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DESMET v. STATE

No. 99893-1.

514 P.3d 1217 (2022)

Michelle A. DESMET and Sandor Kacso, individually and as the General Guardians of their daughter, A.K., a minor, Respondents, v. STATE of Washington, BY AND THROUGH its agency the DEPARTMENT OF SOCIAL AND HEALTH SERVICES and the Child Protective Services Division thereof, and Yolanda A. Duralde, M.D., Petitioners.

Supreme Court of Washington.

Filed: August 11, 2022.

Attorney(s) appearing for the Case

Cynthia Jan Gaddis , Office of the Attorney General, P.O. Box 40126, Olympia, WA, 98504-0126, Kaylynn What , Office of the Attorney General, 800 Fifth Ave., Ste. 2000, Seattle, WA, 98104-3188, for Petitioner.

Daniel R. Kyler , Michael John Fisher , Rush Hannula Harkins & Kyler LLP, 4701 S. 19th St. Ste. 300, Tacoma, WA, 98405-1199, Christopher Reid McLeod , Attorney at Law, P.O. Box 65252, University Place, WA, 98464-1252, for Respondent.

Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Ave., Ste. 1300, Spokane, WA, 99201-0305, Valerie Davis McOmie , Attorney at Law, 4549 Nw Aspen St., Camas, WA, 98607-8302, for Amicus Curiae on behalf of Washington State Association for Justice Foundation.

¶ 1 In February 2016, at approximately three months of age, A.K., the daughter of respondents Michelle Desmet and Sandor Kacso (the parents), was taken into protective custody after she suffered a spiral fracture to her left femur. The parents could not explain how the fracture occurred, and A.K. was placed with her paternal aunt...

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