Mattawa day-care workers' lawsuit certified

YAKIMA — A judge has certified as a class-action a lawsuit filed by day-care providers in Mattawa, Grant County, who have accused the state Department of Social and Health Services (DSHS), Grant County and the city itself of discrimination.

The lawsuit stems from a DSHS investigation into alleged overpayments of state and federal money used to subsidize child care for low-income families. That investigation led to a state auditor's report that estimated DSHS had overpaid the women more than $800,000 because of falsified and inaccurate attendance records.

However, the state withdrew its overpayment notices in February without comment. In two separate lawsuits filed after that decision, 30 day-care providers accused the state of violating their civil rights by improperly questioning their immigration status.

The suits also allege investigators entered the licensed home day cares and confiscated documents without warrants.

U.S. District Judge Edward Shea in Richland consolidated the two cases for discovery purposes and certified the case as a class-action lawsuit Tuesday.

Both cases seek changes in DSHS methods for inspecting home day-care businesses, as well as damages.

The state had opposed the class certification but accepts the judge's ruling, said John McIlhenny, assistant attorney general with the torts division, which is representing DSHS.

"This is really just about a single event," McIlhenny said, referring to the investigation. "It's not something that should necessarily apply to a broad statewide class."

But under the statute, any action by the defendant that can be construed as a violation of a class as a whole could result in class certification, he said.