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BEGGS v. STATE, DEPT. OF SOCIAL & HEALTH

No. 84098-9.

247 P.3d 421 (2011)

Breean BEGGS as Personal Representative for the estate of Tyler DeLeon and as Limited Guardian Ad Litem for Denae DeLeon, Breanna DeLeon, Lakayla DeLeon, Anthony Barcellos, and Brenden Burnett, minor children; Frances Cudmore as Limited Guardian Ad Litem for Beckett Cudmore, a minor child; and Amber Daniels, single individual, Petitioners, v. STATE of Washington, DEPARTMENT OF SOCIAL & HEALTH SERVICES, Loretta Mee, Robert Tadlock and Dewayne Thurman, individually and in their official capacity as agents and employees of the State of Washington; David Fregeau, M.D., Rockwood Clinic, a Washington State corporation; Sandra Bremner-Dexter, M.D., and John and/or Jane Does 1-10, Respondents.

Supreme Court of Washington, En Banc.

Decided February 17, 2011.

Attorney(s) appearing for the Case

Allen M. Ressler , Timothy Rolland Tesh , Cynthia Novotny , Ressler & Tesh PLLC, Seattle, WA, for Petitioners.

Brian T. Rekofke , Attorney at Law, Geana Mae Van Dessel , Witherspoon Kelley Davenport & Toole PS, James B. King , Christopher Joseph Kerley , Evans, Craven & Lackie, PS, Spokane, WA, for Respondents.

Carl Perry Warring , Office of the Attorney General, Spokane, WA, for Defendant-State of Washington, DSHS.

Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, George M. Ahrend , Ahrend Law Firm PLLC, Moses Lake, WA, amicus counsel for Washington State Association for Justice Foundation.

SANDERS, J.*

¶ 1 Tyler DeLeon died on his seventh birthday of dehydration and starvation—a result of neglect and abuse by his adoptive mother, Carole DeLeon, despite investigations of the DeLeon home by Child Protective Services (CPS). Tyler's adoptive siblings and the personal representative of his estate brought wrongful death and survival actions against the Department of Social and Health Services (DSHS), individual employees...

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