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SLAYTON v. DEPT. OF SOCIAL & HEALTH SVCS.

No. 39735-8-II.

244 P.3d 997 (2010)

Durrell R. SLAYTON, Respondent, v. DEPARTMENT OF SOCIAL & HEALTH SERVICES, Appellant.

Court of Appeals of Washington, Division 2.

December 21, 2010.

Attorney(s) appearing for the Case

Jonathon Bashford , Office of the Attorney General, Olympia, WA, for Appellant.

Todd Harris Carlisle , Northwest Justice Project, Tacoma, WA, for Respondent.

HUNT, P.J.

¶ 1 This case presents an issue of first impression: Did former RCW 71A.10.020(3)1 create a separate category of development disability eligibility based exclusively on an applicant's treatment needs, in particular, treatment needs for "mental retardation"? The Department of Social Health Services (DSHS) appeals the superior court's decision: (1) vacating the DSHS Board of Appeal's (Board) Final Order, which denied developmental...

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