TACOMA, WASHINGTON – The State of Washington Department of Social and Health Services has agreed to pay $9,000,000 to A.M, a woman who was severely sexually and physically abused at a pre-adoptive foster home in Pierce County from 1997 to 2004, starting at age 6. The settlement will allow the Department to avoid a long jury trial that was scheduled to begin on September 8, 2025, before the Honorable Ingrid McLeod in Pierce County Superior Court.
In her lawsuit, A.M. alleges she was sexually abused by her foster mother, Sabrina Miller’s live-in-boyfriend, Carlos McFann. The foster mother and her romantic partner moved to several homes in the Tacoma area throughout the placement, often without notifying the Department for long periods of time. Plaintiff was also badly physically and emotionally abused throughout the placement by her foster mother. The placement ended with the Department signing off on A.M.’s adoption in August 2003, despite alarming red flags of neglect and danger within the home over the preceding years.
After the State placed A.M. at the Miller home, the Department’s social workers failed to check in on her every 90 days as required by law, at times allowing more than 200 and 500 days to pass between visits. During the times the Department did check in on A.M., the social worker usually met with her in front of Ms. Miller and therefore A.M. did not feel comfortable to speak up about any problems or abuse.
The foster care placement lasted 6 years during which time A.M.’s mental health and overall development grew increasingly worse. The foster mother failed to take A.M. to school for 38 days in first grade, 50 days in second grade, and 30 days in third grade. When the school raised concerns, the foster mother refused to cooperate or respond. Yet, the social worker responsible for supervising the placement reported to the Court over and over that A.M. was “progressing in school” and appeared to mistakenly believe that A.M.’s academic struggles, as being reported in the latter years of the placement, were due to her prior foster parent not taking her to school. During the placement, A.M. was faced with ongoing instability and neglect. The family was evicted, at times homeless, without income, and without power, electric, and other basic needs.
During the placement, concerns were also voiced that the foster mother’s boyfriend was living in the home and had not been background checked, as required. The Department knew Ms. Miller had two biological children but never sought to identify the father, although in 2001 learned during the adoption home study that he was “very invovled” in A.M.’s life. Ms. Miller deceived the Department and denied that her boyfriend and father of her children lived at the home. Ultimately the Department never looked further into the matter, even after receiving a direct report shortly before the adoption was finalized, identifying the man by his full name and reporting that he was living in the foster home, was the father of Sabrina Miller’s two children, and was a convicted felon with warrants out for his arrest. A simple background check would have revealed Mr. McFann had multiple disqualifying criminal convictions, including for drug trafficking and domestic violence. His criminal records, and other public records, further showed he lived at the same residences as the foster mother, had been evicted from the same residence, and was being accused of serious domestic violence by the same woman who later contacted the Department to report her concerns about his presence in the foster home. Decades later, Mr. McFann was also convicted of rape charges against a disabled adult woman that led to his incarceration.
In August 2003, the Department endorsed the adoption petition sought by Ms. Miller and assured the Court that the home was healthy and safe and that A.M. was thriving, even though the Department had had little contact with A.M. over the last six years.
The Department’s records show several social workers were frustrated, suspicious, and exhausted with the Miller foster home throughout the placement. However, instead of looking for a better placement option or even investigating the concerns, A.M.’s case was pushed towards adoption.
Attorneys Vincent Nappo and Caroline Golshan of the law firm Pfau Cochran Vertetis Amala PLLC were lead trial counsel on the case and were planning to try the civil case in front of Judge McLeod. PCVA has offices in Washington, New York, and California, and has handled numerous foster care abuse cases over the last 15 years. Their firm also works extensively on cases involving sexual abuse at schools, youth athletics, churches, day care centers, group homes, and hospitals.
According to Nappo, “This is one of the most severe cases of abuse and neglect we have seen at a foster home. We are inspired by A.M.’s courage to bring this important lawsuit and shed light on the many challenges our foster care system faces. We appreciate the Department’s handling and cooperation in such a difficult and emotional case. It should be noted that the Department was greatly misled and deceived by Ms. Miller throughout the placement, although that does not excuse overlooking critical safety requirements, such as face-to-face visits and criminal background checks.”
Attorney Golshan added: “A.M. is ecstatic about the settlement and hopes her story will inspire other abuse survivors and foster children to speak out and to seek help when they are in danger.”