IN RE ADOPTION OF B.T.

No. 72809-7.

78 P.3d 634 (2003)

150 Wash.2d 409

In the Matter of the ADOPTION OF B.T., a minor child. Gary Avery and Dorothy Todd Avery, Respondents, v. State of Washington, Department of Social and Health Services, Petitioner.

Supreme Court of Washington, En Banc.

Argued May 13, 2003.


Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, Timothy Jaasko-Fisher, Asst., Tacoma, Sheila Huber, Asst., Olympia, for Petitioner.

Preble Law Firm, Gary Preble, Olympia, for Respondents.

Dubuar Lirhus & Engel, Albert Lirhus, Seattle, for Amicus Curiae American Academy of Adoption Attorneys. Mark Demaray, Edmonds, for Amicus Curiae American Academy Of Adoption Attorneys.

Randel Ann Jones, Olympia, for Amicus Curiae (AARP).


ALEXANDER, C.J.

The Washington State Department of Social and Health Services (DSHS) seeks review of a Court of Appeals decision reinstating an adoption petition brought by Gary and Dorothy Avery, grandparents of B.T., a child whose parents' rights had been terminated. The Court of Appeals held that as B.T.'s grandparents, the Averys are her "natural guardians," which gave them both standing to seek adoption and preference in the adoption decision, subject to the...

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