Kathy C. v. Department of Social & Health Services

78 Wash. App. 143
CourtCourt of Appeals of Washington
DecidedJune 13, 1995
DocketNos. 13983-2-III; 13984-1-III; 13985-9-III; 13986-7-III
StatusPublished
Cited by3 cases

This text of 78 Wash. App. 143 (Kathy C. v. Department of Social & Health Services) 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
Kathy C. v. Department of Social & Health Services, 78 Wash. App. 143 (Wash. Ct. App. 1995).

Opinion

Schultheis, J.

Kathy C.’s parental rights to her four children were terminated.1 She contends the elements of RCW 13.34.180 were not proven by clear, cogent and [145]*145convincing evidence nor does the evidence sustain a finding that termination is in the best interests of the children. We reverse.

J.A., J.B., J.C. and J.D. range in age from 6 to 13.2 Each was removed from the family home toward the end of 1991 and orders of dependency were entered on February 20, 1992. Orders of termination were entered on January 5, 1994.

June West was the assigned Department of Social and Health Services (DSHS) caseworker. She testified to 20 contacts by Child Protective Services with the C. family over the span of seven or eight years preceding the children’s removal. The removal was occasioned by allegations of neglect, abuse and substance abuse by Ms. C. This was consistent with prior complaints of physical and sexual abuse, lack of medical care, filthy living conditions and other neglect. Removal was not precipitous. Another caseworker, Ms. Attaway, had been working with the family during the preceding six months. The home was in deplorable shape. Sanitation was substandard and the house was littered with rotten garbage, dirty clothes, food and animal feces. DSHS made the decision to remove when efforts to convince Ms. C. to clean the house and the children proved futile. When removed, the children suffered from advanced cases of ringworm and head lice. Ms. C. failed to administer prescribed medication. J.D. was found to have a cockroach embedded in his ear canal.

The oldest children were by then accustomed to assuming parental roles in caring for themselves and the younger girls. In addition to exhibiting significant anger problems, the two oldest children were learning disabled. J.D. was judged to be three to four years delayed in terms of scholastics. Physically, he was the size of a seven-year-old. J.C. was borderline retarded at the time of removal [146]*146with an IQ of 70. After a year and a half of foster care she was retested and found to have progressed to a more normal IQ of 97. J.B. also exhibited developmental delay and was placed in special education classes. She was taking medication for behavioral disorders. School officials advised Ms. West that unless something could he done to curb the girl’s outbursts of anger and aggression, she would not be allowed to attend regular classes. The youngest child, J.A., was and still is the most outwardly angry of the four. Shortly prior to trial, she destroyed $2,000 worth of household goods in her foster parents’ home. All J.A. was allowed to have in her bedroom was a mattress because she shreds everything she can put her hands on. Only five years old at the time of trial, she had the strength to punch through a wall and broke her arm in one such incident. While trial was in progress, she was in the psychiatric ward at Sacred Heart Medical Center undergoing an evaluation and was expected to remain there for an unknown period while DSHS assessed her prospects for future foster care.

Ms. C. admitted to past drug and alcohol abuse, but testified she had her problems under control. She was currently living in a drug and alcohol free environment, working as a maid, and assured Ms. West she was clean and sober. She entered an in-patient treatment program in December 1991 shortly after the children were removed and satisfactorily completed it. However, she did not begin attending an out-patient aftercare program until almost two years later, approximately one month before trial. She attended some AA meetings following her release from in-patient status, but stopped. She had just started attending meetings again and did not have a sponsor. She attended about 20 meetings over the preceding two years. Ms. C.’s willingness to follow her services plan ebbed and flowed as periodic review hearings were held. According to Ms. West, "we would get a flurry of activity prior to a hearing”. Ms. C. underwent a psychological assessment in connection with her in-patient treatment and was diagnosed as substance dependent.

[147]*147Ms. C. completed an anger management course, but admitted she was not cured and still occasionally lost her temper. This would seem confirmed by the fact she was convicted of fourth-degree assault while enrolled in the program when she struck her seven-year-old nephew. The incident arose when "My little nephew was in the back seat of the car calling me bitches and stuff and so I slapped him”. This episode resulted in a period of incarceration which effectively terminated her anger management classes. She later completed the program. She was placed in the Treatment Alternatives to Street Crimes (TASC) program, but discharged on three separate occasions for noncompliance. Ms. C. was also offered mental health counseling, but a precondition of enrollment was participation in substance abuse aftercare. Because the condition was not met, counseling never occurred. Ms. West tried to place Ms. C. with the Department of Vocational Rehabilitation (DVR), but DVR felt she was unqualified for retraining because she lacked basic job skills. Ms. C. was offered individual parenting classes, participation in a day treatment center with J.A. and family counseling with all of the children. She did not complete the individual parenting classes. She conceded she missed most of the scheduled day-care sessions. Ms. C. participated in family counseling sessions, but these were halted because the children were not receiving any therapeutic value. Ms. C. candidly admitted her children had "problems”.

Q: Would you agree, Miss [CJ, that your children have problems?
A: Would I agree my kids have problems?
Q: Yes.
A: Yeah.
Q: What problems?
A: I mean due to what Gilbert has done to 'em, what I’ve done, the drug scene, what’s happened, abuse that has happened in the past. Gilbert always hitting on 'em and everything. They’ve got a lot of [148]*148behavioral problems because they are, the way they’ve been treated — been hit a lot by Gilbert when he was around and I was afraid to do anything. He was always hittin’ on me, too.
Q: Okay, and so what’s the end result of these things that the children were exposed to? What problems do they have? What is their behavior as a result of that?
A: A lot of anger.
Q: Do they get violent?
A: They’ve got a lot of anger.

Gilbert was Ms. C.’s former boyfriend. He was physically and emotionally abusive to all the children, although J.D. was most frequently targeted. He and Ms. C. were using cocaine heavily at the time. Ms. C. agreed that her children were affected by witnessing the drug use. Gilbert had lived at the C. residence for about five years prior to the children’s removal. Ms. C. told J.A. that Gilbert was her real father, not Albert. She continued to tell J.A. this even after the State investigated Gilbert in connection with possible paternity proceedings and excluded him as the biological father. Ms. C. did not believe the test results. J.A.

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Bluebook (online)
78 Wash. App. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kathy-c-v-department-of-social-health-services-washctapp-1995.