Washington State Agrees to Nearly $80 Million Settlement in Child Welfare Cases

Record payouts resolve lawsuits alleging agency ignored warning signs before two children suffered catastrophic injuries

SEATTLE — Washington state has agreed to pay nearly $80 million to settle lawsuits alleging its child welfare agency failed to protect two children who suffered devastating injuries despite repeated warning signs about their safety.

The settlements, approved in late May, resolve claims that the Washington Department of Children, Youth and Families failed to intervene adequately in the lives of two children who were later adopted by a Pierce County family after surviving life-altering abuse and neglect.

The state agreed to pay $45 million on behalf of Leo “Bubby” Strode and $34 million on behalf of Matilda Strode, according to court records. Together, the settlements represent the largest and second-largest pretrial tort settlements ever paid by Washington state to individual plaintiffs, according to the state attorney general’s office.

The department denied wrongdoing and disputed liability but agreed to settle the cases before trial.

Allegations centered on missed warning signs

The lawsuits alleged child welfare officials repeatedly failed to act despite evidence that both children faced serious risks in their biological homes.

Leo, now 6, suffered catastrophic burns at 9 months old after a fire engulfed a shed where he was living with his biological parents in Grays Harbor County. According to the lawsuit, the agency was aware of the family's drug use, criminal history and unsafe living conditions before the incident but failed to remove him from danger.

Matilda, now 4, suffered severe brain damage after nearly suffocating while sleeping with her biological parents in Cowlitz County when she was just one month old. Court records alleged the agency had previously determined she faced substantial risks due to parental drug use and poor parenting practices but nevertheless approved a placement arrangement that allowed the parents continued access to the child.

Both children later entered the care of Sarah and David Strode of the Tacoma-Lakewood area, who adopted them and subsequently filed lawsuits against the state.

Lifelong care needs drove settlement value

The injuries suffered by the children are among the most severe ever alleged in child welfare litigation.

Leo sustained burns over roughly 75% of his body, lost both hands and multiple toes, and has undergone dozens of surgeries. Attorneys say he will require extensive medical treatment for the remainder of his life.

Matilda suffered profound neurological injuries and is legally blind, deaf and unable to speak. Her attorneys say she requires round-the-clock care and has a significantly shortened life expectancy.

After legal fees and expenses, nearly $47 million from the settlements will be placed into court-supervised special-needs trusts to provide for the children's long-term care.

Cases highlight scrutiny of child welfare system

The lawsuits raised broader questions about how child welfare agencies assess risk and respond to reports of abuse, neglect and parental substance abuse.

Court-appointed guardian ad litem Lafcadio Darling wrote that the plaintiffs presented strong claims but noted the outcome at trial remained uncertain because the state disputed allegations of negligence and was prepared to vigorously defend the cases.

Attorney David Moody, who represented the Strode family, argued the settlements reflected the seriousness of the allegations and the risks facing the state had the cases gone before a jury.

“It’s a miracle that these children are alive,” Moody said.

The settlements close four lawsuits — state and federal cases brought on behalf of each child — but they also stand as one of the most expensive reckonings in Washington history over allegations that warning signs were missed before children suffered irreversible harm.