In Re Dependency of DA

102 P.3d 847
CourtCourt of Appeals of Washington
DecidedDecember 13, 2004
Docket52507-7-I
StatusPublished
Cited by42 cases

This text of 102 P.3d 847 (In Re Dependency of DA) 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 Re Dependency of DA, 102 P.3d 847 (Wash. Ct. App. 2004).

Opinion

102 P.3d 847 (2004)

In the Matter of the DEPENDENCY OF D.A., a minor child, State of Washington, Department of Social and Health Services, Respondent,
v.
C.A., Appellant.

No. 52507-7-I.

Court of Appeals of Washington, Division 1.

December 13, 2004.

*849 Cheryl D. Aza, Corey Marika Endo, Seattle, for Appellant.

Mary F. Li, Office of the Atty. Gen., Seattle, for Respondent.

Heidi L. Nagel, King Co. Dependency CASA Program, Seattle, for Guardian ad Litem Betty Cherry.

ELLINGTON, A.C.J.

In this termination of parental rights case, the chief issue is whether the necessary services capable of correcting parental deficiencies were offered, despite the failure of the Department of Social and Health Services to offer housing assistance services during a relevant time. The trial court found that all necessary services were offered, and substantial evidence supports that finding. We therefore affirm.

BACKGROUND

On May 13, 1999, C.A. gave birth to D.A.[1] C.A., then 17, immediately faced significant challenges. She was still attending high school. She had mental health issues, a learning disability, and an IQ bordering on mental retardation. And she lived with parents who had serious problems of their own. Her father was an alcoholic with a history of mental illness, and her mother had mental health issues as well.

C.A. relied upon her parents to help care for her son. On April 19, 2000, C.A.'s father became angry and struck D.A. while changing the child's diaper, then threatened to kill C.A. A Child Protective Services (CPS) social worker interviewed C.A. the next day. D.A. was well nourished and had no visible marks or injuries. C.A. refused to move to a teen parent home, but agreed to accept daycare and home support services. She did not follow through with services.

Later that summer, C.A.'s mother moved out. She told CPS she left because C.A.'s father was increasingly physically abusive to her and to C.A. C.A. reported to CPS that her father had "threatened her if she tries to leave his home with [D.A.]"[2]

On July 30, 2000, C.A. planned to take D.A. to see her mother. Her father objected, and wanted C.A. to stay with him, and not leave the house with D.A. Their altercation became physical, and when it ended, C.A. had a broken leg.[3] Police were called. At the hospital, C.A. again refused to move to a teen parent home, but asked that D.A. be placed in foster care to protect him from his grandfather while she recovered.

D.A. was removed from his grandfather's home and placed in foster care. After C.A. left the hospital, she stayed for a week with her mother. But then, although C.A. told her mother she thought her father would hurt her again, she returned to her father's home.

In October, 2000, C.A. signed an agreed order of dependency, stipulating to most of the facts set forth above. The court ordered domestic violence counseling, parenting classes, a psychological evaluation and any recommended treatment, and ordered C.A. to establish a safe, stable, living environment outside her father's home. The plan was for C.A. and D.A. to move in with C.A.'s mother. A schedule of supervised visitation was authorized.

C.A. did not move out of her father's home. Her mother became unavailable as a housing resource after she was jailed for assaulting C.A.'s father. C.A.'s caseworker offered help in finding another living arrangement, but C.A. refused; she later testified she "told them hell no."[4] C.A. also did not comply with the other court-ordered services, did not return caseworker phone calls, and visited D.A. only twice. In December, 2000, the Department moved D.A. into a placement that could provide a permanent adoptive home.

*850 At the first dependency review in January, 2001, the court found that C.A. was ready to do services, and adopted a plan projecting D.A.'s return to C.A. in July, 2001. C.A. began regular visits with D.A. arranged by her new caseworker, Tom Kerns.

In February, C.A. participated in a court-ordered psychological evaluation. The evaluation revealed paranoia, resentment of authority, adjustment disorder with anxiety and depression, and further revealed that C.A. did not possess basic parenting skills or understand why her father's home was unsuitable for raising a child. The evaluator recommended mental health services, parenting classes suitable for C.A.'s developmental abilities, and that she find a safe and stable home. The evaluator also recommended referral to the Department of Developmental Disabilities (DDD). This referral would have included residential assistance. Kerns made the referral, but C.A. did not complete the application. She also did not comply with the other services ordered, or find an alternate living arrangement.

At a permanency planning hearing in June, 2001, C.A. was not in compliance with parenting classes, mental health counseling, developmental disability services, or domestic violence counseling. The court changed the primary plan from reunification to adoption, with an alternate plan of return to mother, and directed the Department to file a petition for termination.

C.A. thereafter made efforts to comply with services. She completed the DDD application in late summer, but was found ineligible. At the December review hearing, she still had not complied with court-ordered mental health services and domestic violence counseling, and still had not secured housing outside her father's home. In June, 2002, C.A. was engaging in the required services, but still had not relocated. The court denied C.A.'s request to reinstate the primary plan of reunification.

A termination petition was signed by Kerns on July 10. That month, with the help of her domestic violence advocate, C.A. applied to Straley House, a supported housing program for homeless young adults.

In August, 2002, DSHS filed the petition to terminate C.A.'s parental rights. Two months later, C.A. moved into Straley House. By the time of trial in April, 2003, C.A. was first on a waiting list for Harmony House, a supported parent-child housing program. The Harmony House program is one to two years. Trial witnesses were unable to predict whether C.A. would be able to parent D.A. independently after completing the Harmony House program.

The trial court acknowledged that C.A. had obtained some services without the help of the Department, but concluded that all necessary services had been offered or provided.[5] The court found that C.A. was not capable of parenting D.A. on her own; that dependency had already endured for three years, which was "way beyond"[6] the time frame contemplated by the statute; that continuing the dependency an additional one to two years to see if C.A. could succeed at Harmony House was outside the near future of the child as contemplated by the statute; and that C.A.'s likelihood of success was speculative in any event. The court noted that C.A. had never lived on her own, had no family support, and would not have structured, supported housing on a long term basis. Finally, the court found that a failed reunification would be "disastrous"[7] for D.A. The court terminated C.A.'s parental rights.

DISCUSSION

An order terminating parental rights may be entered when the six statutory elements set forth in RCW 13.34.180 are established by clear, cogent and convincing evidence, and the court finds that termination is *851

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Cite This Page — Counsel Stack

Bluebook (online)
102 P.3d 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dependency-of-da-washctapp-2004.