Lisa Hanneman Gets Her Settlement
Published on May 8, 2008
The State of Washington has paid $12,000 as part of a settlement with Lisa Hanneman, a Spokane Valley mother who was unjustly denied access to her severely disabled son following the death of her son’s father. Hanneman is represented by the Center for Justice.
The settlement, concluded this week, stems from a series of actions by state social workers and Pend Oreille County law enforcement officials in July 2004. Hanneman was on a camping trip when she learned her son’s father-with whom her son was living-had died. Before she could reach her son, however, state officials decided
that because of her son’s disabilities and because Hanneman had sought mental health treatment several years previously, she should be barred from taking custody. Pend Oreille County sheriff deputies intervened to block her access to her son. State officials then tried to use state guardianship procedures to place the child in a guardian’s care, rather than allowing Hanneman custody.
Lawyers for the Center for Justice quickly intervened on Hanneman’s behalf, arguing that she had been unjustly denied her constitutional rights as a parent, in violation of a Washington statute that sets out clear procedures for removing children from a parent’s custody. Those arguments prevailed and Hanneman was reunited with her son, but not before being denied access for more than three weeks.
“What happened in this case is that the state overreached and took control of a profoundly disabled child for 25 days,” says CFJ attorney Terri Sloyer. “This settlement awards monetary damages for Lisa being unjustly denied access to her child. It also stipulates to important reforms in the way state and county officials will handle child custody cases like this in the future.”
Under terms of the settlement, approved April 7th by the state attorney general’s office, the state’s Department of Social and Health Services (DSHS) agrees to circulate a notice explaining that guardianship procedures cannot be used in lieu of the primary state law and procedures for resolving custody issues. The agreement also requires DSHS to appoint a representative who will meet with Hanneman “to discuss the chain of events giving rise” to the lawsuit.
Posted May 8th