In re Dependency of G.J.A.
489 P.3d 631
| Wash. | 2021Background
- Five children affiliated with the Blackfeet Nation were found dependent in 2017 and removed from mother C.A.; the Department later filed termination petitions (Jan. 2019).
- DCYF social worker Jocelyn Seifert (based >2 hours away) had sporadic contact with C.A. from Jan–June 2019; C.A. repeatedly requested referrals and visitation but received little timely assistance.
- Referrals for family therapy, parenting assessment, and therapeutic visitation were prepared but submitted months late; first therapeutic visit occurred July 10, 2019 (after the period at issue).
- The Department provided mainly passive referrals (gift cards, lists, bus tickets) and did not actively assist C.A. in accessing detox, sober housing, phone access, or culturally appropriate services.
- The dependency court found the Department met the “active efforts” requirement for Jan–June 2019 and applied a futility rationale; the Washington Supreme Court reversed and remanded.
Issues
| Issue | Plaintiff's Argument (C.A.) | Defendant's Argument (Department) | Held |
|---|---|---|---|
| Whether DCYF provided the ICWA/WICWA “active efforts” Jan–June 2019 | DCYF failed: referrals were untimely/inadequate and engagement was passive; no culturally appropriate services | DCYF argued its overall file activity and communication log show active efforts; C.A. was sometimes unresponsive | Reversed: DCYF failed to provide thorough, timely, consistent, culturally appropriate active efforts in that period |
| Whether a parent’s poor engagement permits relieving DCYF of the active‑efforts duty (futility doctrine) | Futility inapplicable; DCYF must try before termination regardless of speculation about parent response | DCYF argued futility doctrine can excuse services when attempts would be pointless | Held: Futility doctrine does not apply in ICWA/WICWA cases; speculative relief from duties is impermissible |
| Court’s obligation to evaluate active efforts at interim hearings (WICWA) | Court must evaluate and document active efforts at every hearing where child is out of home | DCYF relied on prior/boilerplate findings and parties’ agreed orders | Held: Under WICWA the court must evaluate and document active efforts at each such hearing; boilerplate checkboxes are insufficient |
| Appropriate remedy when active efforts are lacking mid‑dependency and termination petitions are pending | Require DCYF to provide active efforts and give parent time to engage before termination proceeds | DCYF sought to proceed toward termination | Held: Remand; trial court must order DCYF to provide active efforts and delay termination until those efforts are provided (automatic return not ordered because removal itself was not challenged here) |
Key Cases Cited
- McGirt v. Oklahoma, 140 S. Ct. 2452 (U.S. 2020) (context on honoring federal promises to tribes)
- Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013) (Congress enacted ICWA to curb removal of Indian children)
- Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) (ICWA preserves tribal interests in child‑custody proceedings)
- In re Dependency of Z.J.G., 196 Wn.2d 152 (2020) (background on state historic over‑removal of Native children)
- In re Dependency of A.L.K., 196 Wn.2d 686 (2020) (standard of review and active‑efforts analysis)
- In re Parental Rights of D.J.S., 12 Wn. App. 2d 1 (2020) (court discussion and partial overruling regarding cultural‑services requirement)
- In re Welfare of A.L.C., 8 Wn. App. 2d 864 (2019) (untimely referrals can fail the active‑efforts standard)
- In re Adoption of T.A.W., 186 Wn.2d 828 (2016) (apply the statute that affords greater protection to Indian families)
- Hall, In re Welfare of, 99 Wn.2d 842 (1983) (futility doctrine in non‑ICWA dependency contexts)
- In re Morris, 491 Mich. 81 (2012) (remand/conditional reversal as an alternative to automatic invalidation)