In Re The Dep Of Z.r., Tyreece Kingsly Dunbar v. Dshs, 75425-4

Background

Child Z.R. born 9/26/2013; mother tested positive for multiple controlled substances at birth; child placed in foster care with developmental delays and ongoing therapies.
Tyreece Dunbar (also known as Gardner) identified as biological father in Oct. 2014; dependency established as to him 8/31/2015 and court ordered services (UAs, substance abuse and psychological evaluations with parenting component, Project SafeCare, attend child’s appointments, maintain phone and stable housing, supervised visits).
Department sent Dunbar written referrals and contact information for services and fatherhood programs; Dunbar attended only two therapy appointments and otherwise did not engage or complete court-ordered services pre-incarceration.
Dunbar committed new crimes (shooting) on 9/26/2015, was jailed in October 2015, later pled guilty and faced a lengthy prison sentence; jail offered little to none of the ordered services and psychologist would not evaluate in jail.
Trial court found the Department offered necessary, reasonably available services, Dunbar’s unavailability resulted from his criminal conduct and incarceration, services would be futile given the likely long incarceration, and continued parent-child relationship would diminish child’s prospects; parental rights terminated 6/23/2016.

Issues

Issue	Plaintiff's Argument (Dunbar)	Defendant's Argument (State/Dept.)	Held
Whether Dept. provided all necessary, reasonably available services	Dept. failed to secure psychological evaluation and other services in jail; made only minimal efforts	Dept. made reasonable offers pre-incarceration; jail did not provide services and some services would be futile or inappropriate while incarcerated	Court: Substantial evidence Dept. offered necessary services; futility and Dunbar’s choices supported termination
Whether trial court properly considered incarcerated-parent factors (RCW 13.34.180(1)(f) / 13.34.145(5)(b))	Court did not adequately consider barriers (lack of jail services, visitation) and factors required by statute	Court considered the statutory factors, found Dunbar did not seek visits, did not communicate, and barriers largely resulted from his choices	Court: Findings show factors were considered; no error
Whether lack of jail services/visitation was a barrier excusing nonparticipation	Lack of jail services and failure to facilitate visits prevented compliance	Dunbar did not request visits or meaningfully communicate; jail limitations were caused by his incarceration for crimes he committed	Court: Barrier claim rejected; evidence showed Dunbar made no timely efforts and barriers resulted from his conduct
Whether there was little likelihood of reunification in near future	Dunbar claims amenability to treatment and potential to remedy deficiencies	Child’s special needs require close, prompt attention; Dunbar had not engaged in services and faced lengthy incarceration preventing near-term reunification	Court: Little likelihood of return in near future; termination in child’s best interest

Key Cases Cited

Santosky v. Kramer, 455 U.S. 745 (recognition of parental rights as fundamental liberty interest requiring heightened proof)
In re Dependency of D.L.B., 186 Wn.2d 103 (2016) (interpretation of statutory requirements for incarcerated parents)
In re Dependency of A.M.M., 182 Wn. App. 776 (2014) (trial court must be informed by RCW 13.34.145(5)(b) factors on incarcerated parent issue)
In re Dependency of K.D.S., 176 Wn.2d 644 (2013) (findings must be supported by substantial evidence)
In re Dependency of S.M.H., 128 Wn. App. 45 (2005) (Dept. not required to offer additional services when parent unwilling or unable to use offered services)
In re Dependency of T.R., 108 Wn. App. 149 (2001) (Dept. not required to offer futile services)
In re Dependency of R.S.G., 174 Wn. App. 410 (2013) (prejudice standard for erroneous admission of evidence)
State v. Benn, 161 Wn.2d 256 (2007) (prejudice standard referenced for evidentiary error)