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H.B.H. v. STATE

No. 94529-2.

429 P.3d 484 (2018)

H.B.H.; S.A.H.; and Trey Hamrick, litigation guardian ad litem on behalf of K.E.H., J.B.H. and K.M.H., Respondents, v. STATE of Washington, Petitioner, and Town of Eatonville, Defendant.

Supreme Court of Washington.

Filed November 1, 2018.

Attorney(s) appearing for the Case

Peter J. Helmberger , Office of the Attorney General, P.O. Box 2317, Tacoma, WA 98401-2317, Gregory G. Silvey , Allyson Zipp , Office of the Attorney General, 7141 Clean-water Drive SW, P.O. Box 40126, Tumwater, WA 98501-6503, for Petitioner.

Lincoln Charles Beauregard , Julie Anne Kays , Connelly Law Offices, 2301 N. 30th Street, Tacoma WA 98403-3322, Nelson C. Fraley, II , Alliance Law Group PS, 5316 Orchard Street West, University Place, WA 98467, Philip Albert Talmadge , Sidney Charlotte Tribe, Talmadge/Fitzpatrick/Tribe, 2775 Harbor Avenue SW, Third Floor, Suite C, Seattle, WA 98126-2138, for Respondents.

Rebecca Jane Roe , Schroeter Goldmark Bender , 810 3rd Ave. Ste. 500, Seattle WA 98104-1657, for Amicus curiae on behalf of King County Sexual Assault Resource Center.

Valerie Davis McOmie , Attorney at Law, 4549 NW Aspen Street, Camas, WA 98607-8302, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Avenue, Suite 1300, Spokane, WA 99201-0305, for Amicus curiae on behalf of Washington State Association for Justice Foundation.

¶ 1 Former foster children KMH, HBH, SAH, KEH, and JBH brought this case against the Department of Social and Health Services (DSHS), alleging negligence in failing to protect them from the tortious or criminal acts of their foster, and later adoptive, parents. At the close of the evidence, the trial court granted DSHS's CR 50...

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