In re Parental Rights to D.H.


FILE THIS OPINION WAS FILED FOR RECORD AT 8 A.M. ON IN CLERK’S OFFICE JUNE 4, 2020 SUPREME COURT, STATE OF WASHINGTON JUNE 4, 2020 SUSAN L. CARLSON SUPREME COURT CLERK IN THE SUPREME COURT OF THE STATE OF WASHINGTON In the Matter of the Parental Rights ) to D.H., S.T., L.L, and T.L., ) No. 97311-3 ) Minor Children. ) ) B.B., ) En Banc ) Petitioner, ) ) v. ) ) STATE OF WASHINGTON, ) DEPARTMENT OF SOCIAL AND ) HEALTH SERVICES, ) ) Respondent. ) ) Filed June 4, 2020 JOHNSON, J.— This case concerns whether the Department of Social and Health Services 1 (Department) fulfilled its statutory obligation under RCW 1 Subsequent to the filing of this case, on July 1, 2018, the powers, duties, and functions of the Children’s Administration within that department were transferred to the newly formed Department of Children, Youth, and Families. RCW 43.216.906. For the purposes of this case, DSHS will be referred to as the Department. No. 97311-3 13.34.180(1)(d) to provide a mother necessary services before terminating her parental rights. B.B., the mother of D.H., S.T., L.L., and T.L., had her parental rights terminated after a nearly three-year long dependency. B.B. contends that the Department failed to provide her timely dialectical behavior therapy (DBT) and neuropsychological services and that the parenting education services she received were not properly tailored to her mental health needs. A Court of Appeals commissioner affirmed the termination, finding that the Department provided and properly tailored all necessary services to B.B. We affirm the termination of B.B.’s parental rights. Substantial evidence supports the trial court’s finding that all necessary and ordered services were offered or provided. FACTS B.B. is the mother of four young children: D.H., S.T., T.L., and L.L., who are now between the ages of 4 and 11 years old. The Department first became involved with the family in 2009. Before filing for dependency, the Department had received 11 referrals regarding neglect, lack of hygiene, unsanitary living conditions, drug use, and domestic violence. There were serious concerns about the physical condition of the home. On numerous visits, the home was laden with garbage, animal feces, and decay; visitors reported palpable stenches when they approached the home. The children were often soiled and unkempt; on multiple occasions, they were observed as 2 No. 97311-3 underdressed during cold weather. The Department also identified safety concerns. The physical environment posed health and safety risks, and abuse was also prevalent in the home. Joseph Lewis, the father of T.L. and L.L., regularly perpetrated abuse toward B.B. She had obtained a no-contact order against him, but a Department investigation revealed that Lewis had remained in the home and fathered L.L. The parents were also unable to adequately address the children’s health and well-being. The older children’s school officials voiced concern about the lack of regular attendance, which persisted. Additionally, the children experienced various health issues and did not receive prompt medical care. The children also exhibited behavioral issues that ...

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