In Re The Dependency Of: E.g.b. Dena Bishopp, App. v. State Of Wa., Dshs, Res.

CourtCourt of Appeals of Washington
DecidedJune 18, 2018
Docket77482-4
StatusUnpublished

This text of In Re The Dependency Of: E.g.b. Dena Bishopp, App. v. State Of Wa., Dshs, Res. (In Re The Dependency Of: E.g.b. Dena Bishopp, App. v. State Of Wa., Dshs, Res.) 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 The Dependency Of: E.g.b. Dena Bishopp, App. v. State Of Wa., Dshs, Res., (Wash. Ct. App. 2018).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

In the Matter of the Welfare of ) ) DIVISION ONE E.G.B., ) DOB: 12/11/13, ) No. 77482-4-1 Cs ) DENA BISHOPP, ) UNPUBLISHED OPINION co rn ) ' Appellant, ) 1E-.0 ) Orel v. ) 7;P ••;::, ) tP DEPARTMENT OF SOCIAL AND ) HEALTH SERVICES, ) ) Respondent. ) FILED: June 18, 2018 )

DWYER, J. — Dena Bishopp appeals from the trial court's order of

dependency. On appeal, Bishopp contends that the trial court erred by relying on

hindsight to conclude that her three-year-old daughter, E.G.B., was dependent

due to neglect. Bishopp also contends that the trial court erred by ordering her to

sign broad releases of mental health information without adequately protecting

her constitutional right to privacy. Finding no error, we affirm.

E.G.B. was born on December 11, 2013 to Dena Bishopp. E.G.B.'s father

is unknown, although Bishopp believes that the father is Craig Gifford. Gifford No. 77482-4-1/2

committed domestic violence against Bishopp while she was pregnant with

E.G.B. and, as a result, Bishopp has a no-contact order against Gifford.'

In April 2016, Bishopp and E.G.B. moved into a 25-foot trailer on the

property of Amber Wasisco. Amber2 has two children who would often play

together with E.G.B. around the property and at Amber's house. Amber's father,

Lawrence Wasisco, lived in a separate trailer on the same property,

approximately 10 feet away from Bishopp's trailer. Following an incident in which

Lawrence reportedly pulled Bishopp out of his trailer by her hair, Bishopp

obtained a no-contact order prohibiting Lawrence from coming within five feet of

her. Following Lawrence's arrest, the relationship between Amber and Bishopp

soured. Amber began to threaten to sue Bishopp unless she vacated the

property.

On February 7, 2017, unbeknownst to Bishopp, E.G.B. left the trailer by

herself. E.G.B. walked 150 to 200 yards through the snow and over a small

bridge to Amber's house. E.G.B.'s passage to Amber's house was reportedly

fraught with dangerous debris in the yard, including electrical cords. Bishopp

began searching for E.G.B. roughly one hour after E.G.B. left the trailer. Bishopp

found E.G.B. at Amber's house. Amber was washing E.G.B.'s clothes, so

Bishopp left and returned later that evening to pick up E.G.B.3

1 Gifford has never been involved in E.G.B.'s life and did not participate in the dependency hearing. 2 Amber and Lawrence Wasisco are referred to by their given names for clarity. 3 In the petition for dependency filed by the Department of Social and Health Services, the Department stated that it was reported that Amber brought E.G.B."back to Ms. Bishopp and was concerned [Bishopp] could be dead." However, the petition also stated that Amber "reported that about 6:00 p.m., Ms. Bishopp arrived at her home frantically searching for" E.G.B. Cindy Palmer, the drafter of the petition, could not explain the discrepancy.

-2- No. 77482-4-1/3

On February 8, 2017, Cindy Palmer, a social worker for the Department of

Social and Health Services (the Department), responded to an emergency

referral to check on E.G.B.'s welfare. Palmer interviewed Amber about the

incident. Amber relayed her concerns to Palmer, including her belief that

Bishopp used methamphetamine. Palmer observed that there were wooden

boards, debris, tools, and "piles of dangerous items" strewn about the yard.

Palmer went to Bishopp's trailer and briefly spoke with her. Palmer was

able to see inside of the trailer while she spoke with Bishopp. Palmer observed

that the inside of the trailer was dirty with debris, cigarettes on the floor, and dried

up food in a pan. Palmer spoke to Bishopp about the possibility of going to a

shelter and submitting to a drug test that day. Bishopp explained that she could

not go to a domestic violence shelter4 and she refused to consent to a urinalysis.5

Palmer attempted to discuss her concerns regarding E.G.B.'s living environment

with Bishopp, but Bishopp told Palmer to leave. Palmer then contacted law

enforcement.

Deputy Benjamin Wood responded to Palmer's request for assistance. It

was roughly 28 degrees and snowing when Wood arrived at Bishopp's

residence. Wood observed that there were numerous hazards around the trailer.

4 Bishopp testified that she had previously stayed at the local domestic violence shelter but that her safety had been compromised. As a result, she was no longer eligible to stay at that shelter. Jessyca Murphy, a domestic violence advocacy and counseling provider, testified that "[w]hen the CPS case was opened [Bishopp] would not have been eligible to stay in our shelter." It does not appear that the Department made any effort to confirm that Bishopp was ineligible to stay at the proposed shelter or to find an alternative shelter. 5 Palmer was alarmed by Amber's allegation that Bishopp was using methamphetamine. Palmer testified that, based on Bishopp's living environment, she believed that "it was a high probability . . . that those allegations could be true." Bishopp testified that she uses marijuana and alcohol infrequently but does not use any other controlled substances.

- 3- No. 77482-4-1/4

Wood confirmed that Bishopp's trailer had electricity and propane heating but did

not have running water due to frozen pipes. Bishopp had tanks of water

accessible as a backup. Wood observed that E.G.B. was dirty and noted that

she was "dirtier than what I normally see even in similar conditions." Wood

observed that the trailer itself was "filthy" and that there was a loose

hammerhead laying on the floor as well as cigarette butts on a coffee table.

Wood asked Bishopp about the incident that had occurred the night

before. Wood testified that Bishopp was dismissive of the incident, stating that

E.G.B. goes over to Amber's house all the time. After observing the condition of

the property, Wood believed that it would have been dangerous for a child as

young as E.G.B. to traverse the property even without the particularly harsh

winter weather. Based on the totality of the circumstances as he observed them,

Wood placed E.G.B. in protective custody.

The Department filed a dependency petition, alleging that E.G.B. was

dependent both because there was no parent, guardian, or custodian capable of

caring for her and because she had been abused or neglected while in Bishopp's

care. The petition noted that the Department had previously contacted Bishopp

on several occasions for concerns similar in nature to the current allegations and

that Bishopp had refused to speak to a social worker on three separate

occasions.6

Bishopp's friends, husband Jason Joneli and wife Dawn Eldred, offered to

let Bishopp and E.G.B. live in their home indefinitely. Joneli and Eldred

6 Neither party has provided any further information concerning these past contacts. -4- No. 77482-4-1/5

submitted background check forms to the Department. A Department

representative and E.G.B.'s guardian ad litem (GAL) visited the home. Jessica

Keskey, social service specialist for the Department, testified that the Joneli and

Eldred residence was not a barrier to reunification. However, the state of the

residence was not the only concern of the Department. E.G.B. was placed into

foster care.

E.G.B.'s foster mother reported that E.G.B.

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