State v. G.A.H.

133 Wash. App. 567
CourtCourt of Appeals of Washington
DecidedJune 19, 2006
DocketNo. 57767-1-I
StatusPublished
Cited by21 cases

This text of 133 Wash. App. 567 (State v. G.A.H.) 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. G.A.H., 133 Wash. App. 567 (Wash. Ct. App. 2006).

Opinion

¶1 The Kang County Superior Court Juvenile Division found that 13-year-old G.A.H., an adjudicated offender, was dependent and ordered the Department of Social and Health Services (DSHS) to place G.A.H. in foster care. DSHS was not a party to the juvenile offender proceeding. DSHS argues that the juvenile court lacked the authority to order DSHS to place G.A.H. in foster care under the Juvenile Justice Act of 1977, chapter 13.40 RCW. We agree and reverse.

Dwyer, J.

FACTS

¶2 This appeal stems from juvenile court orders regarding G.A.H., a 13-year-old adjudicated offender with a history of serious mental illness. We recite only those facts necessary to describe the proceedings leading to this appeal.

¶3 In February 2006, G.A.H. was in juvenile detention pending adjudication on several charges, including an assault on his mother. A detention review hearing was held on February 2, and although DSHS was not a party to the [571]*571proceeding, the court ordered G.A.H. released to DSHS for assessment of services and a possible foster care placement. The next day, G.A.H.’s attorney made a referral to DSHS, and a social worker with DSHS’ Division of Children and Family Services (DCFS) began an investigation. The DSHS caseworker assessed G.A.H. and his mother and determined that out-of-home placement through the foster care system was neither appropriate nor necessary.

¶4 On February 6, a DSHS representative appeared at G.A.H.’s next detention review hearing. DSHS argued that, in the context of a juvenile offender proceeding, the court did not have statutory authority to order foster care placement by DSHS. It also recommended that the court release G.A.H. to his mother. DSHS further informed the court that DSHS had provided and would continue to offer the family intensive family preservation services and a therapist to assist them until G.A.H. could be admitted to in-patient mental health treatment.

¶5 G.A.H.’s mother, a single parent, was not a party to these proceedings and was not represented by counsel. She did, however, testify that she was extremely concerned that her son needed more supervision than she could provide. She also urged the court to order an out-of-home placement to a facility equipped to address her son’s mental health needs.

16 On February 8, G.A.H. entered a guilty plea. In the juvenile offender order of disposition entered that day, the court ordered G.A.H. released to DSHS for assessment and placement.

¶7 On February 10, the court amended its dispositional order to prohibit “unsupervised” contact between G.A.H. and his mother. Subsequently, on February 13, the court ordered that G.A.H. be released to DSHS for placement in foster care.

¶8 The court denied DSHS’ motion to grant a stay of the order pending appellate review but certified, based on RAP 2.3(b)(4) and stipulations by G.A.H. and the prosecutor, [572]*572that “the issue of the court’s authority to order DCFS to place this youth is a question of law where there is substantial disagreement and an immediate review by the Court of Appeals will materially advance the ultimate termination of the litigation.”

¶9 As ordered, DSHS placed G.A.H. in foster care. G.A.H. was later transferred to a Children’s Long-term Inpatient Program placement and is currently residing at a psychiatric residential treatment facility. G.A.H.’s DCFS case is closed.

¶10 While G.A.H.’s file was open, DSHS appealed the juvenile court orders and sought accelerated review,1 which a commissioner of this court granted.

DISCUSSION

f 11 DSHS argues that the juvenile court did not have jurisdiction to order G.A.H. placed in foster care. Respondents G.A.H. and the State of Washington, represented by the King County Prosecuting Attorney’s office, concede that the court lacked statutory authority to enter the challenged ruling but contend that the decision is not appealable. Accordingly, we first address the arguments regarding appealability.

I. Mootness

¶12 G.A.H. contends that the issue presented in this appeal is moot because DSHS voluntarily placed him in foster care and has now closed his file. Thus, this court cannot now grant effective relief with regard to the underlying dispute.

¶13 “A moot case is one which seeks to determine an abstract question which does not rest upon existing facts or rights.” Hansen v. W. Coast Wholesale Drug Co., 47 [573]*573Wn.2d 825, 827, 289 P.2d 718 (1955). Generally, cases presenting moot issues on appeal are dismissed. City of Seattle v. Johnson, 58 Wn. App. 64, 66-67, 791 P.2d 266 (1990). However, a court may address a moot issue if “matters of continuing and substantial public interest are involved.” Sorenson v. City of Bellingham, 80 Wn.2d 547, 558, 496 P.2d 512 (1972).

f 14 Three criteria must be considered when

“determining whether the requisite degree of public interest exists: (1) the public or private nature of the question presented, (2) the need for a judicial determination for future guidance of public officers, and (3) the likelihood of future recurrences of the issue.”

In re Eaton, 110 Wn.2d 892, 895, 757 P.2d 961 (1988) (quoting In re Pers. Restraint of Myers, 105 Wn.2d 257, 261, 714 P.2d 303 (1986)). A fourth factor, the “level of genuine adverseness and the quality of advocacy of the issues,” may also be considered. Hart v. Dep’t of Soc. & Health Servs., 111 Wn.2d 445, 448, 759 P.2d 1206 (1988).

¶15 We agree that this court can provide no effective relief with respect to G.A.H. because he has been placed in a facility that meets his needs and his DCFS file is now closed. Nevertheless, we find that the proceedings below raise matters of continuing and substantial public interest. All of the elements justifying appellate review are present. First, the nature of the issue is public, as the juvenile court is often faced with releasing offenders who have serious mental health needs that may not be addressed when they are discharged from detention. Second, a decision on the juvenile court’s authority to order DSHS to meet those needs will provide future guidance to public officers interacting with juvenile offenders. Third, as the King County prosecutor concedes, this is an issue that is likely to recur.2 [574]*574Fourth, despite the expedited scheduling of this appeal, the parties have skillfully briefed and argued the legal issues presented. Thus, it is appropriate for us to address the issues raised.

II. DSHS Is a Proper Party To Appeal This Action

¶16 The respondents also argue that DSHS cannot appeal the juvenile court order because DSHS was not a party to the juvenile offender proceeding below.

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Bluebook (online)
133 Wash. App. 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gah-washctapp-2006.