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In re Dependency of C. C.

3/1/1999

rk's Papers at 141. Unchallenged findings of fact are verities on appeal, Cowiche Canyon Conservancy v. Bosley, 118 Wn.2d 801, 808, 828 P.2d 549 (1992). Thus, Mother and Father have effectively conceded that no services could be offered to improve Mother's seizure-related inappropriate behavior. As for Father's claim that the trial court considered the parents collectively rather than evaluating his parenting capabilities independently, the record belies the claim. Dr. Johnson provided extensive testimony regarding Father's capabilities and limitations, and concluded that despite the fact that Father was educable, his disabilities were such that he could not overcome them within a time reasonable in light of the needs of a growing child. Moreover, it was not inappropriate for the trial court to consider, in addition to its evaluations of each parent independently, Dr. Johnson's testimony that the parents intended to remain together and would be a "system that's going to be parenting" but that Father was not a suitable candidate to give Mother the constant supervision she would need in caring for the child, because of Father's own significant disabilities.


In sum, substantial evidence supports the trial court's findings in support of this statutory factor.


B. Little Likelihood that Conditions will be Remedied


RCW 13.34.180(5)(b) provides that the trial court may consider:


Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child in the near future{.}


In addition, the trial court may consider parents' past histories in weighing their current fitness. J. C., 130 Wn.2d at 428.


Here, the record establishes Mother and Father's history of domestic violence. In addition, Mother has an organic personality disorder involving irreversible brain damage, and suffers from psychosis. And although Father is educable, overcoming his problems cannot be accomplished within the time parameters of C. C.'s needs, given the extent and nature of his learning disadvantages as discussed by Dr. Johnson. Further, Dr. Johnson expressly stated that reunification with C. C. was not possible in the foreseeable future for either Mother or Father. Drs. Weinberg and Johnson opined that Mother and Father are incapable of providing proper care for C. C. CPS Caseworker Self observed no indication that Mother and Father intended to follow through with the services that were offered. The record also contains testimony from Dr. Johnson that Father could not follow through with parenting tasks and did not indicate good Judgement, and that Mother's personality was volatile and impulsive, with a potential for violence that caused people to fear her.


Further, Ohm, the home support specialist with 20 years of experience, reported that the parents simply could not learn consistent parenting skills in spite of her efforts. And Guardian Ad Litem Leonardson observed that Mother and Father were angry during a visit with C. C., and that Mother's comments and activities with C. C. were unusual. She opined that, notwithstanding the court-ordered services, Mother and Father were unable to provide a secure, stable, safe environment for C. C.


Thus, we conclude that substantial evidence supports the trial court's finding that there is little likelihood that conditions will be remedied so that C. C. can be returned to them in the near

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