In re the Welfare of A.D.R.

185 Wash. App. 76
CourtCourt of Appeals of Washington
DecidedDecember 16, 2014
DocketNos. 31630-1-III; 31631-9-III
StatusPublished
Cited by3 cases

This text of 185 Wash. App. 76 (In re the Welfare of A.D.R.) 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 Welfare of A.D.R., 185 Wash. App. 76 (Wash. Ct. App. 2014).

Opinion

¶1 In a series of decisions, our courts have held that a trial court abuses its discretion if, in refusing a parent’s request to continue a parental rights termination trial, it prejudicially denies a parent’s fundamental liberty interest in the relationship with his or her child. In this case, Montez Minor asks us to find that the trial court abused its discretion when it denied his request to continue trial so that he could pursue the possibility of an open adoption of his two daughters.

Siddoway, C.J.

¶2 Mr. Minor’s request for a continuance is distinguishable from the cases on which he relies. The prospect of an open adoption that he raised at the outset of trial was both irrelevant and too speculative to be admitted as evidence at the trial. And the court’s denial of the motion caused no immediate or irremediable prejudice since Mr. Minor remained able to act on the last minute possibility for adoption. Under these circumstances, the trial court’s discretion to grant or deny the continuance was not constrained and no abuse of discretion is shown. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Montez Minor is the father of two girls, A.D.R. and A.K.D.R., who were ages six and two at the time of the trial below. The Department of Health and Human Services [78]*78(Department) placed A.D.R. in foster care in September 2010 due to concerns over her mother’s mental health. A.K.D.R. was born shortly thereafter and was placed in the same foster home as her sister. Mr. Minor was living in Seattle at the time, while the girls’ mother lived in Ellensburg.

¶4 From the time A.D.R. was placed into foster care, the Department attempted to locate Mr. Minor. The only information the mother gave social worker Maura Brown about his whereabouts was that he lived on the west side of Washington State. It turned out that Mr. Minor, who had been unable to find steady employment since moving to Seattle from Georgia, was living in a church’s homeless shelter.

¶5 In April 2011, Ms. Brown was able to find a phone number for Mr. Minor’s mother, who lived in Indiana. Mr. Minor’s mother refused to provide Ms. Brown with information about her son’s whereabouts but evidently did inform Mr. Minor of the call, because Mr. Minor called Ms. Brown the next day. A month later, when Mr. Minor visited the girls’ mother, Ms. Brown was able to travel to the home and meet with him. During their first meeting, Ms. Brown and Mr. Minor discussed services the Department could offer. She made referrals to services based on their discussions.

f 6 Ms. Brown referred Mr. Minor to Dr. Robin LaDue for a parenting evaluation, and Mr. Minor participated in a psychological evaluation with a parenting component on October 26 and December 5, 2012. He did not return to complete the evaluation. Dr. LaDue completed a report on December 17 based on her two opportunities to interview Mr. Minor and observe him with his daughters.

f7 Ms. Brown referred Mr. Minor to Associated Behavioral Health, which is located in Seattle, for a domestic violence (DV) assessment. Mr. Minor completed the DV assessment on December 27, the result of which was a recommendation that he participate in a one-year DV intervention program in a state-certified DV facility. While [79]*79several Seattle-based DV treatment providers were identified to Mr. Minor, he refused the referral, saying he needed time to think about it. Mr. Minor never enrolled in the recommended intervention program.

¶8 Ms. Brown identified Seattle-based parenting classes offered by Catholic Family Services. Mr. Minor was unwilling to participate in parenting classes.

¶9 Ms. Brown provided Mr. Minor with bus vouchers so that he could travel from Seattle to Ellensburg to visit the children. He accepted several bus vouchers. Between May 2011 and February 2013, he visited his daughters seven times. He developed a limited relationship with A.D.R. and no relationship with A.K.D.R.

¶10 Because Mr. Minor failed to engage in all of the court-ordered services, continued to have parental deficiencies, and failed to establish and maintain a relationship with his daughters, the Department filed a petition to terminate his parental rights in September 2012. Trial was initially scheduled for January 23, 2013 but was continued several weeks, to February 14. Mr. Minor appeared for the trial with his court-appointed lawyer. The mother, whose parental rights were also at issue, appeared with her court-appointed lawyer but requested and was given permission to proceed pro se.

¶11 At the outset of trial, Mr. Minor’s lawyer requested a continuance. Because the verbatim report of proceedings included a seriously deficient record of what was said during argument of the continuance motion, we directed the parties to prepare an agreed or court-settled narrative report of the inaudible portions of the record.

¶12 We reproduce portions of the verbatim report of argument of the continuance motion, alongside the parties’ agreed narrative report. Cathy Busha, who represented Mr. Minor, speaks, as does Marty Dixon, who represented the Department:

[80]*80VERBATIM REPORT OF AGREED
PROCEEDINGS NARRATIVE
THE COURT: . . . Ms. [Busha], any issues that we should talk about before we get started here?
MS. [BUSHA]: “Your Honor, Mr. Minor Ms. Busha was asking and I have had several conversations. the court for a further And if I could just (inaudible).” opportunity to speak.
THE COURT: Absolutely.
MS. [BUSHA]: Um, we have talked a lot about (unintelligible) ... As you can imagine, Mr. Minor (unintelligible), however, we just received word that the open adoption (inaudible) by the foster parents. Um, which is unusual but it’s a different opportunity for my client. My client has just let me know this last night and we discussed it this morning, um (unintelligible) so we’re just in a really difficult position, um so . . .
Ms. Busha was alerting the court that she had received last minute information about an open adoption agreement that was different from the prior offer and she had not had suffcient time to discuss it with Mr. Minor.
[81]*81THE COURT: Okay, I appreciate you sharing that with us. Thank you. All right. Well, the Court will state that lawsuits, court cases, they sometimes are very hard because usually it’s important stuff that we’re talking about here in the courtroom. People disagree sometimes about what shouldn’t happen in the future and that’s okay, you know. You have two people, you’re likely to have disagreement about something. Very rarely everybody sees the world the same on every issue. (Inaudible) disagree. So, the courtroom is a place where we can have those disagreements brought forward and argument can be made . . . facts developed to establish a person’s desire to try to have their wants met by the Court. The Court will take all the evidence and rule. I don’t know what that’s going to look like right now because I haven’t seen the evidence. I don’t know what’s going to happen. So we do need to get our trial started and,
Mr. Dixon, you’re the moving party here.
MR. DIXON: Yes, Your Honor, I’ll waive opening (unintelligible) and we’ll call Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
185 Wash. App. 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-adr-washctapp-2014.