IN RE DEPENDENCY OF MSR

No. 85729-6.

271 P.3d 234 (2012)

In the Matter of the DEPENDENCY OF MSR and TSR. Washington State Department of Social and Health Services, Respondent, v. Nyakat Luak, Appellant.

Supreme Court of Washington, En Banc.

Decided March 1, 2012.


Attorney(s) appearing for the Case

Mindy Michelle Carr , Mindy Carr, Jan Trasen , Marla Leslie Zink , Washington Appellate Project, Seattle, WA, for Appellant.

Susan E. Llorens , Attorney at Law, Seattle, WA, Allyson Zipp , Peter B. Gonick , Attorney General's Office, Olympia, WA, for Respondent.

Nancy Lynn Talner , Sarah A. Dunne , Melody Rose Spidell , ACLU of Washington Foundation, Jared Van Kirk , Garvey Schubert Barer, Seattle, WA, amicus counsel for American Civil Liberties Union of Washington.

Casey Trupin , Erin Kathleen Shea McCann , Columbia Legal Services, Bobbe Jean Bridge , Center for Children & Youth Justice, Seattle, WA, amicus counsel for Center for Children & Youth Justice & Columbia Legal Services.

Kimberly Dawn Ambrose , University of Washington School of Law, Seattle, WA, amicus counsel for Children and Youth Advocacy Clinic.

Kari Lee Vander Stoep , John Samuel Wilson , K & L Gates, LLP, Seattle, WA, amicus counsel for Children's Law Center of California, First Star, Juvenile Law Center, Kidsvoice, Professor Michael Dale, Professor Theodor Liebmann, the Children's Advocacy Institute, the National Association of Counsel for Children, and the National Center for Youth Law.

Kimberly Dawn Ambrose , University of Washington School of Law, Seattle, WA, amicus counsel for Lisa Kelly Children and Youth Advocacy Clinic.

Eric S. Merrifield , J. Camille Fisher , Perkins Coie, LLP, Seattle, WA, amicus counsel for Mockingbird Society.

Jana L. Heyd , Attorney at Law, Seattle, WA, amicus counsel for Society of Counsel Representing Accused Persons.

Brent M. Pattison , Drake University, Des Moines, IA, Hillary Ann Behrman , Seattle, WA, Nicole K. McGrath , Teamchild, Everett, WA, amicus counsel for TeamChild.

Robert D. Wyman Jr. , Floris Joy Mikkelsen , The Defender Association, Seattle, WA, amicus counsel for the Defender Association.

Travis Stearns , Washington Defender Association, Seattle, WA, for amicus counsel for Washington Defender Association.

Linda Lillevik , Carey & Lillevik, PLLC, Seattle, WA, amicus counsel for Washington State Psychological Association.


CHAMBERS, J.

¶ 1 After a lengthy trial, a judge found that the State had established all statutory and constitutional factors necessary for the termination of Nyakat Luak's parental rights to her twin sons. Luak argues that the trial court erred in finding two of the statutory factors: that the State expressly and understandably offered or provided to her all the necessary services to correct her parental deficiencies and that there was little likelihood those...

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