In Re Dependency of GAR

150 P.3d 643
CourtCourt of Appeals of Washington
DecidedJanuary 22, 2007
Docket56943-1-I
StatusPublished
Cited by9 cases

This text of 150 P.3d 643 (In Re Dependency of GAR) 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 GAR, 150 P.3d 643 (Wash. Ct. App. 2007).

Opinion

150 P.3d 643 (2007)

In re the DEPENDENCY OF G.A.R., DOB: 7/16/2001, A minor child.
Tiffiney Sieffert, Appellant,
v.
State of Washington, Department of Social and Health Services, Respondent.

No. 56943-1-I.

Court of Appeals of Washington, Division 1.

January 22, 2007.

Elaine L. Winters, David L. Donnan, Washington Appellate Project, Attorneys at Law, Seattle, WA, for Appellant.

Shara Jeanne Delorme, WA State Aty. Gen. Ofc., Everett, WA, for Respondent.

GROSSE, J.

¶ 1 Records of juvenile justice or care agencies are deemed confidential at the juvenile court level pursuant to statute.[1] General Rule 15(g) states that "[c]ourt records sealed in the trial court shall be sealed from public access in the appellate court subject to further order of the appellate court." "Seal" is *644 defined by GR 15(b)(4) as "to protect from examination by the public or nonauthorized court personnel." We hold that this language is sufficient to include the statutory "confidential" classification. Therefore, because the official juvenile court file, the social file, and the records of the juvenile justice and care agencies in this case were protected from examination by the public in the juvenile court as "confidential," we hold those same items are sealed from public access on appeal subject to further order of the appellate court, pursuant to GR 15(g). In addition, the mother's assertion on appeal that she received ineffective assistance of counsel is controlled and sustained by this court's decision in In re Welfare of J.M.[2]

FACTS

¶ 2 The superior court terminated the parental rights of Tiffiney Sieffert to her 4-year-old son G.A.R. Sieffert was not present at the termination hearing.

¶ 3 At the start of the hearing the State offered for admission 65 exhibits, including written reports by several experts. Sieffert's counsel stated, "No objection" to the admission of these exhibits.

¶ 4 The State then called the only witness, Myron Egbers, a Department of Social and Health Services (DSHS) social worker who was assigned to G.A.R.'s case. Egbers had prior experience as a mental health therapist but did not have a license to serve as a counselor. Egbers was the petitioner when dependency proceedings commenced. Egbers testified that in 2001 he had received a referral from G.A.R.'s pediatrician that G.A.R. had missed one or two appointments and that the physician was concerned G.A.R. would fail to thrive. He then testified that he went on a home visit to check out G.A.R. and spoke to Sieffert about taking him to see the doctor.

¶ 5 Egbers further testified that during the two months of his involvement in the dependency proceedings he provided G.A.R.'s parents with referrals for drug and alcohol evaluations, information on how to obtain visitation, and information on how to obtain random monitored urine analyses (UAs). Egbers testified that during his involvement in the case the parents did not comply with his request for random monitored UAs, nor did they attend drug and alcohol assessment. He also said they did visit G.A.R. but would miss visits. Egbers testified that he documented events relating to the dependency in a service episode record system. The event log from this system was admitted into evidence.

¶ 6 Egbers was reassigned to G.A.R.'s case on December 15, 2003. He testified that at that time the parents had not complied with the court-ordered requirements in G.A.R.'s case, but there had been some compliance along the way. Egbers also testified that when he was reassigned to the case there was evidence that the parents had attended a psychological evaluation conducted by Dr. Elizabeth Nyblade. Dr. Nyblade's reports had been admitted into evidence. Egbers testified at length about the contents of Dr. Nyblade's reports and explained what he understood her diagnosis to mean.

¶ 7 With respect to Sieffert he was asked what Dr. Nyblade's assessment stated about her personality. Egbers stated, "I believe that she was diagnosed with personality disorder or NOS or not otherwise specified with borderline antisocial features." He was then asked to explain what Dr. Nyblade's diagnosis meant and how that diagnosis might affect her parenting. Specifically, Egbers testified that Sieffert's diagnosis meant that she would "not have the mental health to care for children."

¶ 8 Egbers then testified about the difficulties he experienced contacting the parents and their failure to visit G.A.R. He also testified that Sieffert had taken "very few" UAs and could recall "only . . . one" collected in September of 2003 that tested positive for methamphetamines. He further testified that Sieffert had undergone a drug and alcohol evaluation from Dellamas & Associates and said, "I believe they recommended outpatient treatment and random UAs." These reports also had been admitted into evidence.

*645 ¶ 9 The State asked Egbers whether the parents followed the recommendations from a parenting assessment done by William S. Mattila, which had been admitted into evidence. Egbers stated that they had not.

¶ 10 Egbers then testified that in his opinion the parents had been offered all services capable of correcting their deficiencies, there was little likelihood that conditions would be remedied so that the child could return home in the near future, a continuation of the parent/child relationship interfered with a permanent, stable home for the child, and it was in the child's best interests to have his parents' rights terminated.

¶ 11 Sieffert's counsel sat silent during Egbers' testimony. When Sieffert's counsel was asked whether he had any questions for Egbers, counsel responded, "Not at this time, Your Honor." He then was asked whether he had any evidence to present. Sieffert's counsel responded, "No, Your Honor." Finally, when asked if he had any final remarks, Sieffert's counsel stated, "Just briefly, Your Honor. I wish I had a case to present if my client were here, but other than that I do not have anything else." He also added in response to similar remarks by the father's counsel that he had made his best efforts to contact Sieffert and inform her of the hearing.

¶ 12 The court incorporated data from the reports of Dr. Nyblade, Mattila, and Dellamas & Associates into its findings of fact. The court called the reports clear, cogent and convincing. The court ordered G.A.R. into the permanent legal custody of DSHS.

¶ 13 Sieffert now appeals, claiming her counsel's performance was ineffective and thus was deprived of due process of law. She also challenges the sufficiency of the evidence used to support the trial court's termination order. Finally, Sieffert asks this court to seal the clerk's papers, verbatim report of proceedings, and exhibits.

ANALYSIS

Ineffective Assistance

¶ 14 This case is essentially the same as a recent published case from Division Three, In re the Welfare of J.M.[3] In J.M., the mother became distraught just before the termination hearing and left the courthouse, leaving her attorney alone to represent her. Just as in this case, the mother's attorney stipulated to the admission of relevant but highly damaging written reports by non-testifying experts. The reports all came into court by way of witnesses who were not experts in the relevant fields and could not be cross-examined as to the substance of the reports. The entire defense consisted of a simple statement by counsel that the mother emphatically disputed the allegations made in the case and that she thought it was "totally wrong" for the State to take her child away from her.

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Cite This Page — Counsel Stack

Bluebook (online)
150 P.3d 643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dependency-of-gar-washctapp-2007.