Court hears dispute over compelled substance-use records in dependency case

The Washington Court of Appeals, Division II, heard oral arguments on Sept. 23 in Case No. 62439-7 over whether a superior court properly authorized disclosure of substance use disorder treatment records and provider testimony in a child dependency case involving infant ELDP.

Laura Yellish, counsel for the father EP, argued the Department did not establish the "good cause" required under federal law and that other, less intrusive means (a signed release, ordinary discovery, or testimony from the parent) were available. "Because this disclosure is irreversible and because this bell cannot be unrung, the Court does need to review the issue," Yellish told the panel.

Sierra Sandy, representing the child ELDP, urged the court to deny discretionary review, saying the superior court and commissioner properly found good cause and limited disclosure consistent with federal rules. Sandy said the underlying order authorized disclosure only of records "from 12/22/2025 onward" and limited review to the court, the department and its attorney, EP and his attorney, and the child's guardian ad litem.

Department counsel Mackenzie Menzing told the court that while releases can supply records, live provider testimony serves a different, critical purpose: "there is no replacement for the testimony of a substance abuse provider about the prognosis, diagnosis, and ongoing treatment needs of a parent." Menzing also stated the Department had records in discovery but sought the order to ensure providers could testify if a release were revoked before trial.

The bench questioned counsel about the scope and effect of a revocable release and emphasized the child-protective purpose of dependency law. The court noted the next dependency hearing is set for Oct. 12 and expressed concern about leaving a child's placement "in limbo" while appellate review is pending. The appeals court did not issue a ruling at the hearing.