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M.W. v. DSHS

No. 26377-7-II.

39 P.3d 993 (2002)

110 Wash.App. 233

M.W. and A.W., husband and wife, and the marital community; and M.W. and A.W., as guardians and parents of the minor child, J.C.W. f/k/a S.K.H., Appellants, v. DEPARTMENT OF SOCIAL AND HEALTH SERVICES, a division of the State of Washington; and State of Washington; and Dale Francis, an individual, Respondents.

Court of Appeals of Washington, Division 2.

Reconsideration Denied March 27, 2002.

Attorney(s) appearing for the Case

John Cain, Tacoma, Ross Edwin Taylor, University Pl, for Appellants.

Peter John Helmberger, Attorney General Office, Olympia, for Respondents.

ARMSTRONG, C.J.

J.C.W., through her guardian, sued the Department of Social and Health Services (DSHS), alleging that several employees were negligent in examining her for sexual abuse. DSHS argued that it has a statutory duty to investigate allegations of child abuse and that its examination was reasonable. The trial court granted DSHS's motion for summary judgment. J.C.W. appeals, contending that there remains a genuine...

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