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MATTER OF DEPENDENCY OF Z.A.

No. 84122-0-I (Consolidated with Nos. 84123-8-I, 84124-6-I).

537 P.3d 681 (2023)

In the MATTER OF the DEPENDENCY OF: Z.A., S.M.A., and S.A.A., Minor Children.

Court of Appeals of Washington, Division 1.

Filed October 23, 2023.

Attorney(s) appearing for the Case

Moses Ouma Okeyo , Washington Appellate Project, 1511 3rd Ave. Ste. 610, Seattle, WA, 98101-1683, for Appellant(s).

Soc. & Hlth. Svcs. A.g. Office, Attorney at Law, 800 Fifth Ave., Suite 2000, Ms-tb-14, Seattle, WA, 98104, Kelly L. Taylor , Ofc. of the Atty. General, 800 5th Ave. Ste. 2000, Seattle, WA, 98104-3188, for Respondent(s).

April M. Rivera , King County Dependency CASA Program, 1211 E Alder St., #4100, Seattle, WA, 98122-5553, The Dependency Casa Program King County Superior Court, 1401 E. Jefferson Street, Seattle, WA, 98122, Kathleen Carney Martin , Dependency CASA Program, 401 4th Ave. N, 3rd Fl., Kent, WA, 98032-4429, for Minor(s).

Tara Urs , King County Department of Public Defense, 710 2nd Ave. Ste. 200, Seattle, WA, 98104-1703, for Amicus Curiae on behalf of King County Dept. of Public Defense.

Carnissa Dolores Lucas-Smith , The Defender Association, 710 2nd Ave. Ste. 700, Seattle, WA, 98104-1724, for Other Parties.

PUBLISHED OPINION

¶1 The Department of Children, Youth and Families (Department) asks us to hold that it need only prove by a preponderance of the evidence that parents are not "available" under RCW 13.34.130(6)(a) before a court orders their children placed out of the home following...

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