In Re The Dependency Of: M.i.k.-l. ( 2021 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
In re the Dependency of: M.I.K.-L., and
M.D.L.-K., No. 82260-8-I
Minor children, DIVISION ONE
DEPARTMENT OF CHILDREN,
YOUTH AND FAMILIES, UNPUBLISHED OPINION
Respondent,
v.
MICHAEL LOVEJOY,
Appellant.
PER CURIAM — Michael Lovejoy appeals a trial court’s order terminating his
parental rights to his two children, M.I.K.-L. and M.D.L.-K. Lovejoy argues that
his due process rights were violated when, after the trial court determined that
the Department of Children, Youth and Families had not met its burden in proving
the elements of RCW 13.34.180(1) by clear, cogent and convincing evidence, it
continued the hearing on the termination petition to allow the State to offer
additional services to him. The State concedes that, based on the Matter of
Welfare of D.E., 196 Wn.2d 92, 106, 469 P.3d 1163 (2020), once a trial court
makes a determination that the Department has not met its burden, it must
dismiss the petition. We accept the State’s concession. We reverse the order of
No. 82260-8-I/2
termination and remand to the trial court for further proceedings consistent with
this opinion.
FOR THE COURT:
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