In the Matter of the Dependency of: C.M.P.

CourtCourt of Appeals of Washington
DecidedApril 10, 2025
Docket40404-8
StatusUnpublished

This text of In the Matter of the Dependency of: C.M.P. (In the Matter of the Dependency of: C.M.P.) 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 the Matter of the Dependency of: C.M.P., (Wash. Ct. App. 2025).

Opinion

FILED APRIL 10, 2025 In the Office of the Clerk of Court WA State Court of Appeals, Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION THREE

In the Matter of the Dependency of ) No. 40404-8-III ) ) C.M.P.,† ) ) ) UNPUBLISHED OPINION )

COONEY, J. — C.M.P., a minor child, was found to be dependent and placed in

out-of-home care pending a disposition hearing after being choked by J.P. (Father), his

father. Following the disposition hearing, C.M.P. was placed in out-of-home care based

on the court’s concerns that C.P. (Mother), C.M.P.’s mother, was unable to protect

C.M.P. from Father or expel Father from her home. Mother appeals, arguing the court

† To protect the privacy interests of C.M.P., we use a pseudonym throughout this opinion. Gen. Order of Division III, In re the Use of Initials or Pseudonyms for Child Victims or Child Witnesses, (Wash. Ct. App. June 18, 2012), https://www.courts.wa.gov/appellate_ trial_courts/?fa=atc.genorders_orddisp& ordnumber=2012_001&div=III. No. 40404-8-III In re Dependency of C.M.P.

should have issued an order protecting C.M.P. from Father and returned C.M.P. to her

home. Mother also argues the court erred in ordering her to participate in domestic

violence victims’ services. C.M.P. argues the trial court erred in placing him in out-of-

home care. We disagree with Mother’s arguments, affirm the trial court, and decline to

address C.M.P.’s arguments because he failed to file a notice of appeal.

BACKGROUND

Mother and Father are the parents of 16-year-old C.M.P. C.M.P. has been

diagnosed with autism, attention deficit hyperactivity disorder, post-traumatic stress

disorder, anxiety, and depression and is enrolled in special education classes. Mother

was involved in a serious car accident in 2021 or 2022 that left her paralyzed from the

waist down. The Department of Children, Youth, and Families (Department) was aware

of the family prior to this dependency due to “a previous dependency action through

Idaho [Child Protective Services].” Clerk’s Papers (CP) at 303.

In October 2023, C.M.P. was living with Mother in subsidized housing that she

obtained with a housing voucher. Father, who has a history of “28 felonies and 78

misdemeanors with nearly 10 years of incarceration,” also began living with Mother and

C.M.P. after he was released from prison. CP at 8, 84.

On November 8, 2023, C.M.P. called law enforcement and stated that Father was

“trying to hurt his mother and him.” CP at 301. C.M.P. told law enforcement that Father

had “pinned him down on top of his bed and was choking him.” CP at 302. C.M.P. also

2 No. 40404-8-III In re Dependency of C.M.P.

reported that “there is a long history of domestic violence in the home.” CP at 301. Both

parents told responding officers that C.M.P. has a history of self-harm, and Father was

trying to restrain C.M.P. to prevent C.M.P. from hurting himself, not hurt C.M.P. Law

enforcement took C.M.P. into protective custody because he reported he did not feel safe

at home with his parents.

The next day, a Department caseworker met with the parents. Both parents

reported C.M.P. “was out of control and participating in self-harming behaviors,” and

that Father had to physically restrain C.M.P. to prevent him from hurting himself. CP at

4. Father also told the caseworker that C.M.P. “punched him in the head 20 times and

head butted him, resulting in his nose bleeding and being covered in blood.” CP at 4.

However, the caseworker observed no bruising or indication of injury on Father’s face.

The parents also reported that C.M.P. easily became “assaultive and aggressive,” and that

he was “manipulative and is not an accurate historian.” CP at 5.

C.M.P. participated in a child forensic interview. During the interview, C.M.P.

reported that Father “drinks a bottle of whiskey a day,” and that he puts C.M.P. through

“training” by choking him multiple times a day. CP at 302. C.M.P. reported that he

heard Father threaten Mother on the day of the incident; a confrontation between C.M.P.

and Father ensued that resulted in Father choking C.M.P., and C.M.P. calling law

enforcement.

3 No. 40404-8-III In re Dependency of C.M.P.

A few days later, the Department set up a “Family Team Decision Meeting”

(FTDM). CP at 304. Prior to the FTDM, the Department explored different options for

how C.M.P. could be returned to Mother’s care. One option was having Mother obtain a

protection order against Father.

A caseworker, C.M.P., Mother, Father, C.M.P.’s school psychologist, C.M.P.’s

teacher, and C.M.P.’s aunt attended the FTDM. The Department had attempted to hold

separate meetings for Mother and Father due to concerns of “long standing domestic

violence,” but Mother insisted Father attend as her support person. CP at 304, 6. At the

FTDM, both parents claimed C.M.P. was the aggressor during the choking incident

involving Father, and that C.M.P. was “assaultive” and “highly manipulative.” CP at

304. However, C.M.P.’s aunt, psychologist, and teacher reported they had never

experienced C.M.P.’s assaultive behavior, and they did not think his “manipulative

behaviors” were any worse “than any other normal teenager.” CP at 7, 304.

During the FTDM, the Department considered the protection order option but

determined it would not be a safe choice for returning C.M.P. to Mother’s care because it

seemed unlikely she would enforce it. C.M.P. “expressed he felt that his mother would

say she would do the work to [obtain a protection order], but would not actually follow

through with it.” CP at 304-05. C.M.P. reported he did not feel safe in Mother’s care

and did not feel she could keep him safe with Father out of prison. The Department

noted that Mother made confusing statements about whether Father was actually residing

4 No. 40404-8-III In re Dependency of C.M.P.

in her home, and she “did not identify other living options for [Father] and [Mother]

would not clarify her plans for future housing options with or without [Father].” CP at 7.

The Department also noted that policies from Mother’s housing voucher and her housing

complex “will not allow [Father] to remain living in the home with her” but that she is

“adamant that [Father] is not living there but is staying there for the time being.” 1 CP at

8.

Additionally, C.M.P. reported at the FTDM that “he often hears his father yelling

at his mother, which makes her cry.” CP at 7. The Department noted, “this is a clear

sign of domestic violence with control and manipulation which [Mother] adamantly

denies is occurring in her relationship with [Father].” CP at 7.

The Department filed a dependency petition due to the Department’s concerns

about the parents’ lack of accountability and shifting blame to C.M.P. regarding the

choking incident. The Department sought out-of-home placement for C.M.P. due to

Father’s physical abuse and Mother’s failure to protect C.M.P. from Father. Following a

shelter care hearing, the court ordered C.M.P. be removed from Mother’s home and

ordered supervised visits with the parents. The court held 30-day shelter care review

1 It appears Father’s felony convictions made it difficult or impossible for him to be included on Mother’s lease. “[Father] is attempting to get his prior felonies erased from his record so that he can either be included on [Mother’s] lease, or they can find a place of their own.” CP at 84.

5 No.

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