$22 Million claim filed in case of starved boy *update*

[Roo]

$22 million claim filed against state in case of starved boy

02:19 PM PST on Thursday, December 20, 2007
http://www.king5.com/topstories/stor....34b5c027.html

By SUSANNAH FRAME / KING 5 News SEATTLE -

KING 5 News has learned that a $22 million claim has just been filed against the State of Washington for allegedly failing a little boy who nearly starved to death in Snohomish County.

The claim comes just one day after the boy’s father and his girlfriend were convicted by a Snohomish County judge of criminal mistreatment in the case.


KING
When Shayne was rescued, he weighed half of what he should weigh.

Shayne Abegg, who at the time was 4 1/2 years old, weighed approximately 22 pounds when Snohomish County deputies rescued him from his father’s Everett apartment in March of this year. A child that age should weigh twice that amount.

Deputies have reported that Shayne could barely walk when they arrived. He was rushed to the hospital in critical condition, suffering from malnutrition and hypothermia due to his complete lack of body fat.

Danny Abegg, Shayne’s father, told detectives he withheld food from his son as a form of punishment.

The claim, filed Thursday morning by Seattle attorney David P. Moody, of Hagens, Berman, Sobol, Shapiro, who specializes in cases of abuse and neglect, says the state missed the pattern of abuse that led to they boy’s near starvation.

“Time and again, DSHS received warnings that this little boy was being starved and neglected,” said Moody. “This claim holds DSHS accountable for its unwillingness to do the job it was being paid to perform.”

Just last week KING 5 was the first to report that the state itself was critical of the way state social workers and their supervisors handled this case. In an Executive Review of the Abegg Case authored by child abuse experts from inside and outside DSHS, the experts wrote that “The pattern of abuse was missed by the department,” and that “The department missed several opportunities for more intensive intervention.”

Moody said, “The Executive Report is detailed an unvarnished. DSHS admits that it failed to protect Shayne. The public should be outraged.”

Shayne Abegg is living in the area in a safe environment.

[PinkSuadeSoho]

Sick father. Using starvation as punishment. KARMA.

[Roo]

What is worse is that the STATE knew this was happening and did NOTHING!!

[BagAngel]

Dear God! What poor unfortunate children have to suffer! Heads should roll over this & that father should be severely punished! Hope the little boy will be well cared for now & never sent back to him!

[HauteMama]

There are alley cats who are better parents than some people. And child-abusers and child-killers NEVER get the time they would get if they did the same thing to another adult. This country simply doesn't value its children and it makes me ill.

[Speedy]

HauteMama is right, Alley cats are better mothers than this! Heck, my little spayed terrier is a better mother, she tried to nurse a stray kitten we'd found at out front door. BUT~ The authoritites KNEW about this whole mess! I do not understand how it could have gone on for so long!

[Roo]

DSHS in the State of WA is a shameful excuse for an agency... trust me, they are worse than even what you're reading in this case.

[GUNG]

Am I missing this fact...who filed the suit for the 22 million?

[Roo]

Originally Posted by GUNG

Am I missing this fact...who filed the suit for the 22 million?

The boy has his own attorney who has filed the claim.

Click HERE to watch the video of the investigation on this:
http://www.king5.com/topstories/stor....34b5c027.html

Here's more about this:

Investigators: $22 million claim filed against state in case of starved boy By SUSANNAH FRAME / KING 5 News


$22 million claim filed

EVERETT, Wash. - A $22 million claim has been filed against Washington State in the case of a little Snohomish County boy who was nearly starved to death.

Shayne Abegg was rescued from his father's apartment in March of this year. After that, the KING 5 investigators requested internal documents from the Department of Social and Health Services to try to figure out what went wrong.

KING 5 found there were many more red flags showing something was terribly wrong in that house than have been reported before, but somehow, the clues were missed.
Firefighters who rescued Shayne, who was 4-1/2 years old at the time, say he was the most malnourished, emaciated child they had ever seen.

Firefighter Joe Hughes, who testified in court Monday against Shayne's father, said the boy was laying in soaking wet clothes and couldn't even stand up.

"A very sick little boy, who was not well cared for, and in immediate need of medical attention," said Hughes.

Shayne's dad and his girlfriend were convicted Wednesday of nearly starving the child to the point of death. Prosecutors are asking for an exceptional sentence of 10 years in prison.

The judge said it was the two of them, and state case workers, who let this boy down in every way.

"Every adult in Shayne's life had failed him until Marie Mitchell called CPS in March of this year," said Snohomish County Superior Court Judge Tom Wynn. "It's apparent to this court that Shayne's condition didn't develop over days or weeks, but over months."

Shayne's attorney, David P. Moody, filed the $22 million claim against the state Thursday, saying DSHS should have taken Shayne out of the abusive environment.

"Time and again, they had warnings that this little boy was being abused and neglected and they failed to act. It almost cost little Shayne his life," said Moody.
By examining more than 200 DSHS documents and memos covering an eight month period, the KING 5 Investigators found there were a slew of red flags that weren't taken seriously by the department:

- A neighbor reported Shayne and his brother were being starved. A babysitter reported the same thing.
- The boy's father said the kids were hoarding food.
- A police officer called saying he'd seen a large bruise on Shayne's forehead while shopping at Wal-Mart. A neighbor called about the same bruise.
- A counselor told DSHS the dad was locking up food and punishing the kids if they got into it.
- The school called to say Shayne's brother had bruises on his ears. His dad explained them away with three different stories.
- A social worker saw a large bruise on Shayne's head.
- The same worker wrote there's a pattern of Shayne being isolated in his room and that he looked scared in the home.
Social workers did try to help Shayne. They visited the home multiple times, suggested counseling, and urged the parents to leave food out for the kids.
In the end, it wasn't enough.
"DSHS botched it. They failed to protect Shayne Abegg, which led directly to the abuse that he suffered," said Moody.

In reviewing all those documents, KING 5 found that state workers violated state policy and law in this case. They are mandated to call police whenever there is an allegation of abuse or neglect of a child. On several occasions, that didn't happen.

[madamefifi]

Originally Posted by HauteMama

There are alley cats who are better parents than some people

All cats--in fact, all animals---are better parents than some people. I don't know why people always want to say "A cat would be a better mother" since cats generally are better mothers. They don't torture, starve or abuse their kittens. They don't put getting their party on or having a "man" around before their children. They fight to the death to defend their babies. Give me animals over people any day.

[Roo]

^^^

Troof de la troof!!!

[laloki]

I am so sad and distressed for that young boy - the eyes of that poor child reflect his life, I HATE with a passion people who inflict such suffering on an innocent children.

I have two children (now adults) but since they were young I have never forgotten a young boy called Daniel Valerio in Australia (his circumstances were different and tragic) but his abuse has affected me deeply. I will never forget Daniel but I am sure by now most people have and THAT should never happen.

[Danica]

This makes me sick. 22 pounds!! and the state did nothing after all that evidence that there was abuse and neglect!!! It should have only taken one visit to see that child was malnourished and at that point take him away!!!

[Sweetpea83]

Very sad story..

[Shyloo]

What a horrible tragedy.
I am glad they are suing the state
If this becomes a precident, they will be forced to do a better job.
Childern everywhere sometimes fall through the "cracks"