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IN RE DEPENDENCY OF R.H.

No. 561375-I.

117 P.3d 1179 (2005)

In the Matter of the Dependency of R.H., D.O.B. 01/08/96, Minor Child, State of Washington, Department of Social and Health Services, Petitioner, v. Ryan and Rachel Hileman, Respondents.

Court of Appeals of Washington, Division One.

August 15, 2005.

Attorney(s) appearing for the Case

Trisha McArdie, Office of the Attorney General, Seattle, WA, for Appellant(s).

Gail Levy, SCRAP, Janet Lee Stanton, NW Defender Association, Seattle, WA, for Respondent(s).

ELLINGTON, A.C.J.

¶ 1 In any legal proceeding, the parties are entitled to procedural fairness. This includes, at minimum, notice and the opportunity to be heard. In this case, the trial court dismissed a contested dependency action on the basis of the father's oral motion to dismiss during a shelter care hearing. The motion was made without notice, and was granted without any opportunity for the Department to be heard. We reverse, vacate the dismissal, and remand...

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