Two young men say DSHS failed to protect them 

10:45 PM PDT on Wednesday, July 27, 2005

By ELISA HAHN / KING 5 News

SEATTLE – For years, they endured unimaginable abuse at the hands of their adoptive father, and despite all the complaints reported to the state, two brothers in Lewis County say the Washington State Department of Social and Health Services did not do enough to stop the abuse.

The two young boys were placed into the home as foster children and were eventually adopted by the same family in the early 1990s. But for 10 years, they say, their adoptive father, Terry Swann, raped and molested them.

Now those boys are young men who say the state never heeded the calls for help.

The abuse did not go unnoticed and Jonathan says as a boy he unwittingly told others about the molestation, and for ten years, letters, e-mails and phone calls from concerned citizens, counselors, even school officials came in to DSHS with allegations of physical abuse, molestation, and that the kids were living in horrible conditions.

Delilah Michael, a children's advocate, was hired as a private investigator in 1995 by Timothy's biological grandparents to check out the home in Toledo, Washington.

She befriended the family and secretly started taking notes and photos.

KING

Timothy and Jonathan Swann

She says the house was in deplorable conditions and unfit for any child. She was further disturbed by the physical abuse she witnessed of the two boys and bizarre comments by their adoptive father.

Like many others, she forwarded her information to DSHS.

Attorney Tyler Firkins claims when caseworkers came out to the home they failed to conduct an adequate investigation.

According to the Child Protective Services practices and procedures guide, in a case that has been given a "high risk tag" such as this one, the social worker must "interview the victims face to face" and make sure "the presence of a third party will not jeopardize the investigation."

But according to Timothy and Jonathan Swann, the caseworkers who came to the home never questioned them away from their parents.

Finally, in March 2001, Jonathan confided to a family friend about the molestation.

Terry Swann was caught and pleaded guilty to child rape and child molestation. He was sentenced to 19 years in prison.

DSHS, in a written statement, called the abuse "deeply regrettable," "Mr. Swann's heinous crimes were well-concealed," and "numerous private and public officials and experts interacted with the family and determined there were no problems."

At 23, Jonathan has already served time for drug charges. Timothy at 18 is on his own and unemployed.

The two boys, made brothers through adoption and bound together by the abuse they endured, wonder where they would be now if the state would have helped them.

The attorney representing the Swann brothers has filed a lawsuit against DSHS on Jonathan's behalf. It is scheduled to go to trial in the fall.

The attorney says Timothy's lawsuit will soon follow.

The boys' adoptive mother, Rose Swann, is still married to Terry. She claims she never knew about the molestation and also says she wants nothing to do with the two boys.