Marlo Coyle, o/b/o B.J.C. v. Nimsha Asia Goins

CourtCourt of Appeals of Washington
DecidedAugust 20, 2015
Docket32418-4
StatusUnpublished

This text of Marlo Coyle, o/b/o B.J.C. v. Nimsha Asia Goins (Marlo Coyle, o/b/o B.J.C. v. Nimsha Asia Goins) 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
Marlo Coyle, o/b/o B.J.C. v. Nimsha Asia Goins, (Wash. Ct. App. 2015).

Opinion

FILED

AUG. 20, 2015

In the Office of the Clerk of Court

W A State Court of Appeals, Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION THREE

MARLO COYLE, on behalf ofBJ.C., ) ) No. 32418-4-111 Appellant, ) ) v. ) ) NIMSHA ASIA GOINS, ) UNPUBLISHED OPINION ) Respondent. )

FEARING, J. We address the superior court's authority to enter sanctions against

a vexatious litigator. Marlo Coyle sought a sexual assault protection order against a

Department of Social and Health Service (DSHS) case worker who evaluated a child in

need of services (CHINS) petition of Coyle's son. The trial court denied Coyle's request

for a protection order and declared her a vexatious litigant. In addition to appealing this

declaration, Marlo Coyle assigns error to the trial court's admission, as exhibits, of

previous protection petitions filed by Coyle, the trial court's refusal to require her son to

testify, and the trial court's construction ofRCW 7.90.010(4)(d), the sexual assault

protection act. We affirm the superior court. No. 32418-4-111 Coyle v. Goins

FACTS

Appellant Marlo Coyle is the mother ofB.J.C., sixteen years old in July 2013. By

that month, BJ.C. had been the subject of four child dependency actions. During July

20l3, BJ.C. fled home. He then filed a child in need of services (CHINS) petition,

alleging neglect and abuse by his mother. BJ.C. claimed that his mother hit him, pulled

his hair, and threatened to shoot him and others. According to BJ.C., his mother called .~

him derogatory names and referred to him as "an ungratefull [sic] piece of shit like [his]

dad." Clerk's Papers (CP) at 28. In response to the petition, Coyle denied striking

BJ.C., except "smacking" him once to gain his attention. Upon the granting of a CHINS

petition, the DSHS may place a child in a crisis residential center, foster family home,

licensed group home facility, or any other suitable residence.

DSHS Division of Children and Family Services (DCFS) assigned social worker

and respondent, Nimsha Asia Goins (Asia Goins) to assist with BJ.C. 's CHINS petition.

As was standard practice, Goins completed a family assessment, helped BJ.C. find a

placement home, and referred BJ.C. for mental health counseling. Goins recommended

to the trial court that BJ.C.'s petition be granted and the trial court concurred.

At the time BJ.C. entered a placement home, he saw a therapist at Spokane

Mental Health, but B.J.C. told Goins he wanted a new therapist. Goins referred BJ.C. to

Lutheran Social Services and Spokane Therapist. BJ.C. decided to see Jeff Wirth at

Spokane Therapist. Goins had recently begun his own private counseling practice with

No. 32418-4-111 Coyle v. Goins

Spokane Therapist, but he insists he did not benefit financially from referring B.J.C. to

Spokane Therapist.

After B.J.C. filed his CHINS petition, his mother, Marlo Coyle, filed an At-Risk-

Youth (ARY) petition alleging that BJ.C. abused drugs and alcohol, exhibited anger

problems, and engaged in assaultive and aggressive behavior. In the petition, Coyle

alleged that B.J.C. assaulted her, her husband, and BJ.C.'s brother. Granting of an ARY

petition by the juvenile court allows the parent to obtain assistance and support from the

court in maintaining the care. custody and control of the child and to assist in the

resolution of family conflict. We do not know if a court granted Marlo Coyle's ARY

petition. BJ.C.'s CHINS placement lasted about seven months.

On November 20, 2013, Marlo Coyle started a Facebook Page titled: "The Fight

For [B.]-An End to A Corrupt System," in which she chronicled her "battle" with DCFS

and posted photos of Jeff Wirth and Asia Goins. CP at 61. In one posting on the

Facebook site, Coyle alleged that Goins engaged in sexual conduct with her son. On

December 2,2013, Marlo Coyle filed a complaint with the State of Washington Office of

the Family and Children's Ombuds. She alleged that Asia Goins engaged in

unprofessional conduct when he referred BJ.C. to Spokane Therapist.

On December 13,2013, the trial court's court commissioner, in the CHINS

petition suit, found Marlo Coyle in contempt for willful violation of an order prohibiting

her from having contact with B.J.C. 's placement custodians absent a true emergency.

The court commissioner also stated in its order:

The court is close to ordering that [Coyle] is deemed a vexatious litigant. The mother cannot file any additional motions (including any petition) until she has provided proof from her medical [doctor] that she is unable to take [mental] health medications based upon her medical condition.

CP at 25. The "medical condition" referred to by the court was a heart condition. Report

of Proceedings (RP) at 46. After a CHINS hearing, Marlo Coyle stated in the courthouse

hall that she would file a complaint against the court commissioner, and she yelled that

Asia Goins was a child molester.

On January 10,2014, Asia Goins resigned from DCFS. Goins' DCFS supervisor

then informed him: "Had you not resigned, the current investigation against you would

have continued and if allegations were substantiated, I would have sought to impose

appropriate discipline." CP at 34. On February 13,2014, the family and children's

ombudsman informed Marlo Coyle that it substantiated her complaint and found that

Asia Goins engaged in unprofessional conduct when referring B.J.C. to Spokane

Therapist. On February 26, 2014, B.J.C. dismissed his CHINS petition and returned to

Coyle's home.

No. 32418-4-III Coyle v. Goins

PROCEDURE

On March 5, 2014, Marlo Coyle filed, on behalf ofBJ.C., a petition for a sexual

assault protection order against Asia Goins. The trial court's order denying this petition

is the order on review before this appeals court.

In her petition for a protection order, Marlo Coyle asserted four principal

allegations of sexual misconduct toward her son by Asia Goins. First, during the CHINS

petition, Goins followed BJ.C. into the bathroom at the courthouse, poked his head over

the stall in which BJ.C. stood, and asked to see BJ.C.'s penis. Second, Goins appeared

at one ofBJ.C.'s urology appointments and refused to leave until asked by BJ.C. in the

presence of a doctor. Third, Goins approached BJ.C. at a coffee shop and asked ifhe

"would be interested in getting 'into things w/another man.''' CP at 3-4. Goins informed

BJ.C. that this contact would be experimental, rather than homosexual in nature. BJ.C.

replied that he liked girls. Fourth, on one occasion, Goins caressed BJ.C.'s face and the

back of his head, and, on another occasion, Goins kissed BJ.C.'s forehead. As part of

the petition, Coyle declared that BJ.C. feared for his safety and dreaded seeing a

psychologist because of Goins' actions. Coyle also averred: "I fear because of the

corruption in this case I will be retaliated against harassed & am in fear of what this man

is capable of." CP at 4. In addition to filing the petition, Marlo Coyle reported Asia

Goins to the police.

On March 5, 2014, the trial court granted a temporary sexual assault protection

5 No. 32418-4-111 Coyle v. Goins

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