The Jury found that DSHS (The Agency/State) was negligent. I would like to give a special thanks to the Jury. They stayed with the case despite an almost 4 month break due to Covid-19 restrictions, they were dedicated, attentive and in my mind showed great courage and resolve to see this trial through. I think we started on February 12th and ended July 31. The visibility of this case and the amount of the damage award by the Jury are main factors. I am told the repercussions of this case and their verdict are already increasing safety for children in foster care across the nation.
Why did the Cox family sue in the first place?
We discovered that DSHS had lied about security precautions and failed to follow their own policies and procedures. We discovered this was not just a bad decision, it was a coordinated plan with the approval of management. We feel the Agency negligently moved visitation to Joshua Powell’s new residence which was not a secure location. Despite the fact that none of the visitation safety concerns had changed and despite our concerns.
The Trial exposed that there was and is a culture throughout the Agency of “reunification” as the first priority rather then “Child Safety“, the official first priority. The trial showed that the culture of the Agency was and is to this day ignoring the new domestic violence policy adopted in 2009 to help prevent familicide and to protect children. The “Social Workers Domestic Violence Policy and Procedures Guide” was rolled out in 2010 along with a training program to be taught by psychologists to insure proper implementation. The trial showed that employees where not trained on the new policies and procedures until 2013. Therefore the agency did not acknowledge emotional abuse,and other forms of abuse or properly investigate domestic violence as required using the 2010 Guide. Rather, the Agency was relying on previous training that narrowly defines Domestic Violence as (criminal) reported Physical Abuse or Sexual Abuse with bruises or marks that have been documented.(criminal domestic violence now includes emotional abuse and other forms) Many forms of Domestic Violence and Abuse do not leave visible marks, and often go unreported. The new policy and procedures require the Social Worker to investigate allegations, family history, and interview collateral sources. We found that this culture still exists today 10 years after the 2010 Guide was printed rolled out and available. In fact Agency Attorneys argued that there was no reported or documented domestic violence. Even though Susan was missing and Josh her husband was the sole Person of Interest/Suspect in her “disappearance/murder”. It couldn’t be considered because there had been no arrest or charge and no documented report of domestic violence or abuse..
What happened to Charlie and Braden was tragic, but this fight was not just for them. This fight was for all of the children who have or could meet a similar fate due to negligence from the state. This is the system we’ve all been told to trust, the lives of children are at stake. This system has failed many times in the past, as indicated by their own records of deaths of children in dependency. Now that many of the mistakes have been identified. We want the Agency to change their culture, do their jobs and protect the children. We are trying to make sure that DSHS and other Agencies across the Nation “Put Kids First”
The Susan Cox Powell Foundation will continue to help in anyway and anyone that we can to make this world a safer place, helping women and children get the help that they need to save themselves from Domestic Violence.
Thank you for all of your support.
Chuck Cox
The Susan Cox Powell Foundation
