439 P.3d 694
Wash. Ct. App.2019Background
- A.L.C., born 2013, is an Indian child (Samish Indian Nation). Parents: J.C. (father) and S.K. (mother).
- Child removed from mother’s unsafe garage residence (drugs, needles, filth) in Feb 2017; child placed in licensed foster care and dependency petition filed.
- May 2017 dispositional order required services for J.C.: domestic-violence (DV) assessment and DV parenting class, parenting assessment, parenting classes, mental-health intake, and housing assistance noted as needed.
- By August 21 dependency review, the Department had provided a DV assessment referral (completed), belated DV parenting-class referral (too late to join current session), located a parenting-assessment provider but had not secured or timely provided most ordered services, and made no documented housing-assistance efforts. J.C. had regular visitation and some self-sought services.
- Juvenile court found the Department made "active efforts" under ICWA/WICWA; father sought discretionary appellate review. The Court of Appeals reversed, holding active efforts were not met and remanding with statutory remedy instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Department satisfied ICWA/WICWA "active efforts" requirement | Dept failed to make active efforts — only minimal/untimely referrals; no housing assistance | Active efforts need not be perfect; delays/minor defects do not defeat finding | Reversed: Department did not make active efforts under ICWA/WICWA (conclusion of law reviewed de novo) |
| Proper standard of review for active-efforts determination | (J.C.) Review de novo | (Dept) Review for substantial evidence | Court held active-efforts is a conclusion of law (requires statutory interpretation) and reviewed de novo |
| Whether juvenile court’s form/recording of active-efforts finding complied with ICWA documentation rules | (J.C.) Finding lacked detailed on-the-record documentation and statutory language | Dept argued social-worker testimony and report sufficiently documented efforts | Court held record contained documentation (social worker statement and report) and specific statutory phrasing in the court’s order not required |
| Appropriate remedy for failure to make active efforts | (J.C.) Retain jurisdiction and ensure compliance | (Dept) Not argued for a different remedy in opinion | Court: statutory remedy applies — remand for juvenile court to either return child immediately or make the statutorily required finding that return would create substantial and immediate danger |
Key Cases Cited
- In re Dependency of C.M., 118 Wn. App. 643 (discusses review of dependency findings)
- In re Dependency of E.L.F., 117 Wn. App. 241 (defines substantial evidence standard)
- In re Dependency of P.D., 58 Wn. App. 18 (unchallenged findings are verities on appeal)
- Robel v. Roundup Corp., 148 Wn.2d 35 (review of conclusions of law de novo)
- Willener v. Sweeting, 107 Wn.2d 388 (labels of findings vs conclusions do not control review)
- Goodeill v. Madison Real Estate, 191 Wn. App. 88 (distinguishing findings of fact from conclusions of law)
- Moulden & Sons, Inc. v. Osaka Landscaping & Nursery, Inc., 21 Wn. App. 194 (test for findings vs conclusions)
- In re Adoption of T.A.W., 186 Wn.2d 828 (applying ICWA and WICWA coextensively)
- State v. Stone, 165 Wn. App. 796 (reviewing statutory compliance de novo)
- State v. Johnson, 96 Wn. App. 813 (reviewing statutory compliance de novo)