Mckinney v. State

950 P.2d 461 (1998)

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Nature of the Case

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Facts

McKinney (P) adopted a child through DSHS. The child's name was Abby, and they came to know her when she was 2.5 years old and babysat for the foster parents who were watching her. From this contact, P knew that Abby had behavior problems that were characterized by 20-30 temper tantrums per day, that maybe she had been sexually abused, and that she experienced other manifestations of conduct such that she could in no way be considered a normal child. Ps despite the problems decided to adopt the child even before they talked to a social worker. There were indications that the child suffered from fetal alcohol syndrome and may have been born prematurely and there was no indication that the current problems the child was experiencing would not continue. Ps went ahead with the adoption anyway and filed for an adoption support subsidy. The adoption was completed. Ps did not receive all the medial information regarding Abby until after the adoption was completed. Those records indicated possibilities of alcohol abuse, sexual abuse, and Downs Syndrome. P sued D over their failure to disclose information as was required under the law. The jury found D guilty of negligence but also found no liability as their negligence was not the proximate cause of the damages to P. Both parties appealed.