Roe, J.
Cheryl Young Potter,
22, was reared in an atmosphere of abuse and neglect. A long history of truancy, incorrigibility and running away from home culminated in 1971, when Cheryl was adjudicated dependent and made a temporary ward of the Spokane Juvenile Court. After various unsuccessful placements by the court, Cheryl was committed in 1972 to the Division of Institutions. Following her discharge in 1974, Cheryl lived with her grandfather and one Gerald Lillie, the putative father of her two children, Mae Lynn Young, born in 1974, and Tammy Young, born in 1976, of whom she was deprived in this action. Gerald Lillie disappeared in 1976, and his location is currently unknown.
Early in 1976, Cheryl was hospitalized for surgery and agreed to place Mae Lynn and Tammy in temporary foster care. Except for a 1-week visit with Cheryl, Tammy has remained in foster care. Mae Lynn returned to her mother in May of 1976, remaining until August of that year when she was again placed in foster care and subsequently adjudicated a dependent child. After Mae Lynn's return to foster care, Cheryl made one of several suicide attempts and entered the psychiatric unit of Sacred Heart Hospital. She left against medical advice and did not return for recommended counseling.
Cheryl has developed an adult criminal record which includes a federal conviction for obstruction of the mails,
and convictions for resisting arrest, DWI, reckless driving and unlawful issuance of bank checks. She was sentenced and incarcerated at the Purdy Treatment Center for Women to serve a 5-year term for forgery.
The Office of the Attorney General filed a petition to permanently deprive Cheryl of the custody of her two children.
Following a hearing, the juvenile court held that Cheryl had abandoned Tammy, and that both Mae Lynn and Tammy were dependent children for lack of a parent willing or capable of exercising proper parental control. An order was entered permanently depriving Cheryl of the custody, care, and control of both children, and this appeal followed.
Initially, the State argues that Cheryl failed to assign error to the findings of fact. Ordinarily, unchallenged findings become the established facts of the case,
In re Marriage of Verbin,
92 Wn.2d 171, 595 P.2d 905 (1979), and appellate inquiry is limited to determining whether those findings support the trial court's conclusions of law and judgment.
State Bar Ass'n v. Great W. Union Fed. Sau. & Loan Ass'n,
91 Wn.2d 48, 586 P.2d 870 (1978);
Hoke v. Stevens-Norton, Inc.,
60 Wn.2d 775, 375 P.2d 743 (1962). In
Daughtry v. Jet Aeration Co.,
91 Wn.2d 704, 710, 592 P.2d 631 (1979), the Supreme Court held that failure to assign error to findings of fact is not fatal to appellate review when the nature of the challenge is clear and the challenged findings are set forth in the appellant's brief. Although Cheryl assigned error only to the conclusions of law, she cites specific findings of fact in the texts of her arguments, and those references are sufficient under
Daughtry
to allow review of the merits.
Evidence must be clear, cogent and convincing to support an order which permanently deprives a natural parent of the care, custody and control of minor children.
In re Sego,
82 Wn.2d 736, 513 P.2d 831 (1973). On review, the appellate court must determine whether, in light of the
degree of proof required, there is substantial evidence to support the trial court's decision.
In this context, "substantial evidence" means clear, cogent and convincing evidence showing the necessity for permanent deprivation to be highly probable.
In re Schulz,
17 Wn. App. 134, 140, 561 P.2d 1122 (1977).
The natural parent does not have an absolute right to the custody and care of a child,
In re Hagen,
21 Wn. App. 169, 584 P.2d 446 (1978); in deprivation proceedings, the paramount consideration is the welfare of the child.
In re Russell,
70 Wn.2d 451, 423 P.2d 640,
cert. denied,
389 U.S. 874 (1967). The trial court is accorded broad discretion to determine the best interests of the child and its decision will receive great deference on review.
In re Tarango,
23 Wn. App. 126, 595 P.2d 552 (1979). Here, the trial court determined that the best interests of Mae Lynn and Tammy required severance of Cheryl's parental rights. Cheryl has a depressive criminal record, both as a juvenile and as an adult. Expert testimony described her as emotionally unstable with suicidal tendencies. The trial court found that Cheryl presently lacks proper parenting skills and the prognosis is poor that she will develop necessary skills in time to benefit her children. At present she is unable to maintain a normal parent-child relationship, so May Lynn and Tammy face indefinite foster care.
This evidence indicates that the trial court acted within its discretion in ordering permanent deprivation.
Cheryl argues that the trial court erred in concluding that she had abandoned Tammy. Deprivation of parental rights may be ordered pursuant to a finding that a child has been abandoned; however, there must be clear, cogent and convincing evidence of the parent's intention to permanently relinquish all claims to the child.
In re Crozier,
44 Wn.2d 901, 272 P.2d 136 (1954);
In re Hagen, supra.
It is not necessary to determine if there is the quantum of proof
to support abandonment since the trial court found Tammy dependent for lack of a parent capable of exercising proper parental control and this conclusion is well supported by the evidence.
Cheryl next claims that the opinion testimony of Dr. Gipstein, a child psychiatrist, was both speculative and hearsay. No objection was made on hearsay grounds. To
preserve error for consideration on appeal, the general rule requires that the alleged error first be brought to the trial court's attention at a time that will afford that court an opportunity to correct it.
State v. Wicke,
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Roe, J.
Cheryl Young Potter,
22, was reared in an atmosphere of abuse and neglect. A long history of truancy, incorrigibility and running away from home culminated in 1971, when Cheryl was adjudicated dependent and made a temporary ward of the Spokane Juvenile Court. After various unsuccessful placements by the court, Cheryl was committed in 1972 to the Division of Institutions. Following her discharge in 1974, Cheryl lived with her grandfather and one Gerald Lillie, the putative father of her two children, Mae Lynn Young, born in 1974, and Tammy Young, born in 1976, of whom she was deprived in this action. Gerald Lillie disappeared in 1976, and his location is currently unknown.
Early in 1976, Cheryl was hospitalized for surgery and agreed to place Mae Lynn and Tammy in temporary foster care. Except for a 1-week visit with Cheryl, Tammy has remained in foster care. Mae Lynn returned to her mother in May of 1976, remaining until August of that year when she was again placed in foster care and subsequently adjudicated a dependent child. After Mae Lynn's return to foster care, Cheryl made one of several suicide attempts and entered the psychiatric unit of Sacred Heart Hospital. She left against medical advice and did not return for recommended counseling.
Cheryl has developed an adult criminal record which includes a federal conviction for obstruction of the mails,
and convictions for resisting arrest, DWI, reckless driving and unlawful issuance of bank checks. She was sentenced and incarcerated at the Purdy Treatment Center for Women to serve a 5-year term for forgery.
The Office of the Attorney General filed a petition to permanently deprive Cheryl of the custody of her two children.
Following a hearing, the juvenile court held that Cheryl had abandoned Tammy, and that both Mae Lynn and Tammy were dependent children for lack of a parent willing or capable of exercising proper parental control. An order was entered permanently depriving Cheryl of the custody, care, and control of both children, and this appeal followed.
Initially, the State argues that Cheryl failed to assign error to the findings of fact. Ordinarily, unchallenged findings become the established facts of the case,
In re Marriage of Verbin,
92 Wn.2d 171, 595 P.2d 905 (1979), and appellate inquiry is limited to determining whether those findings support the trial court's conclusions of law and judgment.
State Bar Ass'n v. Great W. Union Fed. Sau. & Loan Ass'n,
91 Wn.2d 48, 586 P.2d 870 (1978);
Hoke v. Stevens-Norton, Inc.,
60 Wn.2d 775, 375 P.2d 743 (1962). In
Daughtry v. Jet Aeration Co.,
91 Wn.2d 704, 710, 592 P.2d 631 (1979), the Supreme Court held that failure to assign error to findings of fact is not fatal to appellate review when the nature of the challenge is clear and the challenged findings are set forth in the appellant's brief. Although Cheryl assigned error only to the conclusions of law, she cites specific findings of fact in the texts of her arguments, and those references are sufficient under
Daughtry
to allow review of the merits.
Evidence must be clear, cogent and convincing to support an order which permanently deprives a natural parent of the care, custody and control of minor children.
In re Sego,
82 Wn.2d 736, 513 P.2d 831 (1973). On review, the appellate court must determine whether, in light of the
degree of proof required, there is substantial evidence to support the trial court's decision.
In this context, "substantial evidence" means clear, cogent and convincing evidence showing the necessity for permanent deprivation to be highly probable.
In re Schulz,
17 Wn. App. 134, 140, 561 P.2d 1122 (1977).
The natural parent does not have an absolute right to the custody and care of a child,
In re Hagen,
21 Wn. App. 169, 584 P.2d 446 (1978); in deprivation proceedings, the paramount consideration is the welfare of the child.
In re Russell,
70 Wn.2d 451, 423 P.2d 640,
cert. denied,
389 U.S. 874 (1967). The trial court is accorded broad discretion to determine the best interests of the child and its decision will receive great deference on review.
In re Tarango,
23 Wn. App. 126, 595 P.2d 552 (1979). Here, the trial court determined that the best interests of Mae Lynn and Tammy required severance of Cheryl's parental rights. Cheryl has a depressive criminal record, both as a juvenile and as an adult. Expert testimony described her as emotionally unstable with suicidal tendencies. The trial court found that Cheryl presently lacks proper parenting skills and the prognosis is poor that she will develop necessary skills in time to benefit her children. At present she is unable to maintain a normal parent-child relationship, so May Lynn and Tammy face indefinite foster care.
This evidence indicates that the trial court acted within its discretion in ordering permanent deprivation.
Cheryl argues that the trial court erred in concluding that she had abandoned Tammy. Deprivation of parental rights may be ordered pursuant to a finding that a child has been abandoned; however, there must be clear, cogent and convincing evidence of the parent's intention to permanently relinquish all claims to the child.
In re Crozier,
44 Wn.2d 901, 272 P.2d 136 (1954);
In re Hagen, supra.
It is not necessary to determine if there is the quantum of proof
to support abandonment since the trial court found Tammy dependent for lack of a parent capable of exercising proper parental control and this conclusion is well supported by the evidence.
Cheryl next claims that the opinion testimony of Dr. Gipstein, a child psychiatrist, was both speculative and hearsay. No objection was made on hearsay grounds. To
preserve error for consideration on appeal, the general rule requires that the alleged error first be brought to the trial court's attention at a time that will afford that court an opportunity to correct it.
State v. Wicke,
91 Wn.2d 638, 591 P.2d 452 (1979).
Cheryl unsuccessfully moved to strike Dr. Gipstein's testimony about her parenting skills on the grounds that it was speculative. The trial court has wide discretion to determine the admissibility of opinion evidence.
Weber v. Biddle,
72 Wn.2d 22, 431 P.2d 705 (1967). Once the basic requisite qualifications are established, any deficiencies in an expert's qualifications go to the weight, rather than the admissibility, of his testimony.
Larson v. Georgia Pac. Corp.,
11 Wn. App. 557, 524 P.2d 251 (1974). We find no abuse of discretion.
Although Cheryl contends that Dr. Cressey's expert testimony also was speculative, she did not object at trial. Error raised for the first time on appeal need not be considered.
Eldredge v. Kamp Kachess Youth Servs., Inc.,
90 Wn.2d 402, 583 P.2d 626 (1978).
Although termination of a parent-child relationship is a harsh and painful procedure to invoke against an irresponsible, misguided but nonetheless loving parent, it bears repeating that the interest of the child must be paramount. Although we have profound sympathy with the deprived background of the mother and recognize her earnest desire to have the children to give meaning to her life, yet the award of children is not a bonus for good intentions, nor are children removed as punishment, but we must be guided by the welfare of the children themselves. Mae Lynn and Tammy deserve a chance to develop into normal, well-adjusted adults; that chance can only begin in a stable and affectionate environment. Mae Lynn and Tammy are already bonded emotionally to their foster parents. Transitory life through various foster care placements, or a sudden uprooting when Cheryl is released from confinement at some indefinite future date may cause them irreversible
damage. Children are our only true natural resource, and we cannot afford to gamble needlessly with their futures.
Affirmed.
Green, C.J., and McInturff, J., concur.
Reconsideration denied October 25, 1979.
Review denied by Supreme Court January 11,1980.