In Re The Dep Of N.a., John Ackah, App v. Dshs

CourtCourt of Appeals of Washington
DecidedJanuary 22, 2018
Docket76420-9
StatusUnpublished

This text of In Re The Dep Of N.a., John Ackah, App v. Dshs (In Re The Dep Of N.a., John Ackah, App v. Dshs) 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 Dep Of N.a., John Ackah, App v. Dshs, (Wash. Ct. App. 2018).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

In the Matter of the Dependency ) of N.A., ) No. 76420-9-1 ) A Minor Child. ) (Consolidated with ) No. 76494-2-1, No. 76520-5-1, STATE OF WASHINGTON, ) & No. 76521-3-1) DEPARTMENT OF SOCIAL AND ) HEALTH SERVICES, ) DIVISION ONE ) Respondent. ) ) v. ) UNPUBLISHED OPINION ) John Ackah, ) ) Appellant, ) ) Druche Mason, ) ) Appellant. ) FILED: January 22, 2018 )

LEACH, J. — John Ackah and Druche Mason appeal from the order denying

their guardianship petition and terminating their parental rights to their son, N.A. But

the parents have failed to demonstrate the trial court applied the wrong standard of

proof in rejecting their guardianship petition. The record also shows the court

considered all statutory factors applicable to incarcerated parents when terminating

Ackah's parental rights. And because both parents expressly conceded the State No. 76420-9-1 /2

had established three of the statutory termination factors, the court's failure to enter

corresponding findings of fact does not warrant reversal or remand. We affirm.

FACTS

Ackah and Mason are the parents of N.A., who was born on September 10,

2014. At the time of N.A.'s birth, Mason was 17 years old and a dependent youth.

Ackah was incarcerated. Renee Harris is N.A.'s paternal grandmother. After N.A.'s

birth, police detained Mason on outstanding warrants involving theft and possession

of cocaine. The court then sent her to Echo Glen Children's Center.

In December 2014, the court found N.A. dependent as to Mason. The

dispositional order required Mason to participate in a drug and alcohol evaluation and

to take parenting classes.

While at Echo Glen, Mason participated in chemical dependency and mental

health services. She made some progress but needed to continue with outpatient

treatment upon release. The Department of Social and Health Services

(Department) also arranged for Mason to visit with N.A. while she was at Echo Glen.

When Mason left Echo Glen in April 2015, the Department placed her into

foster care. A short time later, Mason left the placement and was "on the run" until

September 2015. Upon her return, the Department placed Mason in Cocoon House,

a transitional living facility for youth. It provides assistance for employment and job

-2- No. 76420-9-1 /3

skills, housing, education, and recreation. Mental health and drug and alcohol

services are also available. The Department made arrangements for Mason to visit

with N.A. while she was at Cocoon House, but Mason missed multiple visits.

Mason participated in some services at Cocoon House, but she soon began

missing sessions and violating program rules. In December 2015, the Cocoon House

staff asked Mason to leave.

After leaving Cocoon House, Mason generally refused the Department's

placement attempts. Mason aged out of the foster care program. The court

dismissed her dependency in March 2016.

After March 2016, Mason had only intermittent contact with the Department.

In late 2016, Mason contacted a Department social worker to ask about visiting N.A.

Mason visited N.A. twice but did not continue the contacts.

At the termination trial, Mason testified that she would be comfortable with

N.A. staying with Harris until she was able to care for him. Mason estimated that she

needed five or six months to get ready. She planned to use this time to

get in school, get a job, get myself stable, you know, for-1 won't have to do stuff, whatever I was doing before, so, being—staying out of trouble like I'd be at my sister's house.

Although he was incarcerated, Ackah attended N.A.'s shelter care hearing on

September 12, 2014, two days after his birth. Ackah was released from jail in

-3- No. 76420-9-1 /4

October 2014 and remained free for several months. Ackah acknowledged that he

did not attempt to contact the Department during this period to ask about N.A.

because he believed his paternity was "questionable."

Ackah returned to jail in February 2015. After he pleaded guilty to multiple

offenses, including theft and unlawful possession of a firearm, the court imposed a

57-month sentence. Ackah remained incarcerated at the time of the termination trial

in January 2017. He testified that he was currently scheduled to begin work release

in October 2017 and that his early release date was April 2018.

The court found N.A. dependent as to Ackah in February 2015. The

dispositional order required Ackah to participate in dialectical behavior therapy(DBT),

attend age appropriate parenting classes, and cooperate with the Department of

Corrections(DOC) and the prosecutor's office in establishing paternity. Among other

things, the court also directed the Department to investigate Harris as a placement

option if Ackah established paternity.

Ackah did not initially notify the Department of his incarceration. Kristin Mayer,

N.A.'s social worker, did not learn that Ackah was incarcerated in the King County

Correctional Facility until about May 2015. Mayer visited Ackah and determined that

none of the court-ordered services were available to jail inmates. No. 76420-9-1/ 5

After Ackah spent several months in the King County Correctional Facility,

DOC sent him to the Washington Corrections Center in Shelton for classification. In

February 2016, DOC moved Ackah to the Coyote Ridge Corrections Center, a

medium security facility near Pasco. In July 2015, when Ackah's security

classification changed, DOC transferred him to the Larch Corrections Center, a

minimum security facility near Vancouver. Court-ordered services were not available

at the Coyote Ridge or Larch facilities. "Thinking for Change," a service with

elements of DBT, was available at both Coyote Ridge and Larch. At the time of trial

in January 2017, DOC was in the process of reclassifying Ackah to a medium

security facility after he committed several infractions.

During the course of the dependency, Harris contacted the Department

several times, asking the Department to consider her as a placement resource. At

the time, Harris lived in Las Vegas. In November 2015, the Department received

confirmation that Ackah was N.A.'s biological father. It then made a request under

the Interstate Compact on the Placement of Children (ICPC) that Nevada conduct a

home study.

Jennifer Jones, an experienced Nevada family services employee, conducted

the home study. Jones's study raised "numerous concerns" about Harris's ability to

care for N.A. Jones found that Harris sometimes gave very vague and inconsistent

-5- No. 76420-9-1/6

answers to questions. Harris was unable to demonstrate any current income or a

meaningful future ability to support N.A. Jones was also concerned about Harris's

ability to track time, noting that she would need to be able to respond to N.A.'s

ongoing medical needs, as well as "communicate with two different states" after

placement under the ICPC. Jones concluded that Harris would be unable to meet

N.A.'s needs and recommended that she be denied placement for N.A. Harris

moved to Washington in the summer of 2016 but was unable to complete a new

home study in Washington.

In February 2016, the Department petitioned for termination of both parents'

parental rights.

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