In re the Welfare of A.T.

109 Wash. App. 709
CourtCourt of Appeals of Washington
DecidedNovember 21, 2001
DocketNo. 25624-0-II
StatusPublished
Cited by6 cases

This text of 109 Wash. App. 709 (In re the Welfare of A.T.) 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.T., 109 Wash. App. 709 (Wash. Ct. App. 2001).

Opinion

Quinn-Brintnall, J.

— A.T. is a two-and-a-half-year old girl who was exposed to cocaine in útero. The trial court terminated her mother’s parental rights by default when she failed to appear at the termination hearing. A.T.’s father, M.C., was in prison when the baby was bom. After he realized he might be the father, he had himself tested and established paternity. Because of a prior rape convic[712]*712tion, the trial court found aggravated circumstances existed under former RCW 13.34.130 (1998)1 such that reasonable efforts to reunify A. T. and M.C. were not required. The court summarily concluded that all six factors for termination of parental rights were proven by clear and cogent evidence and it terminated M.C.’s parental rights.

We hold that the court incorrectly used the prior rape conviction to find “aggravated circumstances” under former RCW 13.34.130 in this case. Thus, the court’s conclusion that all requirements for termination of parental rights had been met is also in error. We vacate the court’s order terminating M.C.’s parental rights and remand for further proceedings consistent with this opinion.

FACTS

A.T. was born precipitously at home on February 13, 1999. Her mother, M.T., brought her to Tacoma General Hospital where she delivered the placenta and then left against medical advice. The Tacoma Police Department took the baby into protective custody that day. According to the dependency petition, M.T. had had no prenatal care and had used crack cocaine throughout her pregnancy. The baby tested positive for cocaine the day after her birth.

M.T.’s parental rights to this baby were terminated by default when she failed to appear at the dependency hearing.2 M.T. is not the subject of this appeal.

After the birth, M.T. indicated that M.C. might be the father of A.T. At the time of birth, he was in prison for unlawful possession of methamphetamine. M.C. was not married to M.T.

At the time dependency was entered, M.C. had not established paternity. A review hearing was held on June [713]*71328, 1999, which noted that services would be provided to M.C. once he was proven to be A.T.’s father.3 In preparation, M.C. took medical first aid, drug and alcohol treatment, and anger management classes while in prison. He sent letters to the Child Protective Services (CPS) worker and the Assistant Attorney General stating that he wanted to parent the child. In the interim, while he was finishing his sentence, he wanted CPS to place the baby with his wife, A.C.4 CPS refused the placement request because M.C.’s wife was not a relative of the baby.

After paternity was established, the Department of Social and Health Services (DSHS) told M.C. that it would make reasonable efforts to reunify him and the baby. Subsequently, DSHS learned that M.C. had a 1987 sex offense (third degree rape) and that he failed to register as a sex offender in 1997. On October 21, 1999, DSHS requested that the trial court amend the review hearing order to classify this as an aggravated circumstance case under RCW 13.34.130(2). The court made that finding and discharged DSHS’ duty to provide reasonable efforts to reunify A.T. with her father.

M.C. moved for the court to reconsider its decision on November 1, 1999, but the court denied the motion. The trial court terminated M.C.’s parental rights on January 19, 2000. M.C. timely appealed the termination order to this court.

ANALYSIS

Finding of Aggravated Circumstances

M.C. challenges the trial court’s determination that aggravated circumstances exist such that DSHS was relieved [714]*714of its duty to provide services to reunify him with his daughter. The resolution of this issue requires an examination of the plain language of the statute, RCW 13.34.130(2)(x), as well as its legislative history. The statute states in pertinent part: “Conviction of the parent of a sex offense under chapter 9A.44 RCW or incest under RCW 9A.64.020 when the child is born of the offense.”

Construction of a statute is a question of law that we review de novo. City of Pasco v. Pub. Employment Relations Comm’n, 119 Wn.2d 504, 507, 833 P.2d 381 (1992). The courts retain the ultimate authority to interpret a statute. Franklin County Sheriff’s Office v. Sellers, 97 Wn.2d 317, 325-26, 646 P.2d 113 (1982), cert, denied, 459 U.S. 1106 (1983). The reviewing court’s obligation is to give effect to the Legislature’s intent. Review begins with the plain language of the statute. Lacey Nursing Ctr., Inc. v. Dep’t of Revenue, 128 Wn.2d 40, 53, 905 P.2d 338 (1995).

Where no contrary intention appears in a statute, relative and qualifying words and phrases, both grammatically and legally, refer to the last antecedent. Boeing Co. v. Dep’t of Licensing, 103 Wn.2d 581, 587, 693 P.2d 104 (1985); Fraternal Order of Eagles, Tenino Aerie No. 564 v. Grand Aerie, Fraternal Order of Eagles, 108 Wn. App. 208, 216, 27 P.3d 1254, 1258 (2001). “ ‘Generally, a comma should precede a conjunction connecting two coordinate clauses or phrases in a statute in order to prevent the following qualifying phrases from modifying the clause preceding the conjunction.’ ” In re Pers. Restraint of Mahrle, 88 Wn. App. 410, 414, 945 P.2d 1142 (1997) (quoting Ludwig v. State, 931 S.W.2d 239, 242 (Tex. Crim. App. 1996)).

Where a statute is susceptible to more than one meaning, it is ambiguous. When a statute is ambiguous, this court attempts to determine the Legislature’s intent. In re Sehome Park Care Ctr., Inc., 127 Wn.2d 774, 778, 903 P.2d 443 (1995). A clarifying amendment may be applied retroactively so long as the amendment does not contravene [715]*715previous court decisions construing the original statute. In re Dependency of Ramquist, 52 Wn. App. 854, 859, 765 P.2d 30 (1988) (citing State v. Jones, 110 Wn.2d 74, 82, 750 P.2d 620 (1988)).

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