In Re The Dependency Of G.c.b.

535 P.3d 451
Court of Appeals of Washington·Decided September 11, 2023·No. 84772-4·Published·Cited by 10 cases

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE

In the Matter of the Dependency of No. 84772-4-I (consolidated with No. 84773-2-I)

G.C.B. and M.J.B.-L.,

PUBLISHED OPINION

Minor children.

BOWMAN, J. — R.B. appeals an order terminating his parental rights to G.C.B. and M.J.B.-L. He argues that the trial court erred by allowing him to proceed pro se in the termination proceedings because he did not knowingly and unequivocally waive his right to counsel. He also argues insufficient evidence supports the trial court’s findings that the Department of Children, Youth, and Families (Department) made efforts to support a guardianship. Because the record shows that R.B. clearly and voluntarily relinquished his statutory right to an attorney and that substantial evidence supports the trial court’s findings, we affirm.

FACTS1

R.B. is the father of G.C.B. and M.J.B.-L. G.C.B. was born in December 2011 and M.J.B.-L. was born in August 2009. The children’s mother, M.L., relinquished her parental rights to both children by agreement in 2017.

1

The facts are also set forth in In re Dependency of G.C.B., No. 77943-5-I (Wash. Ct. App. Mar. 4, 2019) (unpublished), https://www.courts.wa.gov/opinions/ pdf/779435.pdf. We repeat them only as necessary.

On June 23, 2015, Burlington police responded to a call about a small child walking down a busy street alone. The police identified the child as three- year-old G.C.B., whom they recognized from an incident about two weeks earlier when they found him “wandering” alone in a motel parking lot. The police took protective custody of G.C.B., his older half-brother S.L.,2 and his sister M.J.B.-L. In the following days, the Department took all three children to the hospital to be examined. The examinations showed that the children suffered medical and dental neglect and were significantly malnourished. There were also concerns that the children had been exposed to a serious infectious disease.

On June 25, 2015, the Department filed dependency petitions for G.C.B.

and M.J.B.-L. in Skagit County Superior Court. In September, the court found the children dependent. The court ordered several services for R.B., including a psychological evaluation with a parenting component, age-appropriate parenting instruction, and nutritional education. It also ordered R.B. to participate in all medical and dental appointments for the children and submit to tuberculosis testing. Finally, the court granted R.B. visitation twice a month for two hours so long as he tested negative for tuberculosis.

In August 2016, the Department petitioned to terminate R.B.’s parental rights. The Department alleged that R.B. did not participate in the court-ordered services and could not provide a stable home for the children.

Psychologist Dr. Evan Freedman evaluated R.B. in February 2017 and diagnosed him with schizoid personality traits, presenting paranoid and

2 S.L. is not a part of this appeal.

narcissistic characteristics. He observed that R.B. has a “pattern of detachment in personal relationships” and “indifference to criticism,” causing “significant difficulty in facilitating attachment with his children.”

A termination trial began in December 2017.3 Dr. Freedman testified about R.B.’s difficulty in forming relationships. He said that the children did not seem happy to see their father and that R.B. seemed “ ‘quite distant’ ” from them.4 The Department also showed that R.B. stopped visiting the children in April 2017 and had not seen either child since.

After the trial, the court entered an order terminating R.B.’s parental rights to G.C.B. and M.J.B.-L. R.B. appealed, and we reversed and remanded for further proceedings.5 In April 2021, the Department filed new termination petitions. At a preliminary hearing on June 15, R.B. requested to represent himself. A superior court commissioner engaged R.B. in a colloquy, inquiring into his education level, legal knowledge, and experience with parental termination proceedings. The

3 Two months before trial, the Department initiated dependency proceedings for R.B.’s youngest son, A.B. The Department ultimately petitioned to terminate R.B.’s parental rights to A.B. While the Department monitored all three children, A.B.’s case remained on a “different track,” and he is not a part of this appeal.

4 G.C.B., slip op. at 5.

5 G.C.B., slip op. at 11-12. R.B. alleged a due process violation because the Department did not notify him during the dependency that it would consider either the lack of an emotional bond with the children or his schizoid personality traits as a basis for terminating his parental rights. Id. at 8. We agreed and remanded for the trial court to consider whether termination was appropriate based on “the parental deficiencies of which the father was properly notified.” Id. at 11-12. We did not address whether the Department offered services specifically tailored to address R.B.’s insufficient bonding with the children and his schizoid personality traits or whether R.B. could remedy his parental deficiencies so that the Department could return the children to him in the near future. Id. at 12.

commissioner stressed the technical nature of the rules of evidence and warned R.B. of the risks of proceeding without counsel. Still, R.B. expressed a desire to proceed pro se, and the court granted his request.

On July 15, 2022, the court held a hearing to determine whether to appoint standby counsel for R.B. During the hearing, the superior court judge asked R.B. if he still wanted to proceed pro se, to which R.B. replied, “I would like to have standby counsel, but I would like to proceed pro se.” The court appointed a standby attorney.

The court held the second termination trial over four days in September and October 2022. R.B. represented himself with standby counsel. R.B. acknowledged that he had no bond with his children. But he asked the court to leave his parental rights intact. He testified that in his “ideal situation,” G.C.B. and M.J.B.-L. would remain with their current caregivers, the caregivers would maintain financial responsibility for the children, and he would “slowly integrate [him]self into the [children’s] lives” and establish a relationship with them.6 On November 3, 2022, the trial court made its oral ruling terminating R.B.’s parental rights to G.C.B. and M.J.B.-L. The court stated:

I’ve been primarily influenced by the amount of time that has occurred in the lives of these children during the period of dependency. The amount of time that’s been afforded, the services that have been offered, and the lack of progress towards any sort of visitation or reunification with the children.

The court “specifically considered whether a guardianship or some lessor type of

6 While R.B.’s proposal does not amount to a formal guardianship, the parties treat it as such for the purpose of appeal.

arrangement might be available or appropriate here” but ultimately decided that because the caregivers want to adopt the children, any “alternative” to termination would only be a barrier to permanent placement for them. The court entered findings of fact and conclusions of law in support of its ruling.

R.B. appeals.

ANALYSIS

R.B. argues that the trial court erred by allowing him to proceed pro se in the termination proceedings because he did not knowingly and unequivocally waive his right to counsel. He also argues insufficient evidence supports the trial court’s findings that the Department made efforts to support a guardianship. Waiver of Right to Counsel R.B. argues that the trial court erred by granting his request to proceed pro se because he did not unequivocally and knowingly waive his right to counsel. We disagree.

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In Re The Dependency Of G.c.b., 535 P.3d 451 (Wash. Ct. App. 2023).

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