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ALISHIO v. DEPT. OF SOC. & HEALTH SERV.

No. 50792-3-I.

91 P.3d 893 (2004)

Delaura Whitson ALISHIO, Appellant, v. DEPARTMENT OF SOCIAL AND HEALTH SERVICES, STATE OF WASHINGTON, King County, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered June 3, 2004.

Attorney(s) appearing for the Case

Christine A. Jackson, Lindal Lillevik, The Public Defender, Winifred M. Wong, Attorney at Law, Seattle, WA, for Appellant.

Aileen C. Huang, Attorney General's Office of WA, Seattle, WA, for Respondent.

GROSSE, J.

Collateral estoppel does not prohibit a party from asserting an issue that was not decided in an earlier proceeding. Since Alishio and the Department of Social and Health Services agreed to an order of dependency based on a ground other than neglect, the issue of whether Delaura Whitson Alishio neglected her son was not decided in a dependency proceeding. Because the issue of neglect was not decided in the dependency proceeding, DSHS is not collaterally...

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