In re the Adoption of S.H.

279 P.3d 474, 169 Wash. App. 85
CourtCourt of Appeals of Washington
DecidedJune 26, 2012
DocketNo. 41355-8-II
StatusPublished
Cited by3 cases

This text of 279 P.3d 474 (In re the Adoption of S.H.) 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 the Adoption of S.H., 279 P.3d 474, 169 Wash. App. 85 (Wash. Ct. App. 2012).

Opinion

Penoyar, J.

¶1 Kenneth and Betty Lambrecht1 cared for their great-granddaughter, SH,2 from when she was three months old until she was four and a half years old. Two weeks before finalizing their adoption of SH, the Department of Social and Health Services (Department) removed SH from the Lambrechts’ home in response to a report of a physical altercation between Kenneth and KH, SH’s half-brother.

¶2 After the Department withdrew its consent to the adoption, the Lambrechts petitioned to adopt SH. At trial, the Lambrechts presented evidence showing that SH had a strong bond with them; that they had the financial and physical ability to care for SH; that they could care for SH’s emotional, .psychological, and developmental needs; and that the preplacement report author and SH’s guardian ad litem believed that the Lambrechts should be allowed to adopt SH. The trial court granted the Department’s motion to dismiss, concluding that the Department’s preadoptive planning was not arbitrary and capricious and that the Lambrechts failed to establish a prima facie case that adopting SH would be in her best interest.

¶3 Our Supreme Court has rejected applying the arbitrary and capricious standard to adoption petitions, holding that the trial court must determine the child’s best interest. Viewing the evidence in the light most favorable to the Lambrechts, they presented a prima facie case that adopting SH would be in her best interest. Accordingly, we reverse and remand with instructions to expedite the subsequent proceedings.

FACTS

¶4 In September 2004, when SH was three months old, she and her two older half-brothers, KH and ZH, were [88]*88placed with the Lambrechts, their great-grandparents, in their home in Vancouver. The Lambrechts obtained foster parent licenses in May 2005. SH became a dependent child in August 2005, and she remained with the Lambrechts. By August 2007, SH’s parents relinquished their parental rights.

¶5 The Department completed a home study, recommending that the Lambrechts adopt SH. The home study noted that the Lambrechts had a strong bond with SH; that they provided her “the critical components of continuity, family history, love and stability”; that the Lambrechts financially could care for SH; that they were in good health; and that they had a strong support system.3 Ex. 9, at 10. The home study also recognized that Kenneth once had “swatted” SH’s half-brothers. Ex. 9, at 12.

¶6 In February 2009, the Department received two referrals alleging that Kenneth had physically abused KH. It determined that the physical abuse allegation was founded and revoked the Lambrechts’ foster care license. An administrative law judge found that the following occurred:

Mrs. Lambrecht called Mr. Lambrecht into [KH’s and ZH’s] room to make [KH] follow her directions. Mr. Lambrecht came into the boys[’] room carrying the spatula and demanded that [KH] get out of bed and follow his grandmother’s instructions. When [KH] failed to comply, Mr. Lambrecht approached [KH] while yelling at him and tried to grab him. Although [ ] [KH] responded by covering Mr. Lambrecht’s head with a blanket and kicking at him, Mr. Lambrecht swung at him and hit him with the spatula. The spatula left a bruise. The bruise on [KH]’s leg was more than a minor temporary mark as it lasted several days.

Ex. 28, at 17. Kenneth had had neck surgery right before the spatula incident.

¶7 With the Lambrechts’ approval, the Department placed KH and ZH with their biological father, where they [89]*89currently reside. Both KH and ZH still visit the Lambrechts regularly.

¶8 After the Department’s investigation — but before the administrative decision — it withdrew its consent to the Lambrechts adopting SH and decided to place SH with a gréat-aunt and great-uncle in Moses Lake. The social worker, a supervisor, and the court appointed special advocate (CASA) created a transition plan providing that only Betty could supervise SH and that Kenneth could not be alone with her.

¶9 On April 14, 2009, the Department removed SH from the Lambrechts’ home and placed her in Moses Lake after receiving a referral that Betty failed to supervise SH. Because of the Lambrechts and SH’s strong bond, the Department allowed the Lambrechts to have supervised visits with SH. During the first visit, SH asked to go to the bathroom and asked Kenneth to take her there. Sydney Boren, the supervisor, told him that he could take her but to not go in the bathroom. SH asked Kenneth to come in and started to whine. Kenneth went in and stood in the doorway with the door opened about six to eight inches. The receptionist knocked on the door and told Kenneth that he could not be in there but that Betty could. Betty came in and told him that he was not supposed to be in there. He went back to the visiting room. Kenneth could no longer visit SH because of this incident. Visitations between Betty and SH continued until March 18, 2010.

¶10 On November 25, 2009, the Lambrechts petitioned to adopt SH. The Department responded that the Lambrechts were not willing and able to care for SH and that the Department did not consent to the adoption.

¶11 Kenneth underwent an anger management evaluation in November 2009. The counselor concluded that Kenneth did not report “a pattern of behavior consistent with domestic violence” and that Kenneth appeared to “parent his grandson using methods that were accepted when he was a child but are not generally accepted now.” Ex. 12, at [90]*901-2. The counselor opined that Kenneth displays “a pattern of a lack of impulse control.” Ex. 12, at 2. At the counselor’s recommendation, Kenneth completed anger management counseling.

¶12 On March 29, 2010, the Department moved SH from her great-aunt and great-uncle to foster care at the great-aunt’s request. On April 12, 2010, the Department discontinued visitations with any relative, including Betty, because SH’s therapist, Debora Holt, was concerned about the “chaos that continues to surround this child.” Ex. 20, Attach. C. Holt explained that the decision was made “by us that it was in her best interest to have a peaceful period of time until the Department could decide where this child was going to be placed.” Ex. 17, at 49. Holt’s letter makes no mention of Betty. Julie Pettit, the social worker, also told Betty that her contact with SH’s current foster home was unacceptable and would not be tolerated.

¶13 Following an allegation from the great-aunt and great-uncle that Kenneth showered with SH and slept in the nude, he requested and underwent a psychosexual evaluation in May 2010. Kenneth denied sleeping in the nude but admitted that when SH was younger, he showered with her. The evaluation found no evidence of mental illness or personality dysfunction.

¶14 On July 15, 2010, Claude Blair, who worked for the Clark County Juvenile Court, filed his preplacement report. He recognized Kenneth’s alleged abuse against KH but nonetheless recommended that SH be placed with the Lambrechts.

¶15 At trial, Pettit testified the Department withdrew its consent for the Lambrechts to adopt SH for four reasons:

• Kenneth was found to have committed physical abuse of a child and thus was disqualified from adopting a dependent child.
• The Lambrechts were not able to identify the developmental needs of SH.

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Bluebook (online)
279 P.3d 474, 169 Wash. App. 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-sh-washctapp-2012.