The Office of the Family and Children’s Ombudsman (OFCO) was established to work independently on behalf of children in need of state protection and on behalf of families and children who are involved with the state because of child abuse and neglect issues. As an independent office within the Office of the Governor it is OFCO’s mission to protect children and families from potentially harmful acts or omissions by governmental agencies. It is also OFCO’s mission to identify significant problems and recommend improvements in the child protection and welfare system.

Pursuant to its authority under RCW 43.06A.030, OFCO has reviewed the involvement of the state Department of Social and Health Services (DSHS), Children’s Administration (CA), Division of Children and Family Services (DCFS), in the 1994-95 Wenatchee child sexual abuse investigations. The Wenatchee child sexual abuse investigations (hereafter referred to as the Wenatchee investigations) were conducted jointly by local law enforcement officials and DCFS Child Protective Service (CPS) social workers. These investigations involved allegations against more than 80 adults, and led to the prosecution of 38 people in 1994 and 1995 in Chelan and Douglas counties.

Many of the cases involved allegations that groups of adults had sexually abused their own and other people’s children. Ultimately, 25 people were convicted of crimes involving sexual abuse against children. Of these, 17 defendants pled guilty and were sentenced, while eight individuals were convicted at trial. Of the remaining thirteen defendants, three were acquitted of all charges, eight had their charges dismissed, and two had their charges reduced to non-sex offenses. In addition, these investigations led to the temporary or permanent removal of at least 42 children from the care of their parents.

The Wenatchee investigations have been the focus of intense and enduring controversy. Techniques allegedly employed by law enforcement and CPS investigators in eliciting statements from suspects and alleged child victims have come under public criticism, and formed at least part of the basis for state appellate court decisions to reverse or vacate criminal convictions. Law enforcement officials and CPS social workers, however, have consistently maintained that their investigative techniques were appropriate. Some convictions have survived challenges that were based on investigators’ techniques. Earlier this year, a civil jury determined that law enforcement and CPS investigators did not violate the civil rights of the children and the acquitted defendants who had filed the suit.

Consistent with its organizational mission, OFCO conducted this review for the purpose of identifying potential systemic problems with respect to:

• How CPS social workers conducted themselves in child sexual abuse interviews.
• How those interviews were documented by CPS social workers.
• The provision of state-contracted mental health services to possible child sexual abuse victims.

Specifically, OFCO sought to determine whether new or stronger safeguards are needed to protect children who are the subject of investigative interviews, and to ensure that possible child sexual abuse victims are provided with appropriate mental health services.

OFCO’s review represents the first full-scale independent review of the Wenatchee investigations by a government agency. In early 1996, United States Attorney General Janet Reno declined a request by then-Governor Mike Lowry to undertake a review of the investigations for potential criminal civil rights violations. Reno said her office lacked jurisdiction because the allegations stated that psychological coercion, not actual physical force, had been used by investigators in eliciting statements.

OFCO’s review commenced in April 1998 and concluded in November 1998. The scope of the Wenatchee investigations encompassed allegations involving over 80 adults and at least 55 children. While OFCO’s review included the allegations involving these 135 individuals, this review pays particular attention to the 19 families documented in DCFS files who were allegedly involved in intra-familial or group sexual abuse in Wenatchee. The review also focused on allegations involving third parties, and events that allegedly occurred at a church in East Wenatchee and a foster home licensed by DCFS.

The OFCO investigative team reviewed over 60,000 pages of documents. These documents included DCFS case files; police reports, court transcripts, media materials, and other documents produced by private individuals. OFCO interviewed over 40 individuals including DCFS staff, attorneys, foster parents, state-contracted therapists, defendants, and children no longer in state custody who indicated a desire to speak with OFCO investigators. OFCO did not attempt to conduct investigative interviews of children who are still in state custody. Instead, these children were contacted by OFCO to determine whether they wished to discuss their general views and experiences regarding the child protection and welfare system. OFCO then met with those who indicated a desire to speak with OFCO staff.

OFCO investigators encountered insurmountable constraints in their attempt to establish the facts of "what happened" in Wenatchee. These constraints include issues of incomplete and missing documentation, fading memories, the reluctance of some individuals to speak to OFCO investigators, and concerns regarding ongoing litigation. In addition, some state-contracted therapists would not speak with OFCO because they were uncertain whether they could lawfully divulge confidential information about their current or former clients.

To assist in understanding the diverse and complex issues presented by the Wenatchee investigations , OFCO convened a multidisciplinary panel of professionals from Washington State and across the country. The panel helped answer OFCO’s substantive questions, in addition to raising issues and providing feedback on the review and final report. The panel’s role was advisory only, and intended to provide OFCO with diverse expertise and perspectives; it was not convened to help author or to endorse this report. Panel members generously volunteered their time and professional expertise to OFCO. OFCO also consulted with a child and adolescent psychiatrist, and a clinical psychologist regarding state-contracted mental health services provided to the children in Wenatchee.

The 1994 and 1995 Wenatchee sexual abuse investigations present a progression with regard to the kinds of allegations that are made in child sexual abuse cases. Specifically, the investigations present a progression from the types of allegations that are:

• Common: Abuse of a child by a single family member or friend, to those that are

• Less Common: Abuse of several children by both parents, and/or their friends, to those that are

• Uncommon: Organized and systematic abuse of many children by many community members.

It is possible that either the uncommon occurred and the events actually unfolded as alleged, or something went wrong in the child abuse investigative system resulting in factual distortions. Possibly a combination of the two occurred. Unfortunately we will never know for sure which of these possibilities is true. The investigative process was not well enough documented to allow external reviewers to ascertain whether the kinds of mistakes that can cause factual distortions occurred. Moreover, constraints encountered during the course of OFCO’s review have made it impossible to establish the underlying facts with a reasonable degree of confidence.

Nonetheless, OFCO has made observations, findings and recommendations on the following issues:

• Interview Documentation
• Child Interview Practices
• Cross-Discipline Collaboration

OFCO’s observations consist of documented or alleged events in Wenatchee that illustrate investigative errors that experts agree can increase possibilities of factual distortion. These observations do not constitute factual findings. Rather they are a neutral presentation of events as they were documented or alleged by others. In most instances, the events are disputed by other participants or witnesses. Without attempting to resolve these factual disputes, OFCO presents these alleged events as observations because they are representative of investigative activities that were frequently documented or alleged in Wenatchee, and that experts agree can increase the possibility of factual distortion.

OFCO’s findings relate to current state laws, policies and procedures. Based on these findings, OFCO is able to make recommendations about state law and CA polices and procedures which, had they been in place and followed in Wenatchee, may have minimized the possibility of factual distortion. In addition, they would likely have ensured a more complete record for making the kind of review that we have undertaken. If put in place now, these recommendations may reduce the possibility of factual distortion and create a better record in the future.

OFCO’s findings and recommendations are as follows:

Research has shown that interview questions carry different risks of influencing answers. Accordingly, to assess the presence or absence of improper interview techniques and the risk of factual distortion, it is necessary to know an investigator’s specific questions and children’s specific responses.

OFCO has found that current law and DSHS documentation policies are not sufficient to ensure that child interviews are documented in a manner that permits meaningful external review. They do not require that interviews be documented contemporaneously or pursuant to a standard format.

OFCO recommends that CPS social workers be required to document child interviews in a verbatim or near-verbatim manner that captures which questions are asked, in what order, and the exact answers are given to the questions. The exact language is critical for effective forensic evaluation and for any external review.

Skilled interviewing practices are critical to enhancing the accuracy and completeness of children’s reports of abuse. There is widespread consensus among experts that the competent implementation of certain interview principles increases the probability of eliciting complete and accurate information from children.

OFCO has found that there is currently no requirement that every CPS social worker receive specialized or ongoing training in effective investigative and interviewing techniques. OFCO has also found that state-contracted therapists who conduct sexual abuse evaluations, or who treat sexually abused children in state care, are not required to have any specialized and/or ongoing training about sexual abuse.

OFCO recommends that specialized and on-going training in child sexual abuse investigative and interview practices be required of all CPS social workers. OFCO also recommends that the Children’s Administration commission an external review of therapists’ reports in child sexual abuse cases to determine whether it should require therapists to have specialized or ongoing training regarding sexual abuse. OFCO further recommends that the Children’s Administration consider establishing a consultation network consisting of a core of skilled and experienced therapists who would be available to consult on difficult cases.

Appropriate cross-discipline collaboration can be an effective factor in reducing factual distortion in child abuse investigations. Child abuse cases involve legal, social, and psychological issues that must be addressed by a variety of professionals ranging from prosecutors and law enforcement personnel to CPS social workers, therapists and physicians. Widespread consensus exists that effectively addressing the issues of child abuse requires the efforts and coordination of many agencies and disciplines.

OFCO has found that CPS social workers are provided with minimal direction or training in effective cross-discipline collaboration. As a result, CPS workers are left to establish and work within collaborative relationships with law enforcement agencies and other disciplines without the benefit of specific guidance or formal training on the goals, expectations and limitations of cross-discipline collaboration.

OFCO recommends that local jurisdictions be required to establish cross-discipline collaborative protocols that include elements that are recognized by researchers and practitioners as being essential for effective collaboration. Mandatory elements to be included in local protocols could be developed by a state-level task force in which key disciplines are represented. OFCO also recommends that joint training opportunities on cross-discipline collaboration be enhanced for CPS social workers and professionals from other disciplines.