In Re Todd

414 P.2d 605, 68 Wash. 2d 587
CourtWashington Supreme Court
DecidedMay 12, 1966
Docket38456
StatusPublished
Cited by18 cases

This text of 414 P.2d 605 (In Re Todd) 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 Todd, 414 P.2d 605, 68 Wash. 2d 587 (Wash. 1966).

Opinion

68 Wn.2d 587 (1966)
414 P.2d 605

In the Matter of the Welfare of DEBRA ANN TODD, Petitioner,
v.
THE SUPERIOR COURT FOR KING COUNTY, Donald L. Gaines, Judge, Respondent.[*]

No. 38456.

The Supreme Court of Washington, Department Two.

May 12, 1966.

Arthur A. Giblin, for petitioner.

Charles O. Carroll and Ned Olwell, for respondent.

FINLEY, J.

The petitioner herein describes the instant matter as a "`finish fight' by a Mother to save her child *588 from being permanently taken from her." Cast in less emotional tones, this child custody matter is before the court on a writ of certiorari granted on the petition of the mother of Deborah (Debra) Ann Todd. We granted the writ in order to review an order of the juvenile court declaring Deborah, a 13-year-old girl, to be a dependent child. The order further provided that the mother be deprived of custody, and that custody of the child would remain with the Washington State Department of Public Assistance until further order of the court.

The welfare of Deborah Ann had been before the juvenile court on several occasions, dating back to the summer of 1960. School authorities, social workers, and law enforcement officers had periodically entered petitions to have Deborah declared a dependent. Mrs. Todd steadfastly refused to cooperate with either the school authorities or the social workers of various state agencies. She frequently withdrew her child from enrollment in particular schools in order to "fight" what she construed to be a "conspiracy" against her and her child. She enrolled the child under several different assumed names in various public and private schools, and falsified her school records in her attempts to thwart the "interference" of school and court authorities. Several hearings were conducted by the juvenile court pursuant to the aforementioned petitions, but at each of them it was decided that the child's welfare would be best served by allowing her to remain with her mother, despite the obvious deficiencies in her home environment.

On July 23, 1965, the question of Deborah's welfare was once again before the juvenile court as a result of two petitions. The first petition was submitted by a deputy of the King County Sheriff's Department, alleging that the child was delinquent in that she had vandalized a roof. Apparently, the evidence was somewhat dubious in support of this issue, and this petition was dismissed. The second petition was submitted by a social worker of the State Department of Public Assistance to the effect that the child was "dependent" within the meaning of that term as it is used in the Juvenile Court Act, RCW 13.04.010. The judge *589 presiding at the juvenile court hearings had the benefit of (a) an extensive and detailed "social file,"[1] which was compiled by the professional staff of the court, as well as (b) the testimony of 10 witnesses, and (c) two psychiatrists' reports, in considering and granting the petition to have the child declared a dependent and made a ward of the state. Although the trial court did not make and enter formal findings of fact, the memorandum decision reveals that the basis of the order of dependency was that the court found that the mother was the victim of paranoid delusions of persecution, and had been trying, with some degree of success, to inoculate the child with similar delusions.

When existing parent-child relationships fail to meet — or allegedly fail to meet — commonly accepted community standards, an intense human drama almost inevitably develops. The apparent conflict between society (in the person of the law enforcement officers and/or the juvenile court officials involved) and the particular family is often exaggerated by the abstractions, preconceptions, and excessively emotional overtones of the actor participants. In this respect it seems to be forgotten that the law and the courts exist simply to interpret, propound, and apply acceptable social policy standards in these and other matters of socially significant human relationships. The law and the members of its official family, particularly the social worker, and oftentimes the juvenile court judge, become the villains in the piece. Paradoxically, these selfsame "villains" are the duly delegated and authorized agents of social policy of whom responsibility and function is not only expected, but is demanded by the very nature of their official status. In this context, one's perspective of the pertinent facts and the applicable law could easily be distorted in the instant case if one became overly concerned and preoccupied with (a) the fact and (b) the manner of intervention of the juvenile court in the current trials and tribulations *590 of the Todd family.[2] Such a distortion could well be amplified if one gives credence and weight to two unarticulated, but possibly inferential, presumptions which are entertained and advocated by the petitioner herein. The first of these presumptions is that the natural parent who fights for the custody of a child will — simply by virtue of his or her love and affection — provide an adequate home environment. Secondly, there is a presumption exemplified by the petitioner's attitude toward the school authorities and the courts that any person or agency who would seek to sever the parental relationship is, in effect, an officious intermeddler. In our opinion neither assumption is warranted by the facts of the instant matter, or by common experiences. The fact that Mrs. Todd desperately wants to keep Deborah should not prevent appropriate authority from attempting to ascertain whether the Todd home meets minimal standards. We are convinced that the professional personnel of the King County Youth Service Center and the State Department of Public Assistance, as a result of their training and experience, are well aware of, and are significantly guided and influenced by, a policy which recognizes the social or all-round desirability of leaving a child, if reasonably possible, in the custody of its natural parents. Furthermore, we believe these professional personnel are oftentimes more competent, or at least better trained and more experienced, in the matter of family relationships and problems than most judges and lawyers. In mentioning *591 these considerations and adverting to certain understandable "presumptions," emotional tendencies, and the reluctance of most people to intervene in family affairs, it should be implicit that we will not indulge in any presumption of inevitability or omniscience in favor of juvenile court determinations. Instead, the need is for cautious and, insofar as possible, objective evaluations at all official levels dealing with child welfare matters. However, we are confident that petitions to have a child made a ward of the state are usually resorted to only in the absence of any other rational, practicable solution to the particular problem involved.

Matters of child custody by their very nature present extremely difficult problems to trial and appellate courts, particularly when a natural parent is striving to maintain custody of an offspring in the face of persuasive indications or allegations of dependency or delinquency status.

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Bluebook (online)
414 P.2d 605, 68 Wash. 2d 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-todd-wash-1966.