A Montana jury has found the state’s child protection agency negligent for failing to promptly notify police after learning that a 12-year-old girl had been raped and became pregnant. The jury awarded $5.5 million in compensatory damages for emotional distress, mental anguish, and pain and suffering.
The girl, now 23, was raped by her mother’s live-in boyfriend, William Thomas Spencer, when she was 11. Spencer, who lived in Butte at the time, was convicted in 2016 and sentenced to 30 years in state prison.
The lawsuit, filed in late 2022 against the Montana Department of Public Health and Human Services (DPHHS) and its Child and Family Services Division, alleged that the agency failed to notify law enforcement promptly. Officials were informed of the girl’s pregnancy on January 29, 2014, but did not provide police with names or case details until August 2, 2014, 185 days later.
The delay allegedly left the girl in the home with her abuser for months, resulting in repeated assaults and long-term trauma, including post-traumatic stress disorder.
State law caps civil damages against DPHHS, and plaintiffs say the $5.5 million award falls within those limits. The issue of damage caps is currently being reviewed by the Montana Supreme Court.
All 12 jurors agreed on the negligence claim and monetary award. The case was overseen by District Judge Ed McLean, who retired from the Missoula bench approximately 10 years ago but has continued to serve on select cases.
The trial included competing claims about the agency’s actions. Plaintiffs’ attorneys argued that bureaucracy and delays left the girl vulnerable, while the state contended that caseworkers investigated the pregnancy, provided support services, and had informal discussions with law enforcement. The agency also highlighted the extensive services provided during and after the pregnancy.
The jury ultimately concluded that the agency’s delayed response constituted negligence, holding it financially accountable for the lasting harm suffered by the victim.