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In re Dependency of C. C.3/1/1999
JUDGES Authored by Faye C. Kennedy Concurring: C. Kenneth Grosse Marlin J Appelwick
The developmentally disabled parents of C. C. (D.O.B. 11/23/95) appeal the trial court's order terminating their parent-child relationships. They contend that the State did not reasonably tailor its services to accommodate their needs as required by the Americans with Disabilities Act (ADA), 42 U.S.C.A. sec. 12132 (1989), and that the State failed to produce clear and convincing evidence that termination was justified under RCW 13.34.180. We conclude from the record that the State reasonably tailored its services to accommodate these developmentally disabled parents' special needs, but that the parents were unable or unwilling to use the services to improve their ability to parent. We also conclude that substantial evidence in the record supports the trial court's salient findings in light of the highly probable test that must be applied where facts are to be proved by clear, cogent, and convincing evidence. Accordingly, we affirm.
FACTS
C. C.'s biological parents, Karie C. (Mother) and David C. (Father), are developmentally disabled and are registered with the Division of Developmental Disabilities. C. C. was born prematurely and remained in the hospital for approximately 2 weeks. During that time, CPS Caseworker Evanne Gallagher investigated allegations that the parents were involved in domestic violence, spoke to C. C.'s pediatrician, Dr. Sarah Weinberg, and reviewed independent psychological evaluations of Mother and Father.
Dr. Weinberg opined that Mother and Father "expressed interest in the baby, but they were easily frustrated with things like dressing the baby, feeding the baby, things that would have to be routine to live with a baby." 2 Report of Proceedings at 60. She noted that Father "exhibit{ed} very poor personal hygiene{,}" id. at 69, and was "unkempt and unwashed." Id. at 61. Dr. Weinberg observed that "{Father} wanted to do a good job {with the baby}, but that he could not follow through with that when action was required." Id. at 56. Dr. Weinberg also noted that Mother had seizures with wild, inappropriate behavior during the nights that she stayed at the hospital. As a result, Dr. Weinberg expressed concerns about the safety of a young infant living alone with Mother and Father.
Dr. Paul Johnson, a clinical counseling psychologist who evaluated Mother and Father, stated that "neither of them indicated planfulness or good Judgement{.}" 3 Report of Proceedings at 14. The results of a test that Dr. Johnson administered to measure Mother and Father's abilities to consider how a child might feel in various situations "evidenced a lack of empathy for their child, lack of awareness, of how a child would feel." Id. at 22.
Dr. Johnson noted that Mother suffers from psychosis that is beyond medication management, and has seizures with violent episodes. He explained that Mother has an organically based personality disorder arising from irreversible brain damage: "{T}here is an actual structural brain change that is irreversible, . . . there is brain damage, and that's a frequent problem with the chronic seizure disorders. And this can have personality impact that's also somewhat, well, for the most part, irreversible." Id. at 32. In addition, Mother's personality tests evidenced "chronic, severe mental health problems{,}" id. at 70, indicating "a volatility, impulsivity, a potential for violence, anger{,}" id. at 13, that "would place a child in just extreme jeopardy." Id. at 16. Thus, Dr. Johnson recommended that Mother have no unsupervised contact with C. C.
Dr. Johnson gave Father an IQ test that revealed Father's intellectu
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