In Re Dependency of KB

210 P.3d 330
CourtCourt of Appeals of Washington
DecidedJune 30, 2009
Docket36705-0-II
StatusPublished
Cited by11 cases

This text of 210 P.3d 330 (In Re Dependency of KB) 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 KB, 210 P.3d 330 (Wash. Ct. App. 2009).

Opinion

210 P.3d 330 (2009)

In re the DEPENDENCY OF KB,
Joan Rioux, Appellant,
v.
Department of Social and Health Services, Respondent.

No. 36705-0-II.

Court of Appeals of Washington, Division 2.

June 30, 2009.

*331 Gary Alan Preble, Attorney at Law, Olympia, WA, for Appellant.

Sara Jo Vanmeter, Office of Attorney General, Olympia, WA, for Respondent.

PENOYAR, A.C.J.

¶ 1 Joan Rioux appeals the trial court's denial of her request for attorney fees and penalties against the Department of Social and Health Services (DSHS) for delaying production of records regarding herself and her dependent child. Rioux argues that the trial court erred by (1) failing to impose sanctions against DSHS under the Public Records Act (PRA),[1] chapter 42.56 RCW; (2) concluding that RCW 13.50.100(10) does not apply in a dependency guardianship proceeding; and (3) concluding that the civil rules of discovery are the exclusive means for seeking a remedy when DSHS fails to provide records in a dependency guardianship proceeding. We reverse the trial court's ruling *332 that RCW 13.50.100(10) does not apply in a dependency guardianship proceeding. Because Rioux did not comply with the statute's provisions, we affirm the ruling denying her request for attorney fees, costs, and sanctions and requiring that she comply with the civil rules of discovery.

FACTS

¶ 2 In June 2006, DSHS filed a guardianship petition regarding Rioux's daughter, KB. KB has been a dependent child since March 2005. After a guardianship hearing on June 29, 2006, the juvenile (trial) court entered an order appointing a dependency guardian.[2] On July 18, 2006, Rioux submitted a request for records form to DSHS, requesting "[a]ll documents and/or information whatsoever" regarding herself and her daughter.[3] Clerk's Papers (CP) at 35. She did not, however, file a request for production or request discovery of these records pursuant to the civil rules. DSHS sent Rioux a letter in response, in which it acknowledged its receipt of her request but did not indicate a date by which it would provide the records.[4] Instead, it stated that it had forwarded Rioux's request to her social worker for further processing because its records indicated that her record was currently active, and that she should contact her social worker for further information about the disclosure process.

¶ 3 In November 2006, Rioux moved to vacate the guardianship. The trial court granted her motion and set the matter for trial on May 1-3, 2007.[5] Again, Rioux did not request discovery of DSHS records pursuant to the civil rules of discovery during this time. Not having received any records from DSHS, Rioux filed a motion requesting access to records, attorney fees, and a daily fine of $100 for each day her requests were not fulfilled[6] in Mason County juvenile court on March 15, 2007. She also requested a separate fine for the tribal records that DSHS did not provide in response to her 2004 request. On March 21, a day before the trial court heard Rioux's motion, DSHS provided Rioux with approximately 1,600 pages of documents. DSHS concedes that it did not provide Rioux with the requested records until it received her motion.[7]

¶ 4 The trial court commissioner subsequently entered an order denying Rioux's requests for attorney fees and penalties in September 2007. In its order, the trial court commissioner concluded that the civil rules of discovery are the exclusive means for seeking a remedy for DSHS's failure to provide records in a timely manner in a dependency guardianship proceeding. Rioux filed a motion to revise, which the trial court denied. Rioux now appeals.

ANALYSIS

¶ 5 Rioux requests that we reverse and remand with instructions to the trial court to impose sanctions against DSHS "in costs, attorneys fees and daily fines of $100.00 for each day [it] withheld records ... [since she made] her first verbal request in late 2004." *333 Appellant's Br. at 23. We deny her request because she failed to follow the rules for discovery in civil cases as RCW 13.50.100(10) requires.

I. Standard of Review and Legislative Intent

¶ 6 The parties appear to disagree as to the proper standard of review in this case. DSHS initially states that the standard of review is de novo. Citing In re Dependency of T.L.G., 139 Wash.App. 1, 15, 156 P.3d 222 (2007), however, it states that any decisions the trial court made regarding whether Rioux was in fact improperly denied access to records "are similar in nature to factual or evidentiary determinations and should be reviewed under the abuse of discretion standard." Resp't's Br. at 6. Rioux disagrees, arguing that the abuse of discretion standard is not applicable where the trial court's findings are based solely on documentary evidence.

¶ 7 Where, as here, the record on both trial and appeal consists of affidavits and documents, and the trial court has neither seen nor heard testimony requiring it to assess the credibility or competency of witnesses, nor had to weigh the evidence or reconcile conflicting evidence in reaching a decision, the appellate court stands in the same position as did the trial court in reviewing the record. Spokane Police Guild v. Wash. State Liquor Control Bd., 112 Wash.2d 30, 35-36, 769 P.2d 283 (1989). Because the issue in this case is one that consists solely of documentary evidence, involves statutory interpretation, and requires that we determine whether the PRA or chapter 13.50 RCW applies to a particular set of facts, the standard of review is de novo.

¶ 8 We look to the statute's plain language in order to fulfill its obligation to give effect to legislative intent. Lacey Nursing Ctr., Inc. v. Dep't of Revenue, 128 Wash.2d 40, 53, 905 P.2d 338 (1995). When faced with an unambiguous statute, we derive the legislature's intent from the plain language alone. Waste Mgmt. of Seattle, Inc., v. Util. & Transp. Comm'n, 123 Wash.2d 621, 629, 869 P.2d 1034 (1994). When a statute is ambiguous, we will resort to principles of statutory construction, legislative history, and relevant case law to assist in interpretation. Yousoufian v. Office of King County Executive, 152 Wash.2d 421, 434, 98 P.3d 463 (2004) (citing State v. Watson, 146 Wash.2d 947, 955, 51 P.3d 66 (2002)). A statute is ambiguous if it can be reasonably interpreted in more than one way. Yousoufian, 152 Wash.2d at 433-34, 98 P.3d 463 (quoting Vashon Island Comm. for Self-Gov't v. Wash. State Boundary Review Bd.,

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Bluebook (online)
210 P.3d 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dependency-of-kb-washctapp-2009.