In Re The Termination Of Parental Rights Of S.j.a.v. Montel Jackson v. Dshs
73899-2
| Wash. Ct. App. | Dec 12, 2016Background
- Child S.J.A.G.V. born Oct 14, 2013; mother Cynthia Vaughn; father Montel Jackson had history of assault, homelessness, and heroin use; child never lived with either parent and was made dependent by default in Dec 2013.
- Jackson visited hospital twice post-birth, met a DSHS social worker on Nov 27, 2013, and was served with the dependency petition; a pre-incarceration inpatient treatment screening was scheduled for Dec 13 but Jackson did not attend.
- Jackson was arrested and incarcerated mid-December 2013; the social worker did not know his whereabouts and did not search DOC records; DSHS could not contact him until Oct 2014 when the prosecutor informed them he was at Walla Walla.
- After locating Jackson, DSHS informed him of dependency status, advised services (parenting assessment, classes, chemical dependency evaluation), and tried to coordinate services and video visitation, but many programs were limited or unavailable in prison.
- DSHS petitioned to terminate Jackson’s parental rights in Jan 2015; the trial court found statutory termination factors satisfied and terminated parental rights; Jackson appealed raising five claims including insufficiency of evidence, inadequate notice of deficiencies, misapplication of the two-step test, appearance of unfairness, and denial of in-person visitation.
- The Court of Appeals affirmed, holding substantial evidence supported termination, Jackson had adequate notice from the record, the two-step test was properly applied (written findings found unfitness), appearance of fairness claim was waived, and visitation issue was moot after termination.
Issues
| Issue | Jackson's Argument | DSHS / State's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supported termination under RCW 13.34.180 | Termination not supported—DSHS failed to provide reasonably available services; conditions could be remedied in near future; court misweighed incarcerated-parent factors | DSHS showed it made reasonable efforts pre- and post-incarceration, services were limited by prison, and from child’s perspective remediation was not in the "near future" | Affirmed: substantial evidence supports termination (court defers to trial court credibility and findings) |
| Whether DSHS provided sufficient notice of parental deficiencies | Jackson lacked notice of findings (lack of stability, lack of parenting experience, refusal to follow orders) because they were not in termination petition | Notice may appear elsewhere in the record (dependency order, social worker letters, termination petition references); evidence and testimony also put Jackson on notice | Affirmed: overall record gave sufficient notice; CR 15(b) also deemed pleadings conformed to evidence |
| Whether trial court misapplied the two-step test (fitness then best interests) | Trial court conflated best-interest analysis with fitness (oral remarks) and thus failed to find unfitness before addressing best interests | Written findings explicitly found Jackson "currently unfit to parent," and written findings control over oral statements | Affirmed: no reversible error; written findings show proper two-step application |
| Whether the court violated appearance of fairness by hostile questioning | Questioning was hostile and created appearance of bias affecting fairness | No contemporaneous objection at trial; issue is waived on appeal under RAP 2.5(a) and not reviewed in discretion here | Not reviewed: claim waived; court declined discretionary review |
Key Cases Cited
- In re Welfare of A.B., 168 Wn.2d 908 (2010) (defining "near future" standard and two-step framework for termination)
- In re Parental Rights to K.M.M., 186 Wn.2d 466 (2016) (deference to trial court findings; termination despite limited services when remediation not foreseeable)
- In re Dependency of D.L.B., 188 Wn. App. 905 (2015) (treatment of near-future remediation and incarcerated parent considerations)
- In re Dependency of D.L.B., 186 Wn.2d 103 (2016) (appellate treatment of termination where parent incarcerated)
- Santosky v. Kramer, 455 U.S. 745 (1982) (parental rights are fundamental; due process protections required in termination proceedings)
- In re the Dependency of T.R., 108 Wn. App. 149 (2001) (child’s age shapes what qualifies as the "near future" for reunification)