In re R.J.

102 Wash. App. 128
CourtCourt of Appeals of Washington
DecidedAugust 18, 2000
DocketNo. 24444-6-II
StatusPublished
Cited by5 cases

This text of 102 Wash. App. 128 (In re R.J.) 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 R.J., 102 Wash. App. 128 (Wash. Ct. App. 2000).

Opinion

Armstrong, C.J.

— R.J. is a developmentally disabled child. His mother voluntarily placed him with the Department of Social and Health Services (DSHS) for foster care under chapter 74.13 RCW. An agreement for voluntary placement authorizes DSHS to place the child in a foster home or group care facility. Such an agreement can be terminated by either the parents or DSHS at any time. At a review hearing the juvenile court ordered DSHS to place then 10-year-old R.J. at the Frances Haddon Morgan Center. DSHS argued that the Morgan Center was neither a foster home nor a group care facility. The court also ordered that R.J. remain at the Morgan Center even if DSHS revoked the voluntary placement agreement. On appeal, DSHS contends that the court lacked statutory authority to order the specific placement at the Morgan Center. We agree and, accordingly, reverse.

R.J. has a rare chromosomal disorder caused by deletion of the 11th chromosome. In addition to this developmental disability, he is legally blind, has high blood pressure and has lost a kidney to cancer. R.J. has behavior disorders and has the mental age of a three- to five-year-old. Because of R.J.’s problems, his mother turned to the State for help.

R.J.’s mother first asked DSHS for respite care. By June 1998, she had become so exhausted caring for R.J. that she asked DSHS to place him in a foster home. In October 1998, R.J.’s mother signed a voluntary placement agreement, allowing DSHS to provide foster care. R.J. was then hospitalized from mid-October to late December for medical management and behavior issues. When R.J. was released, DSHS placed him with a foster family who soon “burned out.” Other foster homes also did not work out. For several weeks, R.J. spent one day with his mother and two days in three different foster homes. R.J. also stayed one night in a hotel with his care provider and other nights in an adult crisis triage center.

[131]*131In search of a more stable placement for her son, R.J.’s mother and his therapist toured the Morgan Center, a state residential habilitation center for persons with developmental disabilities. Although the DSHS social workers had told R.J.’s mother that this facility was not an option, she asked that he be placed at the Morgan Center. R.J.’s guardian ad litem and his nurse joined in the mother’s request.

At a juvenile court hearing on March 4, 1999, R.J.’s guardian ad litem asked that the court order DSHS to place R.J. at the Morgan Center.1 DSHS argued that the Morgan Center was not a proper facility for R.J. because it did not admit children under the age of 13. DSHS was unable to suggest a currently available home or facility, and R.J.’s care provider did not know where he would stay after the weekend. The juvenile court ordered DSHS to place R.J. at the Morgan Center for a 30-day evaluation. And the order stated that R.J. would remain at the Morgan Center for 30 days, “even if the Department revokes the voluntary placement agreement with the mother pursuant to RCW 13.34.270.”

The original order was followed by orders in April and June 1999 continuing R.J.’s placement at the Morgan Center. DSHS has not revoked the voluntary placement agreement and the agency plans to continue offering casework services to the family. A dependency petition has not been filed.

I. Mootness

DSHS appeals the March 1999 order, which placed R.J. at the Morgan Center for a 30-day evaluation. This 30-day order, together with later orders continuing R.J.’s placement at Morgan Center, has expired. Although the issue of the validity of the orders is moot, both parties ask [132]*132us to address the issue. An appeal is moot where it presents purely academic issues and where it is not possible for the court to provide effective relief. Klickitat County Citizens Against Imported Waste v. Klickitat County, 122 Wn.2d 619, 631, 860 P.2d 390 (1993).

Although this case is technically moot, we can review it if matters of continuing and substantial public interest are involved. In re Detention of Swanson, 115 Wn.2d 21, 24-25, 793 P.2d 962, 804 P.2d 1 (1990). In deciding whether to address a moot issue, we consider the public or private nature of the question presented, the desirability of an authoritative determination for the future guidance of public officers, and the likelihood that the question will recur. Sorenson v. City of Bellingham, 80 Wn.2d 547, 558, 496 P.2d 512 (1972).

In this case, DSHS challenges the juvenile court’s authority to order the specific placement of a child pursuant to a voluntary placement agreement. No Washington case has defined this authority under a voluntary placement agreement. And the court’s authority under these circumstances presents a question of public importance. Finally, the issue is likely to recur and a ruling would give guidance to courts and public officers. See In re Dependency of H., 71 Wn. App. 524, 859 P.2d 1258 (1993); In re Welfare of J.H., 75 Wn. App. 887, 880 P.2d 1030 (1994) (some issues in child welfare cases found to be matters of continuing and substantial public interest).

Accordingly, we address the merits of the issue.

II. Court’s Statutory Authority in DSHS Voluntary Placement Agreements

DSHS contends that the juvenile court exceeded its authority when it ordered that DSHS place R.J. in a specific facility and that such placement would continue even if DSHS terminated the voluntary placement agreement. DSHS argues that the Legislature did not give the juvenile court this broad authority in the voluntary placement statutes.

[133]*133A. Background

Before 1997, a parent could seek DSHS out-of-home placement for a child with developmental disabilities only through the dependency process. See RCW 13.34.040; former RCW 13.34.030 (1988). The definition of a dependent specifically included a developmentally disabled child.2 Former RCW 13.34.030(4)(d). This subsection was designed to assist parents who needed out-of-home placement solely because of a child’s developmental disability. Laws of 1983, ch. 311, § 1.

Under this old scheme, the court was required to find dependency before the State could provide out-of-home services for a developmentally disabled child. See In re Welfare of Key, 119 Wn.2d 600, 836 P.2d 200 (1992). When dependency was shown, the State obtained authority over the child. See id.-, chapter 13.34 RCW. While the parents did not permanently lose their parental rights, they also did not have full custody of their child. See Key, 119 Wn.2d at 609, 612.

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Related

Schermer v. Department of Social & Health Services
161 Wash. 2d 927 (Washington Supreme Court, 2007)
In Re Dependency of Schermer
169 P.3d 452 (Washington Supreme Court, 2007)
In re the Welfare of B.D.F.
126 Wash. App. 562 (Court of Appeals of Washington, 2005)
In Re Welfare of Bdf
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Bluebook (online)
102 Wash. App. 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rj-washctapp-2000.