In re the Dependency of: I.W., 33786-3

Child I.W. was found dependent; father A.J. previously completed substance-abuse and anger-management treatment but later had positive drug tests in 2016.
Trial court ordered four hours of supervised weekly visitation at the Department of Social and Health Services (DSHS) visitation room. DSHS provided a single weekly four-hour session due to A.J.’s work schedule.
DSHS reported concerns: multiple positive drug tests, physically aggressive interactions by A.J. with his children during visits, poor parenting (missed visits, improper feeding/diaper care), and safety concerns for visitation staff.
A.J. sought clarification and relocation of visits; the court clarified and maintained supervised weekly visits at the DSHS facility. A.J. complained about room conditions but produced no new evidence of safety or suitability elsewhere.
A.J. claimed ineffective assistance of counsel for not contesting evidence at clarification/reconsideration hearings; new counsel raised only limited complaints. The trial court denied reconsideration; A.J. appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether limiting visitation to one supervised four-hour weekly visit at DSHS abused discretion	A.J.: restriction and location unfair; requested different site and more access	DSHS: evidence of current concrete risk from A.J.’s drug use, aggression, missed visits, and need to protect supervisors	No abuse of discretion; limitations supported by uncontested evidence of risk to child and staff
Whether trial counsel provided ineffective assistance regarding visitation	A.J.: counsel failed to contest evidence at clarification and relied only on written submissions at reconsideration	DSHS: A.J. had opportunity to present complaints; no additional evidence withheld; no prejudice shown	No ineffective assistance; A.J. suffered no prejudice and had a meaningful hearing

In re Dependency of Tyler L., 150 Wn. App. 800 (discusses abuse-of-discretion review and need for concrete risk to limit visitation)
In re Welfare of M.R.H., 145 Wn. App. 10 (addresses limitations on visitation where parent’s conduct creates safety concerns)
In re Dependency of Grove, 127 Wn.2d 221 (right to counsel in dependency proceedings)
State v. Kyllo, 166 Wn.2d 856 (ineffective-assistance claims may be raised first on appeal)
State v. Sutherby, 165 Wn.2d 870 (standard of review for ineffective-assistance claims)
Strickland v. Washington, 466 U.S. 668 (Sixth Amendment ineffective assistance standard)
In re Dependency of Moseley, 34 Wn. App. 179 (Moseley test — whether hearing remained meaningful despite counsel error)