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In Re The Dependency Of L.g.

2026-08-24

Summary

Holding. The court vacated the juvenile court's order denying concurrent jurisdiction and the shelter care order placing the children with Mother's neighbor, concluding that the juvenile court violated Father's procedural due process rights by preventing him from meaningfully participating in the hearing where his children's placement was disputed.

Father appealed a juvenile court order that denied his request for concurrent jurisdiction between a dependency case and a civil protection order action, and that placed three children in the home of the mother's neighbor during a shelter care hearing. Although the dependency case was subsequently dismissed, making the appeal technically moot, the court considered the case because it raised an issue of substantial and continuing public interest regarding a parent's right to participate in proceedings affecting child placement.

The core dispute centered on whether the protective order preventing Father from contacting Mother precluded him from appearing at the shelter care hearing held for Mother. The father had requested concurrent jurisdiction to modify the protective order so he could attend and participate in the dependency proceedings. The juvenile court denied this motion and, at Mother's shelter care hearing, prohibited Father from appearing in person or remotely, allowing only his attorney to represent him. The court immediately placed the children with Mother's neighbor based partly on Father's concerns about the placement being characterized as attempts to control the proceedings.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a protective order prohibiting in-person contact between parents restricts a parent's right to appear at dependency proceedings
  • Whether preventing a parent from testifying and hearing evidence at a shelter care hearing violates procedural due process
  • Whether representation by counsel and written submissions adequately substitute for a parent's direct participation in contested placement decisions

Procedural posture

Father appealed from a juvenile court shelter care hearing order and order denying concurrent jurisdiction; the appeal became moot when the dependency case was dismissed, but the court addressed it as an issue of continuing public interest.

Authorities cited

Opinion

majority opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

In the Matter of Dependency of:

No. 87604-0-I (consolidated with

L.G., M.G., S.G. No.s 87605-8-I; 87606-6-I)

Minor Children. DIVISION ONE

PUBLISHED OPINION

BUI, J. — Father appeals the juvenile court’s shelter care hearing order

placing the children with Mother’s neighbor, and the order denying concurrent

jurisdiction between the ongoing dependency case and a civil protection order

(PO) action pending in superior court. 1 Because the dependency case was

dismissed and the children are no longer placed with Mother’s neighbor, the

appeal is moot. However, we review the appeal because this case involves an

issue of substantial and continuing interest, that is, whether due process is

violated when a parent is deprived of an opportunity to meaningfully participate in

proceedings related to the placement of their children. We vacate the juvenile

court’s order denying concurrent jurisdiction, and the shelter care order placing

the children with the Mother’s neighbor.

FACTS

Father and Mother share three young daughters, S.G., L.G., and M.G

1 To avoid confusion, we refer to the parties as Father and Mother because they have the

same initials.

No. 87604-0-I/2 (Consl. w/ 87605-8-I; 87606-6-I)

(children). In 2021, the superior court entered a PO restraining Father from

having contact, in person or through other means with Mother and their three

children, and prohibiting Father from coming within 500 feet of Mother’s

residence, workplace, and the school or day care of their three children. There

were no restraints prohibiting Father from attending courtroom proceedings,

where Mother was also in attendance. Every order to renew the PO adopted the

same provisions, and the most recent renewal was entered on February 20,

2024.

In 2024, the Department of Children, Youth, and Families (DCYF) brought

a dependency action for all three children. On November 26, 2024, Father

agreed to bifurcated shelter care hearings based on the belief the PO restrained

contact between Mother and Father at court proceedings, resulting in the

parents’ shelter care hearings occurring on different dates. On December 6,

2024, at the father’s shelter care hearing, there was no discussion of the

children’s placement.

On December 13, before Mother’s scheduled shelter care hearing, Mother

filed two requests: that her visits change from monitored to unsupervised visits

and that the children be removed from foster care and “placed with suitable

other/fictive kin, Aphrodite Reynolds,” who resided in the same apartment

complex as Mother. Father submitted a written response opposing both of

Mother’s requests and moved the juvenile court for concurrent jurisdiction with

the superior court, so the most recent PO could be modified to permit him to

attend and participate in the dependency action.

2

No. 87604-0-I/3 (Consl. w/ 87605-8-I; 87606-6-I)

At Mother’s shelter care hearing on December 17, Father’s counsel

appeared on his behalf, Father did not appear, and Mother appeared via video.

Both counsel and a DCYF social worker appeared in person. Mother’s counsel

objected to concurrent jurisdiction, arguing that “[Father’s] motion raises huge red

flags for me” because counsel contended Father’s reasons for requesting

concurrent jurisdiction were veiled attempts to exert control over Mother to

perpetrate further domestic violence by appearing in the same courtroom as

Mother. Father’s counsel disagreed and responded that Father could appear

remotely and meet with counsel in breakout rooms for private attorney-client

conversations during dependency proceedings. The juvenile court did not

address Father’s suggested alternative courtroom participation procedures.

The juvenile court denied Father’s motion for concurrent jurisdiction

adopting language from Mother’s counsel’s argument, “[Father’s] request raises

red flags for the Court.” The juvenile court also granted Mother’s motion to

immediately place the children with Mother’s neighbor Reynolds, ruling there was

“no reason articulated why the suitable other [Reynolds] is not suitable.”

Father filed a motion for discretionary review on the issues of whether the

juvenile court violated his substantive and procedural due process rights by

prohibiting his participation in his children’s shelter care hearings. We granted

discretionary review. 2

ANALYSIS

2 Ruling Granting Discr. Review, In re Dependency of L.G., No. 87604-0-I (Wash. Ct.

App. September 15, 2025).

3

No. 87604-0-I/4 (Consl. w/ 87605-8-I; 87606-6-I)

At oral argument, appellate counsel told this court the dependency action

was dismissed on December 18, 2025. 3 Because the dependency action was

dismissed, we cannot provide relief, and Father’s challenge to the juvenile court’s

orders is moot. A case is moot when we can no longer provide effective relief.

State v. T.J.S.-M., 193 Wn.2d 450, 454, 441 P.3d 1181 (2019).

We do not consider moot issues unless they present “a matter of

‘continuing and substantial public interest.’ ” State v. Beaver, 184 Wn.2d 321,

330, 358 P.3d 385 (2015) (citing Sorenson v. City of Bellingham, 80 Wn.2d 547,

558, 496 P.2d 512 (1972)). In determining whether a sufficient public interest is

involved, we consider “ ‘(1) the public or private nature of the question presented,

(2) the desirability of an authoritative determination for the future guidance of

public officers, and (3) the likelihood of future recurrence of the question.’ ”

Beaver, 184 Wn.2d at 330-31 (quoting State v. Hunley, 175 Wn.2d 901, 907, 287

P.3d 584 (2012)).

The nature of a parent’s participation in their shelter care hearings

involving their children’s placement and visitation is an issue public in nature

because it transcends the parties in this proceeding. See Beaver, 184 Wn.2d at

331. An opinion on this issue is desirable to provide future guidance to public

officers, and the issue may recur in the absence of appellate vigilance. 4 Thus, we

address this issue despite the dismissal of the dependency action.

3 In compliance with this court’s instruction, counsel for the State and DCYF filed the

orders dismissing the dependency, to supplement the appeal record. Order Dismissing Dependency, (King County Super. Ct., December 18, 2025).

4 See, e.g., State v. McGuire, 12 Wn. App. 2d 88, 456 P.3d 1193 (2020); State v. Buck,

34 Wash. App. 2d 188, 194, 567 P.3d 54, review granted, 5 Wn.3d 1001, 574 P.3d 581 (2025), and aff’d, 6 Wn.3d 524, 588 P.3d 1071 (2026).

4

No. 87604-0-I/5 (Consl. w/ 87605-8-I; 87606-6-I)

As a preliminary matter, it was not necessary for the juvenile court to

exercise concurrent jurisdiction with the parallel PO proceeding for Father to

participate in his children’s placement hearings. That is because the PO did not

contain any language that prohibited Father’s participation at Mother’s shelter

care hearings, or any hearing involving the children’s placement and visitation.

We turn to Father’s contention, that the juvenile court violated his

procedural due process rights by not permitting him to hear, respond to, or object

to evidence offered in support or against children’s placement during Mother’s

shelter care hearing. We agree.

The Washington Constitution provides “[n]o person shall be deprived of

life, liberty, or property, without due process of law.” WASH. CONST. art. I, § 3. In

the context of a dependency proceeding, parents have the right to “be

represented by an attorney . . . , to introduce evidence, to be heard in his or her

own behalf, to examine witnesses, to receive a decision based solely on the

evidence adduced at the hearing, and to an unbiased fact finder.” RCW

13.34.090(1); see also In re Dependency of H.W., 70 Wn. App. 552, 555-56, 854

P.2d 1100 (1993).

In determining whether a parent received due process, we must balance

(1) the parent’s interests, (2) the risk of error created by the procedures used and

the likely value of additional safeguards, and (3) the State’s interests. Mathews v.

Eldridge, 424 U.S. 319, 335, 96 S. Ct. 893, 47 L. Ed. 2d 18 (1976)). We review

whether a proceeding violates due process de novo. In re Welfare of J.M., 130

Wn. App. 912, 920, 125 P.3d 245 (2005).

5

No. 87604-0-I/6 (Consl. w/ 87605-8-I; 87606-6-I)

While Father has a fundamental liberty interest in the care and custody of

his children, 5 the State and DCYF has an “equally compelling interest in

protecting the physical, mental and emotional health of the children.” 6 To balance

these two interests, we consider the procedures used to determine the risk that

Father’s interest was erroneously deprived.

Father argues the juvenile court created a high risk of error by judging his

credibility without hearing live testimony and prohibiting him from providing input

into his children’s placement. In support of his contention, Father relies on In re

Dependency of R.L., 123 Wn. App. 215, 98 P.3d 75 (2004). In R.L., at a shelter

care hearing, the father sought to testify that placement with the children’s

maternal grandmother was unsafe because the grandmother lived in a drug

house. 123 Wn. App. at 219. The court refused to hear the father’s testimony,

stating, “I don’t buy anything you have said.” R.L., 123 Wn. App. at 224. The

court placed the children with their maternal grandmother without giving

“credence to [the father’s] position.” R.L., 123 Wn. App. at 224. This court

concluded the trial court’s judgment of witness credibility without hearing live

testimony violated the father’s due process rights. 123 Wn. App.at 224.

Similar to R.L., at the shelter care hearing, the juvenile court not only

barred Father from presenting testimony on his own behalf, but also prevented

him from hearing Mother’s testimony in-person or remotely. Contrary to DCYF’s

contention that witness credibility was not disputed, the juvenile court weighed

5 In re Dependency of K.D.S., 176 Wn.2d 644, 652, 294 P.3d 695 (2013).

6 H.W., 70 Wn. App. at 555.

6

No. 87604-0-I/7 (Consl. w/ 87605-8-I; 87606-6-I)

witnesses’ credibility in determining whether to place the children with Reynolds.

In the court’s rulings, it indicated Father’s request “raise[d] red flags,” 7 and was

an attempt to control the dependency proceedings. We first note that we would

expect that the judge presiding over the hearing controls the proceedings,

including the conduct of all who are in the courtroom. That is true even when the

hearing involves highly contentious family law matters. Nothing in the record

supports that the anticipated conduct of the Father was such that it would render

the hearing uncontrollable for the judge.

The court also stated there was “no reason that was articulated why the

suitable other, [Reynolds], is not suitable,” to which Father had no opportunity to

respond. However, if the juvenile court gave credence to Father’s belief that

Reynolds was not a suitable alternative, it may not have been so quick to dismiss

Father’s concerns as a manipulation tactic. Because the juvenile court, like the

trial court in R.L., judged Father’s credibility without hearing live testimony, there

was an increased risk of error and prejudice. R.L., 123 Wn. App. at 224.

At the time this court issued its opinion in R.L., it issued a companion

case, In re Dependency of H.W., 123 Wn. App. 237, 98 P.3d 81 (2004), which is

instructive. In H.W., the mother sought to present expert witness testimony

concerning whether the mother had the ability to care for her child, to support the

mother’s request for reunification with her children. 123 Wn. App. at 239. The trial

7 The juvenile court adopted this language from Mother’s counsel’s argument at the

shelter care hearing.

7

No. 87604-0-I/8 (Consl. w/ 87605-8-I; 87606-6-I)

court denied the request for expert testimony but allowed the mother to submit

written declarations from her proposed witnesses. 123 Wn. App. at 240.

The court held that the trial court’s proposed alternative of written

declarations was an insufficient safeguard, concluding “[o]ral presentations

. . . have more flexibility than written submissions and can be essential to due

process[.]” H.W., 123 Wn. App. at 243. The court also rejected the State’s

argument that the mother’s appearance through counsel was sufficient, as there

was a significant factual dispute rather than a pure legal issue to be resolved.

123 Wn. App. at 242.

In this case, DCYF makes the same arguments rejected in H.W. DCYF

contends there were adequate procedural safeguards because the juvenile court

heard “extensive argument” from Father’s counsel, that the court noted Father’s

placement objection, and that Father received written notice about the proposed

placement and was able to respond in writing through pleadings prior to and after

the hearing. Although “[t]he ability to defend through counsel reduces the risk of

error,” 8 H.W. rejected the proposition that written submissions are a sufficient

substitute for a parent’s oral presentation. H.W., 123 Wn. App. at 243. Further,

the juvenile court did not even consider Father’s remote appearance as an

alternative to in-person appearance, if the trial court had concerns regarding

having Mother and Father appear in the same courtroom.

8 In re Welfare of L.R., 180 Wn. App. 717, 725, 324 P.3d 737 (2014); see also In re

Dependency of J.W., 90 Wn. App. 417, 428-29, 953 P.2d 104 (1998).

8

No. 87604-0-I/9 (Consl. w/ 87605-8-I; 87606-6-I)

Thus, we conclude the risk of error created by the procedures used was

high, and the procedural safeguards used were insufficient.

On balance, the Mathews factors establish that the juvenile court’s

prohibition on Father’s participation in Mother’s shelter care hearing violated his

procedural due process rights. Although DCYF has an important interest in

protecting children and victims of domestic violence, Father had a fundamental

liberty interest in the care and custody of his children. The juvenile court also

provided insufficient safeguards to outweigh the risk of error and prejudice of

Father being unable to participate in the shelter care proceeding. Thus, the

juvenile court violated Father’s due process rights by denying Father the

opportunity to meaningfully participate in a hearing where his children’s

placement was disputed.

Father also asserts the juvenile court’s prohibition on his participation in

the shelter care hearing violated his substantive due process rights. We do not

address this contention, given our procedural due process ruling.

Generally, where, as here, a parent’s procedural due process rights were

violated, we would reverse the juvenile court’s placement and remand for

proceedings consistent with this opinion. But in this case, no purpose would be

served by remand because the dependency action was dismissed, and the

children are no longer placed with Reynolds. Thus, we vacate the juvenile court’s

order denying concurrent jurisdiction, and the shelter care order placing the

children with Reynolds.

9

No. 87604-0-I/10 (Consl. w/ 87605-8-I; 87606-6-I)

WE CONCUR:

10