Adoptive Parents Of Disabled Girl Sue State Suit Says They Weren’t Told The Extent Of Her Problems

A Tacoma couple who adopted a young girl after caring for her as foster parents for five years says the state never informed them of the extent of her physical and mental problems.

In a lawsuit filed against the state, Tollison and Victoria McKinney say they should have been told more about the background of their adopted daughter Abby, 13.

But lawyers for the state argue that children don’t come with a warranty. They also say the parents were informed it was possible she suffered from a variety of problems long before her adoption.

The trial in Pierce County Superior Court began last week. It’s expected to run through the end of the month, court officials said.

The McKinneys adopted Abby in 1990, after caring for her as foster parents for about five years.

Because she was exposed to alcohol in the womb, Abby is developmentally disabled, has attention deficit disorder, temper tantrums and is hyperactive, among other conditions.

According to court documents filed by the plaintiffs, Abby’s biological mother had a history of drug and alcohol abuse prior to giving birth to her two months premature on Oct. 13, 1982.

After birth, Abby was placed on a respirator but suffered permanent brain damage.

Abby was removed from her biological mother’s home in March 1984 because of neglect and alcohol abuse. Department of Social and Health Services records indicate the girl was tested for FAS in 1984 and 1985.

On June 16, 1986, Abby’s court-appointed guardian ad litem reported to the court she has been diagnosed as a probable FAS child. The McKinneys assert that Abby’s medical and family background provided them by the state contained none of this information. They say they also weren’t told she may have been abused while on home visits with her biological family.

But lawyers for the state Attorney General’s office maintain the McKinney family knew much about Abby’s condition before they signed her adoption papers.

“They had custody of the child as foster parents for four years (from Aug. 1, 1986) and knew from the onset she was not a normal child,” the lawyers said.

Before the adoption, the family even sought out information from experts at the University of Washington Fetal Alcohol Clinic, state lawyers note in court documents.