(The Center Square) – An advisory committee is finalizing a report this week outlining ways the state can reduce skyrocketing lawsuit payouts and liability when children under Washington state supervision are harmed or killed.
But critics say the Tort Study Committee failed to include members with true lived experience, including survivors of child abuse, as required by state law.
In the one-year period between July 1, 2025, and June 30, 2026, the state paid $537 million in settlements and jury verdicts, with most of the cases originating from claims against the Department of Children, Youth and Families.
Cases include an early June settlement where the state agreed to pay nearly $80 million to settle multiple lawsuits filed on behalf of two adopted Pierce County children who survived injuries in their biological parents’ care while under the supervision of DCYF.
State Rep. Darya Farivar, the Seattle Democrat who sponsored legislation requiring inclusion of people affected by such abuse be seated on state task forces and committees, took issue with the committee’s composition.
In a Sept. 28 email to Governor Bob Ferguson, Farivar addressed her concerns.
“I am concerned that the Committee’s current direction risks losing sight of the underlying crisis: children and people with disabilities continue to experience abuse while under the care and supervision of the state,” she wrote.
“Our focus should be on developing thoughtful legislative, legal, and administrative solutions that prevent harm in our child welfare, education, disability services, and corrections systems and strengthen accountability when the state fails to protect those in its care.”
The response from Debbie Driver, legislative director for Ferguson’s office, suggested the makeup of the committee met the conditions of the legislative proviso.
“Your concern regarding missing voices from the table is an issue the Committee is not only aware of but is currently considering including in a recommendation to the legislature that any policy proposal includes a broad representation of claimant voices. Committee representation, however, reflects the direction per the proviso,” wrote Driver.
Farivar replied and said that answer failed to address what she sees as the current committee’s lack of proper representation.
“If the Committee intends to proceed despite the absence of lived-experience representation, I strongly urge that any minority report be permitted to include a full dissenting opinion including the basis for disagreement with the majority’s recommendations and the individuals who are dissenting.”
Two employees with the Washington State Association for Justice told The Center Square the Tort Reform Committee went about its mission with the wrong focus.
“I was on a committee for multiple years called the sexual assault forensic examination working group,” said Leah Griffin, deputy government affairs director for WSAJ.
“And as a survivor representative on that group, had a lot of input into laws that we passed to end the rape kit backlog, to do better trainings for police and investigators to have protocols for hospitals. We did all that great work, and having survivor voices on that committee was essential in that process.”
Those on the committee included personal injury attorneys, state and local government representatives, and victim advocates, but Griffin cited the statute that says you can’t have victim advocates take the place of actual victims on these committees.
“The Legislature passed the Nothing About Us Without Us Act that made it law that there had to be representatives with lived experience on any committee or advisory group that the legislature passed,” Griffin said.
Washington State Association for Justice Government Affairs Director Kelli Carson said not putting victims at the center in a discussion of tort reform defeats the entire purpose.
“Almost everyone in this discussion just talks about paying out all this money, with very little recognition for the fact that a jury found that entity to be legally liable for a really terrible harm….this discussion could be happening thoughtfully in a nuanced way, where we lead with harm prevention,” Carson said.
“To a lot of these people in the conversation, I would encourage you when you’re having these conversations to assume that someone you’re talking to is probably a survivor,” said Carson.
Five members of the committee signed onto a minority report obtained by The Center Square ahead of the final majority report being delivered to lawmakers.
The minority report echoed the concerns raised by Griffin and Carson.
“The most critical changes needed for legislators to help reduce the government’s exposure to liability is to take steps to ensure governmental entities hurt fewer Washingtonians, and particularly to reduce the risk of childhood abuse and neglect in our state,” read the report.
The Center Square reached out to members of the committee who did not sign onto the minority report, but did not receive a response before publication.