IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE In the Matter of the Dependency of ) No. 79997-5-I R.C.A., date of birth 09/06/17, ) consolidated with ) No. 79998-3-I Minor Child. ) STATE OF WASHINGTON, ) DEPARTMENT OF CHILDREN, ) YOUTH, AND FAMILIES, ) Respondent, ) ) v. ) UNPUBLISHED OPINION SIERRA LEE COTTER, ) ) FILED: February 3, 2020 Appellant. __________________________________________________________________________________) VERELLEN, J. — Sierra Cotter, the mother of R.A., appeals from orders denying her petition for a permanent guardianship and terminating her parental rights. We conclude the trial court properly balanced the appropriate factors in terminating the mother’s parental rights rather than granting a permanent guardianship.1 Substantial evidence supports the court’s findings of fact, and It is important to keep in mind the distinction between a “dependency guardianship” for a dependent child under ch. 13.34 RCW and a permanent guardianship under ch. 13.36 RCW. In a dependency guardianship, a guardian is appointed “for the limited purpose of assisting the court to supervise the dependency,” RCW 13.34.232, while a permanent guardianship under RCW 13.36.010 provides a final resolution of a dependency for a child “who cannot safely be reunited with his or her parents.” This appeal addresses the mother’s petition for a permanent guardianship as an alternative to termination of the parent-child relationship. No. 79997-5-1/2 those findings support the court’s conclusions, including the determination that termination is in the best interests of the child. We affirm. FACTS On September 6, 2017, R.A. was born and tested positive for methadone, opiates, and amphetamines. The mother has a history of substance abuse and other concerns. The hospital placed an administrative hold on R.A. on September 9, 2017, and he has never been in the custody of the mother. The Department of Children, Youth, and Families (Department) filed a dependency petition on September 12, 2017. The mother agreed to shelter care. R.A.’s maternal grandmother, Lisa Cotter, is a United States citizen who moved to Canada. As soon as the grandmother was contacted by the mother shortly after R.A’s birth, she traveled to Washington and began caring for R.A. The grandmother lives locally in the house of her friend, Ms. Ryden. The grandmother has taken care of R.A. “his entire life.”2 The grandmother “is basically the child’s parent” and is willing to adopt R.A.3 She “is willing to stay in Washington as long as she needs to finalize the adoption, including remaining in the United States permanently.”4 The mother filed a chapter 13.36 RCW permanent guardianship petition in December of 2018, proposing her father, Tor Cotter, and his wife, Linda Lira, as 2 Clerk’s Papers (CP) at 16. ~ CP at 17. ~ CP at 17. 2 No. 79997-5-1/3 guardians. Cotter and his wife live in Washington and completed a home study. The court found they are “suitable and qualified” guardians.5 During the dependency, R.A. had regular weekly visits with the proposed guardians and extended family members living in Washington, including alternating weekend contact with his maternal uncle and ...
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