In The Matter Of The Parental Rights To A.k.-j.s.

CourtCourt of Appeals of Washington
DecidedFebruary 17, 2026
Docket86721-1
StatusUnpublished

This text of In The Matter Of The Parental Rights To A.k.-j.s. (In The Matter Of The Parental Rights To A.k.-j.s.) 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 The Matter Of The Parental Rights To A.k.-j.s., (Wash. Ct. App. 2026).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

In the Matter of the Parental Rights to No. 86721-1-I A.K.-J.S. DIVISION ONE

UNPUBLISHED OPINION

HAZELRIGG, C.J. — In this appeal from the order terminating her parent-child

relationship with A.K.-J.S., D.S. avers that the trial court erred when it granted her

request to represent herself, allowed the State to examine several witnesses in her

absence which she alleges violated her due process rights, and failed to make

findings regarding A’s sibling relationships pursuant to RCW 13.34.200(3) and

RCW 13.34.190(1)(b). As none of these alleged errors merit reversal, we affirm

the termination order.

FACTS

A is the child of D.S. (mother) and J.M. (father) and was born on September

29, 2020. D.S. “admitted that [A] was exposed to methamphetamine and cocaine

in utero.” The Department of Children, Youth, and Families (DCYF) removed A

from D.S.’s care pursuant to the finding of dependency in May 2021. The trial court

had previously entered an agreed order of dependency and dispositional orders in

as to D.S. The court’s dependency and dispositional orders relating to J.M.

followed in November 2021 and February 2022, respectively. No. 86721-1-I/2

DCYF brought a petition for termination of the parent-child relationship of

both parents in May 2023. DCYF alleged that both parents had numerous parental

deficiencies, it had offered or provided a variety of services to correct these

deficiencies, and D.S. had “struggled to stay engaged and/or complete her court

ordered services” over the course of several years. 1 More specifically, DCYF

alleged the following deficiencies in its amended petition for termination as to D.S.:

“untreated substance use disorder issues; untreated mental health issues; and

issues relating to domestic violence with the father and associated risk of exposure

to domestic violence” which impaired D.S’s “ability to safely parent.” J.M.

consented to the termination of his parental rights in September 2023.

The parties appeared for trial in King County Superior Court on February

27, 2024. 2 A had remained out of her parents’ custody for over three years by the

time of the termination trial. D.S. informed the court in her trial brief that she was

“presently awaiting an inpatient bed date” and, in the event a date was secured

during trial, she would move to continue her case until she completed treatment.

D.S. was not present when the proceeding began; her attorney informed the court

that D.S. was still in transit. The court handled a few preliminary matters before

taking a fifteen-minute recess. D.S. was present when court reconvened. D.S.’s

1 DCYF further alleged that J.M. had completed “a Domestic Violence assessment in February 2022” but had “not engaged” in other “recommended services or completed a parenting assessment.” 2 DCYF filed a motion that same day which stated, “Although both parents reported that

they did not have any Native ancestry, a maternal third cousin subsequently reported that the child has Native Ancestry through an unspecified tribe” and the Bureau of Indian Affairs (BIA) had been notified in compliance with the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901-1963, and with the Washington Indian Child Welfare Act (WICWA), chapter 13.38 RCW, but the BIA had not found any tribal affiliation. The trial court concluded that ICWA did not apply, and D.S. does not challenge that determination in her appeal.

-2- No. 86721-1-I/3

counsel informed the court that D.S. sought to proceed pro se or, alternately,

substitute counsel. D.S. orally requested a continuance based on her counsel’s

alleged unavailability and “lack of work ethic as a professional,” the fact that a

relative had expressed interest in adopting A, and D.S.’s upcoming bed date for

inpatient treatment. D.S. also expressed concerns about A’s behavioral problems

and that her foster parents had changed preschools, not receiving paperwork from

DCYF, her visitation with A being changed to supervised visits, and that J.M. was

conspiring against her. The court questioned D.S. at length regarding her request

to represent herself and noted that the issues unrelated to counsel and the

continuance would be considered and evaluated during trial.

DCYF opposed “the mother’s request for a continuance and appointment of

new counsel” and argued that the evidence would show that D.S. was unable to

“work with any professional in this case, whether it be the social worker, the visit

supervisors, and apparently her attorney” and called D.S.’s request a “delay tactic.”

The court appointed special advocate (CASA) also opposed D.S.’s request, noting

that D.S’s various concerns about adoption placement and events leading up to

the current proceeding, which were not related to the her request to represent

herself and for a continuance so that she could attend treatment, were “issues for

trial” and a continuance would delay the trial and permanent placement for A. The

trial court found that there was not a basis to grant a continuance or appoint a new

attorney. The court then further questioned D.S. regarding her request to proceed

pro se, and ultimately, D.S. was permitted to represent herself. Attorney Grainne

-3- No. 86721-1-I/4

Griffiths was retained as standby counsel. DCYF called D.S. as its first witness

and questioned her regarding the allegations of parental unfitness in its petition.

When the proceeding resumed on February 28, D.S. joined via Zoom 3 and

informed the court that she was in transit to the court. Trial was recessed to allow

her time to arrive, which took longer than expected based on D.S.’s

representations to the court. 4 DCYF called the following witnesses on February

28 in support of the allegations in its petition: visitation supervisor Hannah Olson,

scientific director of a urinalysis provider Dr. Aaron Brown, and an infant mental

health therapist and program supervisor. D.S. left the courtroom during Olson’s

testimony without giving the court her reasons for doing so. Later, D.S. returned

and had the following exchange with the judge:

THE COURT: Actually, I see that [D.S.] is back. [D.S.], I think what we’re going to do is take the afternoon recess and start with Dr. Brown at 2:30, because I wasn’t sure when you were going to get back, and also Ms. Griffiths printing [sic] some exhibits for you.

[D.S.]: All right.

THE COURT: I am starting with Dr. Brown at 2:30 whether you’re here or not.

[D.S.]: I was out there. I didn’t know you guys had started. I was waiting for somebody else to come in. I didn’t know if it was unlocked or not. I was here. I just didn’t know if it was unlocked. I didn’t know anybody else was in here, and I seen him come in so I followed behind him.

3 Zoom is a software application commonly used for videoconferencing. Several witnesses

and D.S. appeared via Zoom at various points throughout the proceeding. 4 The trial judge would later state that “over two hours” had been lost on February 28. That

day, court was first convened at 9:44 a.m., and D.S. was still in transit. When court was reconvened at 11:12 a.m., D.S. was still in transit.

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