In re the Interest of T.E.C.

122 Wash. App. 31
CourtCourt of Appeals of Washington
DecidedMay 24, 2004
DocketNo. 51613-2-I
StatusPublished
Cited by1 cases

This text of 122 Wash. App. 31 (In re the Interest of T.E.C.) 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 Interest of T.E.C., 122 Wash. App. 31 (Wash. Ct. App. 2004).

Opinion

Appelwick, J.

T.C. was convicted of first degree child molestation and fourth degree assault with sexual motivation. He received a manifest injustice disposition, which was suspended, and was granted a special sexual offender disposition alternative (SSODA). T.C.’s SSODA required that he reside in a residential sexual offender treatment facility. To facilitate placement, T.C. sought a child-in-need-of-services (CHINS) petition by which to become eligible for placement through the Department of Social and Human Services (the Department). The trial court granted T.C.’s CHINS petition. Arguing that the trial court exceeded its authority in granting the petition solely to effectuate T.C.’s SSODA, the Department’s Division of Children and Family Services (DCFS) sought and received an emergency stay of the petition. The State appeals the trial court’s order granting T.C.’s CHINS petition.

FACTS

In May 2002, T.C. entered guilty pleas to charges of first degree child molestation and fourth degree assault with sexual motivation for sexually molesting young, neighboring children when he was 14 years old. T.C. had also instructed his 10-year-old brother to engage in inappropriate sexual acts with one of his victims. The standard ranges for T.C.’s offenses were 15 to 36 weeks and 30 days, respectively.

While in detention and awaiting disposition, T.C. underwent a sexual deviancy evaluation performed by Dr. Dan [34]*34Knoepfler. Dr. Knoepfler recommended that T.C. receive two years of sexual offender treatment. He further recommended that a minimum of one year of T.C.’s treatment be in a residential sexual offender treatment facility.1 Dr. Knoepfler was particularly concerned that placement of T.C. at home for the duration of his SSODA presented a significant risk of endangering T.C.’s younger brother. Dr. Knoepfler also recommended that T.C.’s family participate in family therapy before T.C. returned home.

Anticipating that T.C. would be granted a SSODA but that he would need to be placed out of home, in August 2002, T.C.’s mother filed a CHINS petition with DCFS. The petition alleged that T.C. was a CHINS based on the following facts:

Recently pled guilty to child molestation and assault fourth degree with sexual motivation against a neighbor girl ([nine] years old). Mother wants [T.C.] to return home, but [T.C.] needs services to address his problems and more structure than she can provide right now. [T.C.] is willing to engage in whatever services are recommended.

In his petition, T.C. requested placement with relatives or through DCFS, and treatment for himself and his family to make future family reunification possible.2

Lynda Stone, T.C.’s juvenile probation counselor, agreed with Dr. Knoepfler’s recommendation that if a group placement was unavailable, T.C. should receive his treatment in a Juvenile Rehabilitation Administration (JRA) facility. On November 19, 2002, at the first of several CHINS disposi-tional hearings, the trial court adopted Dr. Knoepfler and Stone’s recommendations. The trial court ordered a 104-week manifest injustice disposition, suspended, with an [35]*35out-of-home SSODA disposition. The trial court stated that if a residential placement were not available, T.C. was to be sent to a JRA facility. The trial court ordered DCFS to prepare a care packet for T.C., a prerequisite for state-funded admission to a residential facility. The trial court did not make any findings on November 19 as to whether a placement at a treatment facility was available. The Department moved for reconsideration of the CHINS order.

At successive hearings, the trial court expressed concern over the fact that T.C. had remained in detention for the duration of the proceedings. T.C. could not be transferred to a residential treatment facility, however, until his CHINS petition was adopted and he was accepted into a residential treatment facility.

On December 3, 2002, the trial court denied the Department’s motion to reconsider the CHINS petition and ordered DCFS to proceed in finding a placement for T.C. It also ordered that T.C. remain in detention until the next court date or until placement was found. On December 20, 2002, the trial court held a review hearing. DCFS objected to being ordered to use its resources to place T.C. in a residential treatment facility and argued that he would not likely be accepted for treatment anyway. The trial court ordered DCFS to continue its efforts to find and place T.C. in an appropriate residential treatment facility.

On January 15, 2003, at a second review hearing, DCFS reported that three licensed agencies with available spaces had indicated that T.C. was an appropriate candidate for their residential treatment program. At that hearing, the court denied the State’s motion to revoke T.C.’s SSODA, released T.C. to the Department’s custody, and ordered DCFS to pursue placement “with all deliberate speed.” T.C. was placed in interim care at the Seattle Indian Center.

[36]*36An appellate court commissioner granted an emergency stay of the CHINS order on January 27, 2003. The State appeals the order granting the CHINS petition.3

ANALYSIS

I. Standard of Review

This case presents a question of statutory interpretation, which the court reviews de novo. In re Placement of R.J., 102 Wn. App. 128, 134, 5 P.3d 1284 (2000).

II. CHINS Petition

DCFS asserts that the trial court abused its discretion when it held that T.C. met the criteria of a CHINS. We agree.

A. CHINS Criteria

The purpose of a CHINS is to fulfill the “need for services and assistance for parents and children who are in conflict.” RCW 13.32A.010. RCW 13.32A.030(5) defines a CHINS candidate as:

(5)... a juvenile:
(a) Who is beyond the control of his or her parent such that the child’s behavior endangers the health, safety, or welfare of the child or other person;
(b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours on two or more separate occasions from the home of either parent, a crisis residential center, an out-of-home placement, or a court-ordered placement; and
(i) Has exhibited a serious substance abuse problem; or
(ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or
[37]*37(c)(i) Who is in need of: (A) Necessary services, including food, shelter, health care, clothing, or education; or (B) services designed to maintain or reunite the family;
(ii) Who lacks access to, or has declined to utilize, these services; and

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Related

State v. T.E.C.
92 P.3d 263 (Court of Appeals of Washington, 2004)

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Bluebook (online)
122 Wash. App. 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-interest-of-tec-washctapp-2004.