In suit, foster mother alleges DSHS abuse

An award-winning foster mother -- who, according to her lawyer, was a "thorn in the side" of the Department of Social and Health Services -- is suing the state agency, saying that it falsely accused her of emotionally abusing children and stripped her of her foster-parent license.

DSHS once named Kathie Costanich of Kent "foster parent of the year," said her attorney, Carol Farr.

But all that changed after Costanich, a former president of the Foster Parents Association of Washington State, alienated DSHS workers by helping other foster parents navigate the state system, Farr said.

In a lawsuit filed this week in U.S. District Court accusing DSHS of violating Costanich's civil rights, Farr describes how DSHS employees targeted the foster mother and her family of six kids -- including three judged by the state to be sexually aggressive.

But state assistant attorneys general representing DSHS said yesterday that the facts portray Costanich as viciously cursing at the children in a humiliating manner.

The problem began in 2001 when "an angry 15-year-old" foster son made allegations through his therapist against Costanich of what Farr would describe only as "emotional abuse."

DSHS' Child Protective Services "supposedly did an investigation," Farr said.

"But they never interviewed one doctor or one therapist of any of the six kids in the house," she said.

Instead, they told Costanich that she would be charged with "emotional abuse" and that if she challenged their finding, they would also remove two girls, ages 5 and 9, whom Costanich had raised since they were babies.

In the meantime, "they pulled three of the kids from the home," Farr said.

Costanich challenged the finding by seeking an administrative hearing.

Child Protective Services "promptly retaliated by filing a motion in Superior Court to remove the girls and terminate their guardianship" without alleging any legal basis to do so, according to the lawsuit. DSHS also began a proceeding to revoke Costanich's license.

After 19 days of testimony by 38 witnesses, an administrative law judge concluded that there was no abuse and that "the children were thriving in this home," Farr said.

But a DSHS appeals board reversed that ruling. All the children but the two girls have been removed from Costanich's home.

The appeals board found that Costanich confronted one teenage boy in her care who she accused of looking at a woman with binoculars and yelled: "Stop ... lying, tell the truth, I'll kill you, bastard."

In numerous other instances, the appeals board found that Costanich used similar phrases, including "Clean your dirty room, you stupid bitch," said Assistant Attorney General Lisa Erwin.

Assistant Attorney General Michael Johnston cited a Court of Appeals precedent-setting ruling that the use of such profanity constitutes "humiliating discipline, in violation" of state rules governing DSHS and foster parents.

Costanich's federal lawsuit alleges that CPS conducted a "malicious investigation" that did not include interviews with key witnesses, not even the angry 15-year-old boy who made the original accusation or the therapist who called that allegation into CPS.

In charging the state agency with intentional infliction of emotional distress, the suit asserts that "CPS/DSHS acted outrageously when they learned that their CPS investigator had materially misrepresented witness statements and her investigation, but even so, continued to support the finding of abuse."

P-I reporter Paul Shukovsky can be reached at 206-448-8072 or paulshukovsky@seattlepi.com

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