In the Matter of the Dependency of: J.S., G.S., C.H. & K.H.

CourtCourt of Appeals of Washington
DecidedAugust 14, 2025
Docket40529-0
StatusUnpublished

This text of In the Matter of the Dependency of: J.S., G.S., C.H. & K.H. (In the Matter of the Dependency of: J.S., G.S., C.H. & K.H.) 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: J.S., G.S., C.H. & K.H., (Wash. Ct. App. 2025).

Opinion

FILED AUGUST 14, 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of ) No. 40529-0-III ) (Consolidated with J.S., ) Nos. 40530-3-III, 40531-1-III, G.S, ) 40532-0-III) C.H., ) K.H. ) UNPUBLISHED OPINION

STAAB, A.C.J. — Following a contested fact-finding and disposition hearing, the

court found all four of K.H.’s (Mother) children dependent, placed them in-home with the

Mother, and ordered services to address the Mother’s parental deficiencies. The trial

court concluded that C.H. was dependent pursuant to RCW 13.34.030(6)(b), based on

abuse or neglect. Additionally, the court concluded that all four of the children were

dependent pursuant to RCW 13.34.030(6)(c), because they had no parent capable of

adequately caring for them.

The Mother appeals, contending that several of the court’s findings were not

supported by substantial evidence and in turn, that the findings did not support the

conclusion of dependency on each of the children. Specifically, the Mother challenges

the court’s findings that C.H. was abused in the Mother’s care, that the Mother’s

explanations were inconsistent with the medical records, and the injuries were not caused

by the other children. Nos. 40529-0-III (Consol. with 40530-3-III, 40531-1-III, 40532-0-III) In re Dependency of J.S., G.S., C.H., K.H.

The Mother also challenges the findings supporting the court’s conclusion that the

Mother was not capable of safely parenting her children without court intervention. She

contends that substantial evidence does not support the court’s finding that K.H. tested

positive for drugs at birth and the children were at risk due to a lack of medical care. In

addition, she argues that the court’s findings that the Mother allowed unsafe persons

around the children were based on inadmissible hearsay.

Finally, the Mother contends that the remaining findings fail to support the

conclusion that her children are dependent.

We affirm.

BACKGROUND

K.H. is the Mother of the four children involved in this dependency, J.S., G.S.,

C.H., and K.H.1 On December 1, 2023, the Department of Children, Youth, and Families

(Department) filed a dependency petition alleging all four children were dependent. The

Department alleged the Mother’s barriers to safe parenting included “unmitigated

chemical dependency, unaddressed mental health, and lack of appropriate parenting skills

or knowledge, including inappropriate discipline leading to non-transitory and non-

accidental bruising to [C.H.], and inability to provide for the children’s basic needs like

school or medical care.” Clerk’s Papers (CP) at 1642-43

1 Because K.H. and her son share the same initials, she will be referred to as “the Mother” throughout this opinion for clarity.

2 Nos. 40529-0-III (Consol. with 40530-3-III, 40531-1-III, 40532-0-III) In re Dependency of J.S., G.S., C.H., K.H.

At the shelter care hearing the court entered an order placing the children in-home

with the Mother so long as she complied with certain conditions.

In February 2024, the Department moved to compel the Mother’s compliance with

the conditions for in-home placement, which had been set at the shelter care hearing. The

court granted the motion, finding that the children were being harmed by the Mother’s

failure to follow through with the conditions set for safe placement. The court also found

there was reasonable suspicion of substance use in the home and that it was concerning

the Mother’s reported use of cannabis to help her sleep and as a coping mechanism. The

court also amended the shelter care order to explicitly require the Mother to maintain

communication with the Department, the school, and daycare, and ordered that future

UA2 tests must be negative.

Fact-finding and disposition on the dependency

A contested fact-finding and disposition hearing was held over several days in

March and April 2024. We summarize the evidence provided at this hearing and the

court’s findings.

The court found that the Mother had a significant child protective services (CPS)

history including one prior dependency. In the last five years, the family had

approximately 20 intakes reporting suspected child abuse or neglect. The Mother also

2 Urinalysis.

3 Nos. 40529-0-III (Consol. with 40530-3-III, 40531-1-III, 40532-0-III) In re Dependency of J.S., G.S., C.H., K.H.

has at least two founded findings of abuse or neglect. This history demonstrates a pattern

and informs the opinions of the social workers and medical experts in this dependency.

In 2022, J.S., G.S., and C.H. were involved in a dependency. The Mother

admitted that during the last dependency she was pregnant and gave birth to K.H., was

using methamphetamine and alcohol, and did not have safe or stable housing. The court

found that K.H tested positive for methamphetamine at the time of his birth, but the

Mother contests the factual basis for this finding. The court also found that during the

last dependency, the Mother was living at Rising Strong and was engaged in chemical

dependency treatment. Based on an agreement between both parties, the last dependency

was dismissed in December 2022. As part of its recommendations, the Department

asked the Mother to re-engage in mental health counseling and to follow through with all

medical and other needs for all of her children. The Mother admitted that she did not

follow through with this recommendation and instead self-medicated with marijuana.

The following year, the Department received reports concerning both J.S. and

G.S.’s school attendance. The principal documented at least one incident in which she

needed to drive the children home from school because the Mother had not picked them

up and she was unable to get a hold of her. Around this same time, C.H.’s attendance at

her daycare became inconsistent. Additionally, there were reports that both C.H. and

K.H. were frequently dropped off at daycare without underwear or appropriate clothes

and without milk/formula for K.H.

4 Nos. 40529-0-III (Consol. with 40530-3-III, 40531-1-III, 40532-0-III) In re Dependency of J.S., G.S., C.H., K.H.

On November 30, 2023, a CPS intake was initiated after C.H. was dropped off at

Little Scholars Early Learning Center and had what was described as bruises on her. The

daycare staff reported that they had noticed a bruise on C.H.’s upper thigh, rib cage, and

leg. Based on her experience, and because C.H. had reported her Mother inflicted the

injuries, a staff member contacted the Department to report suspected child abuse.

CPS social worker Madison Davis arrived and took photographs of the bruises

with her phone. She sent the photographs to Kathy Ormsby, ARNP,3 a child abuse

medical expert who works at Partners with Families and Children (Partners). Upon

reviewing the photographs, Ormsby diagnosed the marks as bruises and concluded that it

did not appear to her that they were from an accidental injury. For this reason, she

recommended that C.H. be seen in the emergency room. The Mother declined this

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