In Re MG

11 P.3d 335
CourtCourt of Appeals of Washington
DecidedOctober 30, 2000
Docket43821-2-I
StatusPublished
Cited by6 cases

This text of 11 P.3d 335 (In Re MG) 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 MG, 11 P.3d 335 (Wash. Ct. App. 2000).

Opinion

11 P.3d 335 (2000)
103 Wash.App. 111

In re the Interest of M.G.

No. 43821-2-I.

Court of Appeals of Washington, Division 1.

October 30, 2000.

*337 Christopher Gibson, Nielsen, Broman & Associates, Seattle, for Appellant.

Helen A. Anderson, UW School of Law, Seattle, for Respondent.

*336 ELLINGTON, J.

Parents have the right to restrict the movements of their children. The question here is how far the state can go in supporting and enforcing such parental restrictions. In the case of at-risk youths, we hold the court can order the child to stay away from certain places or neighborhoods if the restriction is reasonably related to a risk to the child. Here, M.G. was adjudicated an at-risk youth, and the court ordered her to stay away from certain neighborhoods. We hold that with one exception, the restrictions were constitutionally proper, because the restrictions served a legitimate state purpose and the record demonstrates a relationship between a risk to M.G. and the limits imposed.

FACTS

M.G. first ran away from home when she was 11, and ran away at least four times thereafter. She usually returned home within 24 hours. On September 17, 1998, however, when she was 15, M.G. got into a van on Broadway with a large group of "transient youth" and drove to Olympia. She then continued traveling south with two men in their early 20s. Ten days later, M.G. called her parents from Eugene, Oregon. Eugene police located M.G., and her parents flew her home that night.

The following week, M.G.'s parents filed an at-risk youth (ARY) petition[1] alleging that M.G. had repeatedly run away, was occasionally suicidal, failed to attend school, shoplifted, and did not obey house rules. Attached to the petition was a report from the Department of Children and Family Services which stated that at the age of 11, M.G. had been diagnosed with a bipolar disorder for which she required medication, and that she had attempted suicide at least once.

Among the various types of relief sought by M.G.'s parents was a requirement that *338 M.G. stay away from the Seattle areas of Broadway, the Pike Place Market, and the University District. At the ARY hearing, M.G.'s mother testified to specific concerns about the areas she wanted M.G. to stay away from. She alleged that M.G. had shoplifted from more than seven stores in the Pike Place Market area, and had admitted to abusing alcohol on Broadway. In addition, she testified that she was concerned that M.G. was sexually active, and she did not want M.G. "in places where these things are occurring." In the course of this explanation, M.G.'s mother made a passing reference to the University of Washington.[2]

M.G. testified that she had shoplifted from only a single store, which she said was closer to Westlake Center than to the Pike Place Market. She acknowledged some of her parents' concerns about the Broadway District, but argued that running away was just "one mistake" in the many times she had been there. She said she rarely went to the University District. M.G. also expressed concern that geographic restrictions would prevent her from distributing a magazine she publishes.[3]

The court found M.G. to be an at-risk youth under RCW 13.32A.030(2)(a), because she had been absent from home for more than 72 hours without parental consent. Noting that M.G.'s 10-day absence traveling with adult males was "very dangerous to a 15 year old's health and safety," the court ordered M.G. to abide by the "house rules" until the next disposition hearing.

At the disposition hearing a few weeks later, M.G.'s mother again explained why she and M.G.'s father believed the geographic restrictions were important:

We're not here to try and seek-to make [M.G.'s] life untenable or to infringe on her right to expression or anything like that. It's really quite the contrary. We want her to continue to write her magazine. I did help her last week distribute it and copy it. You know, I'm happy to do that.
If she wants to go to rallys [sic] or anything like that, we would be happy perhaps with an additional comment that she not enter those areas unless she's under adult supervision. And we say that because [M.G.'s] impulsivity has resulted in her putting herself seriously at risk. She does come in contact with some people in those areas that I think have influenced her to do some things that aren't in her best interest.
And we just would like to have a little bit more supervision of her right now....

The dispositional order prohibited M.G. from entering the Pike Place Market area, the University District, and the Broadway area without parental permission. M.G. appeals, arguing that the orders impermissibly restrict her constitutional rights of movement and free expression.

DISCUSSION

A. Mootness

Supervision of M.G. was terminated because the court found she was no longer at risk. The issue presented here is therefore technically moot. We may decide a moot case when it involves a matter of continuing and substantial public interest.[4] In determining whether such an interest is involved, we consider the public or private nature of the question presented, the need for an authoritative determination that will provide guidance to public officers, and the likelihood the question will recur.[5]

This case meets these criteria. No previous case has addressed the question presented here, and the substantial public nature of the issue and the potential frequency of its *339 recurrence are evident. We therefore reach the merits.

B. Constitutionality of Geographic Restriction

The freedom of travel has long been recognized as a fundamental right, although its precise source has not been "ascribe[d] ... to a particular constitutional provision."[6] "[T]he right is so important that it is `assertable against private interference as well as governmental action ... a virtually unconditional personal right, guaranteed by the Constitution to us all.'"[7] This right applies to travel within a state as well as travel across state lines.[8] The right has been held to be fundamental for minors as well as adults in some circumstances.[9]

The issue as framed by M.G. is not whether the court can impose geographic restrictions upon at-risk youth,[10] but whether they are constitutionally justified here. M.G. points out that violations of ARY orders may subject a youth to detention sanctions for contempt.[11] She maintains that because her right to move freely is fundamental, the juvenile court's order is subject to the strictest of scrutiny.

M.G. is correct that in general, the right of juveniles to move freely has been held a fundamental right. State action infringing upon a fundamental right is reviewed under the strict scrutiny test, which requires that the infringement be narrowly tailored to promote a compelling state interest.[12]

These principles, however, do not end our inquiry. Although minors generally are entitled to the same constitutional rights and protections as adults,[13] circumstances may justify a state's curtailment of those rights in ways not permissible for adults.[14]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Sieyes
225 P.3d 995 (Washington Supreme Court, 2010)
In re the Marriage of Momb
132 Wash. App. 70 (Court of Appeals of Washington, 2006)
Momb v. Ragone
130 P.3d 406 (Court of Appeals of Washington, 2006)
State v. Christensen
79 P.3d 12 (Court of Appeals of Washington, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
11 P.3d 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mg-washctapp-2000.