In Re Dependency of Df-M.

236 P.3d 961
CourtCourt of Appeals of Washington
DecidedAugust 2, 2010
Docket63624-3-I
StatusPublished
Cited by24 cases

This text of 236 P.3d 961 (In Re Dependency of Df-M.) 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 Df-M., 236 P.3d 961 (Wash. Ct. App. 2010).

Opinion

236 P.3d 961 (2010)

In the Matter of the DEPENDENCY OF D.F.-M., (DOB: 7/19/05), Minor Child.
Alyce Fabian-Miller, Petitioner,
v.
State of Washington, Department of Social and Health Services, Petitioner.
Rico Verner, Respondent.

No. 63624-3-I.

Court of Appeals of Washington, Division 1.

August 2, 2010.

*962 Christopher Gibson, Nielsen Broman Koch, Gregory C. Link, Washington Appellate Project, Seattle, WA, for Petitioner.

Michael S. Majors, Office of Attorney General, Everett, WA, for Respondent.

ELLINGTON, J.

¶ 1 This case requires us to decide whether the interstate compact on placement of children applies to parental placements. We hold it does not, and affirm the trial court's decision to place D.F.-M. with his father in Oklahoma.

FACTS

¶ 2 D.F.-M. was born on July 19, 2005. On December 22, 2005, a Washington court entered an order in a parentage action, finding that Rico Verner is D.'s father and designating his mother, Alyce Fabian-Miller, as his custodian. The order reserved the issue of a parenting plan for future determination upon motion by either party. No parenting plan was ever entered.

¶ 3 Starting in 2006, the Department of Social and Health Services (DSHS) received a series of referrals alleging neglect, domestic violence, and drug use by Fabian-Miller. In 2007, Fabian-Miller signed a voluntary service plan and a safety plan in response to the allegations. She failed to comply with the plans. In March 2008, DSHS placed her children, including D., in protective custody, and filed dependency proceedings. At that point, DSHS did not know Verner's whereabouts, or what role he played in D.'s life. It was believed his last known address was in Tulsa, Oklahoma.

¶ 4 On April 16, 2008, the juvenile court entered an agreed order finding D. to be a dependent child as to Fabian-Miller and ordering that he be placed in DSHS-approved out-of-home care. Verner had yet to be served with the dependency petition, and did not appear or otherwise participate. The court nevertheless ordered Verner to contact DSHS to determine what services were necessary and to establish an appropriate visitation schedule.

¶ 5 Shortly thereafter, Verner learned that D. was in foster care. He contacted DSHS to express "extreme interest" in having his son placed with him.[1] He was served with the dependency petition. DSHS submitted a request to Oklahoma under the interstate compact on placement of children[2] (ICPC) seeking a home study regarding Verner and *963 its agreement to supervise D.'s placement there. After a home study, Oklahoma declined to accept supervision. The Oklahoma social worker noted that Verner had never parented his child, had not completed a DSHS-recommended, although not court-ordered, parenting class, did not have a steady income, was attending school in the evenings and would not be able to parent the child should he become gainfully employed, drove a car without a driver's license or insurance, lacked a child's car seat, and "did not appear to be" honest with the social worker about a relationship he was involved in.[3] Oklahoma recommended reevaluating Verner after he completed a parenting class and became gainfully employed. DSHS was supportive of Verner's efforts to have D. placed with him, but would not recommend placement absent Oklahoma's agreement.

¶ 6 Verner responded to the dependency petition, requesting that it be dismissed and that D. be placed with him. On October 20, 2008, he filed a motion seeking to have D. placed with him in Oklahoma. Verner had addressed some of the concerns cited by the Oklahoma social worker. He was employed, was approaching completion of his welding degree, and explained that his mother would help with D.'s care while he was at school or work. He had also ended the relationship the social worker had expressed concern about. The court denied the motion without prejudice and invited Verner to renote the motion once he addressed the other concerns raised in the home study and completed a parenting class.

¶ 7 By April 2009, Verner had completed a parenting course, moved in with his mother, completed school, was no longer in contact with his ex-girlfriend, was maintaining his employment while looking for opportunities in his new field, and was in the process of obtaining a driver's license. He was also having weekly phone contact with D. DSHS made a second request that Oklahoma agree to D.'s placement with Verner.

¶ 8 Oklahoma again refused, this time on grounds of inadequate housing. Under an Oklahoma policy, Verner's housing was inadequate because Verner, his mother, and D. would all live in a two-bedroom residence. The Oklahoma social worker who performed the home study did not visit the residence, but assessed it based on a telephone conversation with Verner.

¶ 9 On May 28, 2009, Verner renewed his motion to have D. placed with him. In the meantime, he had acquired a vehicle, obtained insurance, and was in the process of obtaining an Oklahoma driver's license. The court held a hearing on June 1, 2009. Verner argued he had addressed all concerns raised in the 2008 ICPC home study, and explained the living arrangements intended to accommodate his family.

¶ 10 Fabian-Miller opposed the motion, claiming Verner had unresolved anger issues and had had no contact with D. since the child was seven months old. She also claimed Verner threatened to beat one of her other children when she was pregnant with D.

¶ 11 DSHS stated it had no basis to believe Verner was not a fit parent. But DSHS argued that without a positive ICPC home study, the court could not lawfully place D. with Verner in Oklahoma. DSHS could not say whether Fabian-Miller was likely to be successful in reuniting with her children.

¶ 12 The court ordered D. placed with Verner. Fabian-Miller moved to stay the order while she sought discretionary review in this court. On June 5, the trial court denied the stay. D. left with Verner for Oklahoma.

¶ 13 We granted Fabian-Miller's request for discretionary review.

DISCUSSION

¶ 14 The only issue presented by this case is whether the ICPC applies to parental placements.

¶ 15 Verner first argues the issue is not properly before us. He contends Fabian-Miller raised it for the first time in her motion for a stay, and that she did not designate the June 5 order in the notice of appeal.

*964 ¶ 16 We disagree with this reading of the record. The subject of the June 1 hearing was the impact of the Oklahoma home study on D.'s placement. Although Fabian-Miller focused on the desirability of the placement, the State argued that the negative home study precluded it. The ICPC issue was thus before the court at the June 1 hearing. Also, in Fabian-Miller's motion to stay, she argued that a positive ICPC home study is required before a court sends a child to another state. Accordingly, the June 5 hearing included an extensive discussion of the compact. Fabian-Miller's motion was in substance a motion for reconsideration, and the appeal from the June 1 order brought up for review the June 5 order as well.[4] The effect of the compact upon D.'s placement is properly before us.

The Interstate Compact on the Placement of Children

¶ 17 An interstate compact is a binding legal instrument which provides for formal cooperation between states.[5] When adopted by a state, compacts are statutory and contractual at the same time.[6] The compact does not express federal law.[7] It is thus construed as a matter of state law.[8]

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Bluebook (online)
236 P.3d 961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dependency-of-df-m-washctapp-2010.