State to pay $525,001 in public-records settlement

The state Department of Social and Health Services has agreed to pay $525,001 to two women and a teenage girl for failing to turn over public records after they filed a $45 million lawsuit against the state claiming they were physically and sexually abused by their foster father.

The records in question cover the years during which the three lived with Enrique Fabregas, a state-licensed foster parent, who was convicted of sexual exploitation of a minor and communicating with a minor for immoral purposes in 2007.

The Redmond man, who had adopted the youngest of the three by the time allegations of abuse surfaced, was sentenced to four years in prison.

The two women and the girl will each receive approximately one-third of the settlement.

They had asked for the records in preparation for their civil lawsuit against DSHS in which they claim the agency left them in Fabregas' care for years despite numerous complaints and warning signs.

DSHS spokesman Steve Williams said the agency did not intentionally withhold the records and is reforming the way it handles public records. To mitigate the risks of future public-disclosure penalties, the state plans to create a centralized records- request tracking system and train staff on record retention, Williams said.

Washington law has aggressive provisions that allow for financial damages against public agencies that fail to comply with open-record laws.

This week's settlement covers the plaintiffs' claim that DSHS withheld some public records. However, a $45 million lawsuit over the state's failure to protect the three is pending.

Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com