people and the accountability of the governmental agencies that serve them." Limstrom v. Ladenburg, 136 Wash.2d 595, 607, 963 P.2d 869 (1998).

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Related

In Re Dependency of KB
210 P.3d 330 (Court of Appeals of Washington, 2009)

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