Family of man missing from Rainier School in Buckley settles lawsuit against state
Loved ones of a man who went missing from a Department of Social and Health Services facility in Buckley and was never found have reached a settlement in their lawsuit against the state.
Joel Wellman, 29, walked away from Rainier School just before a storm Jan. 31, 2020.
His parents filed a wrongful death lawsuit against the state, alleging the rehabilitation facility for people with intellectual and developmental disabilities failed to properly supervise residents. The state agreed to settle the lawsuit for $2.25 million this week.
“It haunts the Wellmans to this day that they have not been able to locate his body,” Darrell Cochran, an attorney who represented the family, said Tuesday.
Crews suspended a search for Wellman several days after he went missing. They found his sweatshirt on a logging road 1 1/2 miles south of the facility.
Cochran said there were previous incidents where Wellman had walked away from the school.
“All of them were associated with events where he was triggered and was telling Rainier School that he didn’t want to be there, that he wanted to get back to the community with supports,” he said. “… The inability of Rainier School to make adjustments in how they were approaching him is a tragedy that is seen over and over again at that facility.”
A DSHS spokesperson said the agency does not comment on pending litigation or potential settlements before they’re approved by a court.
The lawsuit gave this account of what happened:
Wellman moved to Rainier School in 2013. He had developmental disabilities, including autism spectrum disorder.
“Joel required 24-hour supervision and care due to his developmental disabilities and long history of eloping,” the lawsuit said. “Because of his high risk for eloping, Joel had a line-of-sight protective supervision per his Positive Behavioral Support Plan.”
Wellman managed to leave the school at least six times between 2016 and 2020, the lawsuit alleged.
He had a history of leaving when he’d return to the facility after a visit with family.
A staff member told another who was coming on shift Jan. 31, 2020, to “keep a diligent eye on Joel,” because he’d just gotten back from a visit, the lawsuit said.
Roughly two hours later, Wellman was gone.
“To date, Joel’s body has not been found, and he is presumed deceased due to his inability to survive alone in the wilderness,” the lawsuit said. “… For years, Rainier School has ignored the need for adequate supervision of its developmentally disabled residents, including Joel. It has failed to provide adequate training and staffing to prevent foreseeable dangers and harms to residents, including Joel.”
Cochran argued focus should be put on community-based alternatives.
“It’s an absolute mystery to me why that facility continues to operate,” he said.
Another family sued last year after a woman who lived at Rainier School died from a pulmonary embolism following bunion surgery in 2017.
Staff had instructions to monitor 33-year-old JoHanna Pratt for trouble breathing, the lawsuit said. The case awaits trial, according to court records.
In 2019, the Centers for Medicare and Medicaid Services “terminated federal funding for part of Rainier School, citing the institution’s failure to meet basic safety and health requirements,” a news release from attorneys representing the family in that case said.
Asked about the facility’s certification status, a DSHS spokesperson said Wednesday that one of the Rainier School’s housing areas was closed in 2019, that two are still open and certified, and that: “The safety and well-being of our residents at Rainier School and all of our other programs remain our top priority.”
This story was originally published October 6, 2021 at 2:20 PM.
