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Legal Opinion

Davis v. Department of Social & Health Services

Court of Appeals of Washington

Decided February 4, 2008No. 59291-2-IPublishedCited by 7 opinions

1Opinion of the CourtSchindler, J.

¶1 Kyisha Davis appeals the trial court’s determination that her daughter is a dependent child under RCW 13.34.030(5)(b). Davis contends substantial evidence does not support the finding that she neglected her daughter M.S.D. by failing to protect her from the risk posed by Davis’s boyfriend, Seth Poirier. Because the Department of Social and Health Services (DSHS) did not show that Poirier’s 10-year-old prior conviction for assault and criminal mistreatment of his 2-month-old baby constituted a clear and present danger to 7-year-old M.S.D.’s health, safety, or welfare, we reverse.

FACTS

¶2…

2Cases cited7 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Smith v. Stillwell-SmithWashington Supreme Court · 1998
  3. State v. MotherwellWashington Supreme Court · 1990
  4. Milligan v. ThompsonCourt of Appeals of Washington · 2002
  5. Hamilton v. Department of Social & Health ServicesCourt of Appeals of Washington · 2001

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3Cited by7 opinions

  1. Davis v. Department of Social & Health ServicesCourt of Appeals of Washington · 2008
  2. Dependency Of: G.b., 12/23/08, Dshs, Resp v. Kevin Banks, AppCourt of Appeals of Washington · 2015
  3. In Re Dependency Of M.s., Sharrah Viola Wood v. DcyfCourt of Appeals of Washington · 2020
  4. In Re The Dependency Of A.h., J.h. And O.h.Court of Appeals of Washington · 2015
  5. In Re The Dependency Of: J.g.Court of Appeals of Washington · 2020

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