Attorneys representing Susan Cox Powell's estate gave Washington State's child welfare agency notice Tuesday they intend to file a wrongful death lawsuit alleging negligence resulted in the deaths of the missing Utah woman's two sons.
"It is clear that [the agency] knew or should have known about the danger Josh Powell presented to the safety of his children and failed to take actions that could have prevented this tragedy," said James Rogers, a Seattle attorney representing the Cox family.
Such notices must be delivered to the state or one of its agencies 60 days before a lawsuit is filed in court. Anne Bremner, another attorney representing the estate, indicated in June that she intended to pursue such a lawsuit.
Susan Powell disappeared from her West Valley City home in December 2009, and Josh Powell, her husband, was the only identified "person of interest" in the case.
Charlie, 7, and Braden, 5, died on Feb. 5 in a fire set by their father Josh Powell at a rented home in Graham, Wash. Josh Powell ignited the blaze after allowing the boys to enter the home for what was to be a three-hour supervised visit; he locked out the supervisor. The boys had lived with Chuck and Judy Cox, their maternal grandparents, since September 2011, when they were removed from their father's custody.
On Aug. 2, Child Fatality Review Committee issued a report that concluded no one could have prevented the boys' deaths. The committee did recommend the agency do a better job communicating with law enforcement when there are related criminal investigations and also in providing training about domestic violence to case workers.