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IN RE DEPENDENCY OF H.S.

No. 57117-6-I.

144 P.3d 353 (2006)

In re the DEPENDENCY OF H.S., D.O.B.: 02/07/1990, A minor child. Stephen Schermer, Margaret Schermer, Petitioners, and State of Washington, Department of Social and Health Services, Respondent, v. H.S., Appellant.

Court of Appeals of Washington, Division 1.

October 9, 2006.

Attorney(s) appearing for the Case

Cheryl Aza, Gregory Charles Link, Attorney at Law, Washington Appellate Project, Seattle, WA, for Petitioners.

Rachel Levy, Attorney at Law, Trisha L. McArdle, Office of The Atty. Gen., Seattle, WA, Christian Williams, Attorney Generals Office, Everett, WA, for Respondent.

GROSSE, J.

¶ 1 For a child to be found dependent under RCW 13.34.030(5)(c) the petitioner must show the child "[h]as no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development." Here, the petitioners' evidence established a prima facie case that H.S.'s parents were incapable of adequately caring for H...

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