State v. Arnold

779 P.2d 1155, 55 Wash. App. 638, 1989 Wash. App. LEXIS 319
CourtCourt of Appeals of Washington
DecidedOctober 2, 1989
DocketNo. 21979-1-I
StatusPublished

This text of 779 P.2d 1155 (State v. Arnold) 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
State v. Arnold, 779 P.2d 1155, 55 Wash. App. 638, 1989 Wash. App. LEXIS 319 (Wash. Ct. App. 1989).

Opinion

Swanson, J.

Patricia Arnold appeals from an order terminating parental rights in her daughter C, born November 21, 1985. Among other things, Arnold challenges the sufficiency of the evidence.

Prior to C's birth in November 1985, Arnold experienced a series of personal difficulties: she was raped twice, evicted and threatened with eviction several times, and arrested for shoplifting. Arnold had ongoing conflicts with her sisters Julie and Donna, who lived with her at various times. Throughout 1985, Arnold participated in therapy, counseling, and parenting classes. R, C's older sister, was found to be dependent pursuant to an agreed order of dependency entered January 22,1985.

Following C's birth in November 1985, Arnold continued to experience conflicts with her sisters who, among other things, stole Arnold's rent money. Arnold voluntarily placed C into foster care from February 28, 1986, to March 21, 1986, to deal with "a cockroach problem in her apartment." Arnold was evicted again in April 1986. C was next placed into foster care from July 22, 1986, to August 1, 1986, while Arnold served a jail sentence for shoplifting. Between December 1985 and May 1986, Arnold received individual counseling, parenting assistance, and services from a public health nurse and homemaker.

On December 12, 1986, R and C were placed into foster care following the filing of a dependency petition on C. After a hearing on February 24, 1987, the trial court found C to be dependent pursuant to RCW 13.34.030(2) (c)1 and found the following allegations, among others, to be true:

c. The mother has been diagnosed borderline personality syndrome and has been hospitalized twice for psychiatric problems.
d. The mother has been arrested three times for shoplifting and once for assault. She has been raped twice.
[640]*640e. On November 13, 1986, a member of the mother's church called CPS to report the mother telling her and other church members that [R] was hurting [C]. This consisted of tipping [C] over in her stroller and pushing her out of bed. On both occasions, [C] sustained head bruises.
f. Between November 18, 1986, and December 10, 1986, CPS received calls from Children's Services, Family Counseling, Dr. Naomi Katsh, and the mother herself reporting accidents occurring to the children. These accidents included the following: 1) In November, 1986, [R] was treated at Everett General Hospital for having placed a spoon in her mouth which contained a liquid drain cleaner; 2) On November 29, 1986, the mother, having been mad at her sister, walked into her bedroom and threw her keys in frustration. The keys accidentally hit [C] in the forehead which required her to be treated at Everett General Hospital; 3) On December 8, 1986, [R], being mad at her mother, tipped over a lamp. The exposed light bulb burned [C's] face. The burn covered approximately a four inch area on her left cheek near her mouth.

The dispositional order provided that Arnold was to complete parenting classes and counseling and was to maintain a "stable home and lifestyle for ... at least five months."

C was returned to Arnold on June 4, 1987, but placed into foster care once again on July 8, 1987, when Arnold permitted a man to stay in her home who she knew had physically and sexually abused his stepdaughter. This man may also have burned C with a cigarette. At the July 14, 1987, dependency review hearing, C was returned to her mother on condition that she not permit men "not authorized by DSHS" into her home.

The Department of Social and Health Services (DSHS) filed a termination petition regarding C on October 13, 1987. Following a fact-finding hearing on January 13-15, 1987, the trial court terminated Arnold's parental rights in both C and R. This appeal ensued.

In support of the termination petition, Julie Nagel, a child and family therapist for Children's Services in Everett, testified that she began seeing Arnold and R in November 1986 and C in March 1987. Nagel emphasized Arnold's inability to supervise her children and her lack of judgment in having "inappropriate men" in her house. [641]*641Although Nagel characterized Arnold's participation in services as exemplary, she was not satisfied with Arnold's progress, in particular, with Arnold's inability to apply skills and techniques learned in the classroom to actual living situations. Nagel found that these deficiencies resulted in a continuing threat to the safety of Arnold's children. In Nagel's opinion, C required a permanent living situation and termination was in her best interests.

Katherine Day, a clinical psychologist, evaluated R and Arnold in 1985 and again in July 1987. In 1987, Day detected no indication of Arnold's earlier problems with anger, but concluded that Arnold suffered from a "schizoid personality disorder" and from an "aggressively negative world view." According to Day, people with this "profile" have great difficulty in resisting impulsive urges in order to achieve greater goals and in establishing routines necessary for effective parenting. In Day's opinion, Arnold was incapable of providing the continuity necessary to parent C effectively. Day offered no opinion whether Arnold might be able to provide such continuity in the "distant future" and concluded that termination was "probably" in the children's best interest.

Jean Markham, a DSHS caseworker for R since April 1985 and for C since November 1987, testified that Arnold's continued problems with her relatives, her difficulty in maintaining a stable residence, and the frequent accidents that occurred while the children were in her custody all reflected Arnold's inability to provide a safe environment for her children. Markham described a visit with Arnold, R, and C in early September 1987:

We were in an interview room, [R] was attacking [C] during the time that we were talking, she rammed the stroller into the wall, she was grabbing [C] by the front of her clothes and shaking her and was hitting her. Patty seemed to be totally oblivious to what was going on, and ... I had to intervene.

Markham opined that termination was necessary because:

Patty has been offered and provided more services in the past four years than any parent I've ever had on my case load, and progress has been minimal, if any, and her ability to parent [642]*642and protect her children. Her judgment remains gravely impaired causing her to place herself and her children repeatedly in danger. In many ways she seems unable to learn from her mistakes, and I think that she is unable to place the needs of her children ahead of her own. These are the same concerns, the same concerns I have now that I had when I started working with Patty almost three years ago.

Markham stated that continued foster placement for both children would be emotionally damaging with no reasonable hope that Arnold could ever resume parenting.

Testimony essentially similar to Markham's was presented by several additional witnesses. All of the State's witnesses acknowledged Arnold's cooperation and willingness to utilize services, but noted her minimal progress over the course of some 4 years.

Several witnesses testified on Arnold's behalf.

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Bluebook (online)
779 P.2d 1155, 55 Wash. App. 638, 1989 Wash. App. LEXIS 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-arnold-washctapp-1989.