In Re the Welfare of Snyder

532 P.2d 278, 85 Wash. 2d 182, 1975 Wash. LEXIS 868
CourtWashington Supreme Court
DecidedFebruary 27, 1975
Docket43400
StatusPublished
Cited by49 cases

This text of 532 P.2d 278 (In Re the Welfare of Snyder) is published on Counsel Stack Legal Research, covering Washington Supreme Court 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 Snyder, 532 P.2d 278, 85 Wash. 2d 182, 1975 Wash. LEXIS 868 (Wash. 1975).

Opinion

Hunter, J.

Paul Snyder and Nell Snyder, petitioners, seek review of the King County Juvenile Court’s finding that their daughter, Cynthia Nell Snyder, respondent, was an incorrigible child as defined under RCW 13.04.010(7). The issue before this court is whether the Juvenile Court’s determination is supported by substantial evidence.

Cynthia Nell Snyder is 16 years old, attends high school, and has consistently received above average grades. Prior to the occurrences which led to this action, she resided with her parents in their North Seattle home. The record shows that as Cynthia entered her teen years, a hostility began to develop between herself and her parents. This environment within the family home worsened due to a total breakdown in the lines of communication between Cynthia and her parents. Cynthia’s parents, being strict disciplinarians, placed numerous limitations on their daughter’s activities, such as restricting her choice of friends, and refusing to let her smoke, date, or participate in certain extracurricular activities within the school, all of which caused Cynthia to rebel against their authority. These hostilities culminated in a total collapse of the parent-child relationship. This atmosphere resulted in extreme mental abuse to all parties concerned.

On June 18, 1973, Mr. Snyder, having concluded that the juvenile court might be able to assist him in controlling his daughter, removed Cynthia from the family home and delivered her to the Youth Service Center. As a result, Cynthia was placed in a receiving home. On July 19, 1973, in an attempt to avoid returning home, Cynthia filed a petition in the Juvenile Department of the Superior Court for King County, alleging that she was a dependent child as defined by RCW 13.04.010(2) and (3), which provide: . ,

*184 This chapter shall be known as the “Juvenile Court Law” and shall apply to all minor children under the age of eighteen years who are delinquent or dependent; and to any person or persons who are responsible for or contribute to, the delinquency or dependency of such children.
For the purpose of this chapter the words “dependent child” shall mean any child under the age of eighteen years:
(2) Who has no parent, guardian or other responsible person; or who has no parent or guardian willing to exercise, or capable of exercising, proper parental control; or
(3) Whose home by reason of neglect, cruelty or depravity of his parents or either of them, or on the part of his guardian, or on the part of the person in whose custody or care he may be, or for any other reason, is an unfit place for such child; . . .

On July 23, 1973, Cynthia was placed in the temporary custody of the Department of Social and Health Services and an attorney was appointed to be her guardian ad litem. On October 12, 1973, the Juvenile Court held that the allegations attacking the fitness of Cynthia’s parents were incorrect, at least to the extent that they alleged dependency, and that Cynthia should be returned to the custody of her parents. Cynthia did return to the family residence, where she remained until November 16, 1973. At that time, following additional confrontations in her home, Cynthia went to Youth Advocates, a group which assists troubled juveniles, who in turn directed her to the Youth Service Center. On November 21, 1973, Margaret Rozmyn, who was in charge of the intake program at the center, filed a petition alleging that Cynthia was incorrigible as defined under RCW 13.04.010 (7), which provides:

For the purpose of this chapter the words “dependent child” shall mean any child under the age of eighteen years:
*185 (7) Who is incorrigible; that is, who is beyond the control and power of his parents, guardian, or custodian by reason of the conduct or nature of said child; . . .

A hearing was held on December 3, 1973, to determine temporary custody. The court limited the proceedings to arguments of opposing counsel and ultimately decided that Cynthia should be placed in a foster home pending the outcome of the fact-finding hearing. This hearing was held on December 10 and 11, 1973. At that time, Commissioner Quinn found that Cynthia was incorrigible and continued the matter for 1 week in order for the entire family to meet with a counselor. Originally, the commissioner indicated that he was inclined to have Cynthia return home, while at the same time being placed under supervised probation. However, on December 18, 1973, Commissioner Quinn, upon hearing the comments and conclusions of the counseling psychiatrist chosen by the parents, decided that Cynthia was to be placed in a foster home, under the supervision of the probation department of the Juvenile Court, and that she and her parents were to continue counseling, subject to subsequent review by the court. The parents immediately filed a motion for revision of the commissioner’s decision, which was denied by the Superior Court for King County in August of 1974.

This court assumed jurisdiction of the case upon our issuance of the requested writ of certiorari.

The sole issue presented by these facts is whether there is substantial evidence in the record, taken as a whole, to support the Juvenile Court’s determination that Cynthia Nell Snyder is incorrigible. Her parents contend that Cynthia is not incorrigible, as a matter of law, since the only evidence to support such a finding is their daughter’s own statements. We disagree.

A child is incorrigible when she is beyond the power and control of her parents by reason of her own conduct. RCW 13.04.010(7). In reviewing the record in search of substantial evidence, we must find “evidence in sufficient quantum to persuade a fair-minded, rational per *186 son of the truth of a declared premise.” Helman v. Sacred Heart Hosp., 62 Wn.2d 136, 147, 381 P.2d 605, 96 A.L.R.2d 1193 (1963). In applying this criteria for review, we are mindful that our paramount consideration, irrespective of the natural emotions in cases of this nature, must be the welfare of the child. In re Todd, 68 Wn.2d 587, 414 P.2d 605 (1966); In re Russell, 70 Wn.2d 451, 423 P.2d 640 (1967). When the questions of dependency and incorrigibility arise, “we have often noted what we think is a realistic and rational appellate policy of placing very strong reliance on trial court determinations of what course of action will be in the best interests of the child.” In re Todd, supra at 591.

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Bluebook (online)
532 P.2d 278, 85 Wash. 2d 182, 1975 Wash. LEXIS 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-snyder-wash-1975.