In Re Dependency of JWH

24 P.3d 1105
CourtCourt of Appeals of Washington
DecidedJune 11, 2001
Docket47195-3-I, 47196-1-I, 47197-0-I
StatusPublished
Cited by13 cases

This text of 24 P.3d 1105 (In Re Dependency of JWH) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Dependency of JWH, 24 P.3d 1105 (Wash. Ct. App. 2001).

Opinion

24 P.3d 1105 (2001)

In re the DEPENDENCY OF J.W.H. (D.O.B.1/3/89), J.C.H. (D.O.B.5/7/91), S.E.H. (D.O.B.1/26/93), Minor Children.
Keith and Lisa Blume, Appellants,
v.
State of Washington Department of Social and Health Services, Respondent.

Nos. 47195-3-I, 47196-1-I, 47197-0-I.

Court of Appeals of Washington, Division 1.

June 11, 2001.

*1107 Christine Anne Jackson, Linda Lillevik, Seattle, for Respondent Matt Huddle.

Heidi Louise Nagel, Seattle, Guardian ad litem for J.H., J.H., S.H.

Jimmie F. Shaw, Seattle, for Respondent Beth Huddle.

Nancy Renee Austin Woodland, Attorney General DSHS, for Respondent DSHS.

Cynthia B. Whitaker, Catherine Wright Smith, Edwards, Sieh, Smith & Goodfriend, Seattle, for Appellants Keith and Lisa Blume.

*1106 BAKER, J.

Intervenors Keith and Lisa Blume appeal the juvenile court's entry of agreed orders finding the children in this action dependent under RCW 13.34.030(5)(c). They claim that the children do not meet the statutory definition of dependency because the Blumes are the children's legal custodians, capable of caring for them. They further claim that the court erred in entering agreed orders of dependency over their objection as parties to the action. Because the Blumes did not have final custody of the children as contemplated by RCW 13.34.030(5)(c), we hold that the children are dependent under the statute. Further, because objecting to the orders of dependency exceeded the Blumes' rights as permissive intervenors, we affirm.

I

Beth and Matthew Huddle met during treatment for drug addiction in the mid-1980s. Over the next 12 years, they married and had three children: J.W.H., now age 12; J.C.H., age 9; and S.E.H., age 8. When Ms. Huddle inherited a substantial sum of money from her mother's estate, she and her husband *1108 relapsed, and over the next several months their use of cocaine increased to the point that they neglected and abused their children. As a result of a family intervention initiated by the children's aunt and uncle, Lisa and Keith Blume, the Huddles again entered treatment. During their treatment programs, they agreed that the Blumes should care for their children.

When the Blumes arrived at the Huddles' home to collect the children, they found the children's living environment filthy and unhealthy in the extreme. Within a short time after moving in with the Blumes, the children began to disclose details of their parents' abuse of them. They alleged that their parents disciplined them by shooting BB guns at them, shoving and hitting them, and putting hot sauce on their tongues. The children also described details of their sexual abuse, and reported that they were sexually active among themselves and with other children. The parents later acknowledged that the children were exposed to explicit sexual acts between the Huddles as well as spouse swapping.

When the Huddles completed their treatment programs, the Blumes did not return the children, but instead filed a petition for custody under RCW 26.10.030(1), alleging that the Huddles were unfit parents. The parties agreed to a temporary order, which provided that the Huddles would submit to a parenting evaluation and the children would continue to reside with the Blumes during a gradual transition back to Beth Huddle's home. Later, the Blumes arranged for the State to remove J.C.H. from their home and place him in therapeutic foster care because of his continued sexual acting out with his siblings (J.W.H., too, was eventually placed in foster care because of his sexualized behavior). The Blumes then obtained a no contact order between the children and their parents and shortly after that, the State filed a dependency petition on behalf of all the Huddle children.

The Blumes moved to intervene in the dependency, which the juvenile court granted both permissively and as a matter of right. As intervenors, the Blumes were actively involved in the action, conducting extensive discovery and participating in the evaluation of the parents and the children. They objected when the Huddles, the children's guardian ad litem, and the Department of Social and Health Services (DSHS) sought to enter agreed orders of dependency regarding the children. Ruling that the Blumes did not have standing to object, the juvenile court entered the orders. The Blumes appeal.

II

As a preliminary matter, DSHS argues that the Blumes lack standing to appeal because they are not aggrieved by the juvenile court's decision. We disagree. RCW 13.04.033(1) provides in relevant part that "[a]ny person aggrieved by a final order of the court may appeal the order as provided in this section."[1] An aggrieved party is one who is a party to the action and whose property, pecuniary or personal rights are directly and substantially affected by the lower court's judgment.[2]

As intervenors, the Blumes are parties to this action. Moreover, at the time the State filed its dependency petition, the Blumes' non-parental custody petition under RCW 26.10.030(1) was pending. Because the juvenile court has exclusive original jurisdiction over dependent or allegedly dependent children,[3] the issue of whether the children are, in fact, dependent directly affects how the Blumes' third party custody action will proceed. This, combined with the Blumes' interest in preserving their established and loving relationships with the Huddle children, gives them standing to appeal.

We also reject DSHS's next contention that the Blumes may not appeal the issue of dependency because RAP 2.2(5) provides that only an order of disposition following a determination of dependency may be appealed. The Blumes identified the orders of *1109 disposition in their notice of appeal. Specifically, they assign error to the bases of the orders, the findings of dependency. We therefore turn to the merits of the Blumes' appeal.

The Blumes claim that the juvenile court has no jurisdiction over the Huddle children because they are not dependent as defined by RCW 13.34.030(5)(c). The subsection defines a dependent child as one who:

Has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.[4]

For the purposes of Title 13 RCW, a "custodian" is "that person who has the legal right to custody of the child."[5] The Blumes argue that because they had a court order granting them the temporary care of the Huddle children during the pendency of their third party custody proceeding, they qualify as custodians with "legal right to custody" of the children within the context of the dependency proceeding. Thus, they argue, the children are not dependent.

When interpreting a statute, we do not construe an unambiguous statute.[6]

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Bluebook (online)
24 P.3d 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dependency-of-jwh-washctapp-2001.