J.B. v. Department of Social & Health Services

187 Wash. 2d 592
CourtWashington Supreme Court
DecidedJanuary 26, 2017
DocketNo. 91921-6
StatusPublished
Cited by38 cases

This text of 187 Wash. 2d 592 (J.B. v. Department of Social & Health Services) 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
J.B. v. Department of Social & Health Services, 187 Wash. 2d 592 (Wash. 2017).

Opinions

Wiggins, J.

¶1 In 2013, the legislature amended the statute governing termination of parental rights. The legislature provided that “[i]f the parent is incarcerated, the court shall consider” a set of factors before determining that “continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent home.” RCW 13.34.180(l)(f) (emphasis added). Petitioner J.B. argues that his parental rights cannot be terminated without express written findings of fact on these incarcerated parent factors. We hold that while explicit findings on the incarcerated parent factors are not statutorily required, consideration of the factors is mandatory. Because the trial court failed to consider the incarcerated parent factors in this case, we reverse and remand the case to the trial court for consideration of the incarcerated parent factors.

FACTS

¶2 J.B. is the biological father of K.J.B. K.J.B. was born on April 20, 2012 and was immediately removed from her mother’s care because of her mother’s prenatal methamphe[595]*595tamine use. K.J.B. was initially placed in a relative’s care. At one month old, K. J.B. was moved to a foster care family, where she currently resides. Her mother has already relinquished her parental rights and is not a party to this proceeding. K. J.B. has never lived with her biological mother or father.

¶3 J.B. has struggled with drug addiction since his adolescence. In October 2012, the court entered a dependency order requiring J.B. to complete a drug/alcohol evaluation and treatment, random urinalysis testing, and a parenting assessment and instruction. J.B. completed a parenting assessment and participated in parenting instruction. He started several drug treatment programs but never completed any. In the findings of fact, the trial judge noted, “The father has a very serious drug addiction.” Clerk’s Papers (CP) at 19 (Findings of Fact (FF) 1.11). He “has not been able to demonstrate sobriety for any significant period of time, despite being provide [d] ample time and opportunity to do so.” FF 1.20. “His substance abuse addiction prevents him from parenting his child.” FF 1.22. “The father has demonstrated that he is incapable of providing or unwilling to provide a safe, healthy and stable environment for [K.J.B.] due to his continued substance abuse addiction and inability to complete treatment.” FF 1.24. In his oral ruling, the judge stated, “I find that your use of methamphetamine has prevented you from providing care for this child for extended periods of time and you have a documented unwillingness, and that’s a difficult word to use for you, [J.B.], but a documented unwillingness to receive and complete treatment or documented multiple failed treatments ....” 2 Verbatim Report of Proceedings (VRP) at 249.

¶4 J.B. participated in visits with K.J.B. in January 2013 and more regularly visited with her from March 2013 to January 2014. One parenting professional testified that J.B. was nurturing and loving toward K.J.B. and that he showed compassion and sensitivity. However, the trial judge found that “[t]he father’s parental deficiencies have not been corrected.” FF 1.10.

[596]*596¶5 In January 2014, J.B. was found guilty of first degree unlawful possession of a firearm and possession of a stolen firearm. He was sentenced to 74 months of incarceration.

¶6 At the time of the termination hearing, J.B. had been incarcerated for less than 52 days.1 In considering the termination of J.B.’s parental rights, the trial court apparently applied outdated statutory language in framing its analysis. Specifically, the court applied RCW 13.34.180(l)(f) without mentioning its 2013 amendments requiring courts to consider additional factors relevant to incarcerated parents. Without expressly considering these factors set forth in RCW 13.34.180(l)(f), the trial court terminated J.B.’s parental rights.

¶7 J.B. appealed. The Court of Appeals acknowledged “the trial court’s failure to weigh the required considerations” but ruled that it was harmless error that did not require reversal. In re Parental Rights to K.J.B., 188 Wn. App. 263, 285, 354 P.3d 879 (2015). J.B. appealed, and we accepted review.

STANDARD OF REVIEW

¶8 We review matters of statutory interpretation de novo. O.S.T. v. Regence BlueShield, 181 Wn.2d 691, 696, ¶ 8, 335 P.3d 416 (2014).

ANALYSIS

¶9 Our fundamental goal in statutory interpretation is to “discern and implement the legislature’s intent.” State v. Armendariz, 160 Wn.2d 106, 110, ¶ 7, 156 P.3d 201 (2007). Where “the statute’s meaning is plain on its face, then the court must give effect to that plain meaning as an expression of legislative intent.” Dep’t of Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1, 9-10, 43 P.3d 4 (2002). We discern [597]*597plain meaning “from all that the Legislature has said in the statute and related statutes which disclose legislative intent about the provision in question.” Id. at 11. “[I]f, after this inquiry, the statute remains susceptible to more than one reasonable meaning, the statute is ambiguous and it is appropriate to resort to aids to construction, including legislative history.” Id. at 12. Plain language that is not ambiguous does not require construction. State v. Evans, 177 Wn.2d 186, 192, 298 P.3d 724 (2013).

Washington’s Statutory Scheme for Termination of Parental Rights

¶10 The paramount goal of child welfare legislation is to reunite the child with the legal parents if reasonably possible. In re Dependency of J.H., 117 Wn.2d 460, 476, 815 P.2d 1380 (1991);In re Custody of C.C.M., 149 Wn. App. 184, 202 P.3d 971 (2009). Parents have a fundamental liberty and property interest in the care and custody of their children. U.S. Const. amends. V, XIV; Wash. Const, art. I, § 3; Santosky v. Kramer, 455 U.S. 745, 753, 102 S. Ct. 1388, 71 L. Ed. 2d 599 (1982) (plurality opinion). “The due process clause of the Fourteenth Amendment protects a parent’s right to the custody, care, and companionship of [his or] her children.” In re Welfare of Key, 119 Wn.2d 600, 609, 836 P.2d 200 (1992) (citing Stanley v. Illinois, 405 U.S. 645, 651, 92 S. Ct. 1208, 31 L. Ed. 2d 551 (1972)). Due process requires a court to find the parent to be currently unfit before the parent-child relationship may be terminated. Id.

¶ 11 In order to deem a parent unfit and thus terminate the parent-child relationship, the State must satisfy a two-pronged test. In re Dependency of K.N.J.,

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Cite This Page — Counsel Stack

Bluebook (online)
187 Wash. 2d 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jb-v-department-of-social-health-services-wash-2017.