In Re JN

95 P.3d 414
CourtCourt of Appeals of Washington
DecidedAugust 3, 2004
Docket29675-6-II
StatusPublished
Cited by15 cases

This text of 95 P.3d 414 (In Re JN) 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 JN, 95 P.3d 414 (Wash. Ct. App. 2004).

Opinion

95 P.3d 414 (2004)

In re Welfare of J.N., a Minor Child.

No. 29675-6-II.

Court of Appeals of Washington, Division 2.

August 3, 2004.

*416 Natalee Ruth Fillinger, The Atty. Generals Office, Margaret Cunniff Holm, Attorney At Law, Olympia, WA, for Respondent.

Peter B. Tiller, Rock & Pine, Centralia, WA, for Appellant.

QUINN-BRINTNALL, C.J.

T.N. appeals the trial court's denial of her petition to revoke the relinquishment of parental rights. T.N. was 15 years old when she consented to relinquishing her parental rights to her two-month-old son. Nearly a year after his adoption, T.N. filed a petition to revoke the relinquishment under RCW 26.33.160 and CR 60(b)(1), (3), and (4), alleging fraud, duress, and mental incompetency, and asserting that the Department of Social and Health Services (DSHS) failed to follow statutory procedures.

The trial court found that T.N. failed to prove that she was incompetent or that her relinquishment was obtained by fraud or duress. It also held that DSHS's failure to provide her with a photocopy of the Consent to Termination/Adoption and Waiver of Right to Receive Notice of Proceedings (relinquishment documents), which she had voluntarily signed with assistance of counsel, did not entitle her to vacate the adoption. We agree and affirm.

FACTS

T.N. was born on March 22, 1986, and was 15 years old when she gave birth to a son, on June 15, 2001. At the time of the baby's birth, T.N. was living with her foster mother, Patty Ashby. Because of concerns for the baby's safety, the child was removed from T.N.'s care between July 3-26, 2001.[1] He was returned to T.N. on July 25, 2001, where he remained with her until August 6, 2001, when T.N. began the process to relinquish her parental rights.

T.N. signed the relinquishment documents at DSHS's office on August 6. Before signing, she reviewed the document line by line with her attorney.

On August 8, T.N.'s guardian ad litem (GAL) contacted T.N. to determine that her decision to relinquish was voluntary. The GAL found T.N. acted voluntarily and filed a stipulation attesting to the voluntariness of T.N.'s relinquishment. The trial court entered an order terminating parental rights by relinquishment on August 15, 2001. B.C. and C.C. adopted the baby in May 2002.

Less than one year after the order terminating her parental rights, but after the adoption,[2] T.N. moved under CR 60 to vacate the adoption, claiming that at the time she filed the relinquishment documents she felt that she had no choice but to relinquish the child and that Ashby, her foster mother, and DSHS continually advised her that she should relinquish the child.

Ashby testified that T.N. herself insisted on relinquishment and adoption and that Ashby had warned T.N. to carefully consider her decision because of the ramifications. The GAL also testified that she spoke with T.N. after T.N. had begun the relinquishment process and that she found no hesitation or undue influence in T.N.'s relinquishment decision. Finally, at the time T.N. signed the relinquishment document, T.N.'s attorney went through the document line by line, including the notice of her ability to *417 revoke relinquishment within 48 hours. Based on the above testimony, the trial court found no clear, cogent, or convincing evidence of fraud, duress, or mental incompetence and refused to vacate the adoption. The trial court denied T.N.'s request to vacate the adoption on November 19, 2002. T.N. appeals.

The issues on appeal center on T.N.'s relinquishment: (1) Does the superior court have jurisdiction to hear an adoption of the dependent child of a dependent child? (2) Did the failure to provide T.N. with a photocopy of the relinquishment documents vitiate her consent? (3) Did the GAL properly perform her statutory duties? (4) Did T.N. prove by clear, cogent, and convincing evidence that she signed the relinquishment documents while incompetent or as a result of fraud and duress on the part of her foster mother, Ashby, the future adopting mother, C.C., and DSHS?

ANALYSIS

SUBJECT MATTER JURISDICTION

T.N. asserts that the superior court lacked jurisdiction to enter an adoption decree involving the dependent minor child of a dependent minor child, arguing that under RCW 13.04.030 all proceedings regarding a dependent minor fall within the exclusive jurisdiction of the juvenile court.

Initially we note that the juvenile court is not a separate level of court but a division of the superior court. RCW 13.04.021.[3]

Chapter 26.33 RCW governs adoption petitions and defines the term "court" when used in adoption proceeding statutes as "the superior court." RCW 26.33.020(5). In addition, RCW 26.33.030(1) requires petitions for adoption to be "filed in the superior court of the county in which the petitioner is a resident or of the county in which the adoptee is domiciled." Hearings on adoption petitions must also be held in superior court. RCW 26.33.060. There is no provision in chapter 26.33 RCW that separates jurisdiction based on the age or status of the biological parent relinquishing custody. The adoption statute further provides that "[i]f the court determines ... that all necessary consents to adoption are valid, ... the court shall enter a decree of adoption pursuant to RCW 26.33.250." RCW 26.33.240(3). There is no support for T.N.'s argument that the superior court lacked subject matter jurisdiction to accept her relinquishment documents and to approve the adoption.

CR 60 Motion

T.N. appeals the denial of her CR 60 motion to vacate her biological son's adoption decree. We review for abuse of discretion. In re Dependency of M.D., 110 Wash.App. 524, 530, 42 P.3d 424 (2002). A trial court abuses its discretion if it bases its decision on an incorrect legal standard or the facts do not meet the requirements of the standard. In re Marriage of Lawrence, 105 Wash.App. 683, 686 n. 1, 20 P.3d 972 (2001).

FAILURE TO PROVIDE A COPY OF THE RELINQUISHMENT DOCUMENTS

T.N. claims that she never received a copy of the adoption consent and was not *418 aware of the 48-hour revocation procedure available to her. T.N. further argues that DSHS breached its duty to her by failing to provide to her these necessary copies. Although it is unquestionably the best practice for a birth parent to receive a copy of the relinquishment documents, the statute does not expressly require that a copy be provided.[4]See RCW 26.33.080

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Cite This Page — Counsel Stack

Bluebook (online)
95 P.3d 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jn-washctapp-2004.