Volume 62 — Washington Appellate Reports

<bold>[1] Juveniles — Parental Relationship — Termination — Interest</bold> <bold>of Parent — Duty of State.</bold> Although a biological parent has a fundamental liberty interest in the care, custody, and control of a child, the State has both a right and an obligation to intervene to protect the child when the parent's actions or inactions endanger the child's physical or emotional welfare. <bold>[2] Juveniles — Parental Relationship — Termination — Review —</bold> <bold>Sufficiency of Evidence.</bold> In a parental rights termination proceeding, the State has proved the factors set forth in RCW <cross_reference>13.34.180</cross_reference> by clear, cogent, and convincing evidence if the evidence is substantial enough for the reviewing court to conclude that the allegations are highly probable. The reviewing<page_number>Page 563</page_number> court may not decide the credibility of witnesses or weigh the evidence. <bold>[3] Juveniles — Parental Relationship — Termination —</bold> <bold>Integration Into Stable and Permanent Home — Adoption by</bold> <bold>Foster Parent.</bold> A failure to terminate a parent's rights in a dependent child living in stable foster care can diminish the child's prospects for early integration into a stable and <italic>permanent</italic> home (RCW <cross_reference>13.34.180</cross_reference>(6)) by preventing the foster parent from adopting the child. <bold>[4] Juveniles — Parental Relationship — Termination —</bold> <bold>Integration Into Stable and Permanent Home — Temporary</bold> <bold>Guardianship.</bold> Establishing a guardianship for a dependent child living in stable foster care can diminish the child's prospects for early integration into a stable and <italic>permanent</italic> home (RCW <cross_reference>13.34.180</cross_reference>(6)) by preventing the foster parent from adopting the child and allowing the parent at some later time to attempt to terminate the guardianship. <bold>[5] Juveniles — Parental Relationship — Termination — Best</bold> <bold>Interests of Child — Degree of Proof.</bold> When a trial court relies on its finding that a termination of parental rights would be in the child's best interests to support one of the findings required by RCW <cross_reference>13.34.180</cross_reference>, the requirement of RCW <cross_reference>13.34.190</cross_reference> that the termination be in the child's best interests must be proved by clear, cogent, and convincing evidence. <bold>[6] Juveniles — Parental Relationship — Termination — Best</bold> <bold>Interests of Child — Determination.</bold> In a parental rights termination proceeding, the factors involved in determining the "best interests" of the child under RCW <cross_reference>13.34.190</cross_reference> are not capable of specification; they depend on the facts and circumstances of each case. <bold>[7] Juveniles — Parental Relationship — Termination — Best</bold> <bold>Interests of Child — Attachments to Relatives.</bold> When determining the "best interests" of a child under RCW <cross_reference>13.34.190</cross_reference> in a parental rights termination proceeding, a court may consider the child's attachments to relatives with whom the child has been living. <bold>[8] Juveniles — Parental Relationship — Termination — Best</bold> <bold>Interests of Child — Statutory Provisions — Conflict —</bold> <bold>Resolution.</bold> Conflicting statutory requirements governing proceedings to terminate parental rights under RCW 13.34 should be resolved in any manner that will further the best interests of the child.<page_number>Page 564</page_number>

<bold>[1] Constitutional Law — Due Process — Elements.</bold> The essential requirements of procedural due process are notice and an opportunity for a hearing appropriate to the nature of the case. <bold>[2] Constitutional Law — Due Process — Scope — Factors.</bold> In determining whether a procedure satisfies due process requirements, a court must analyze: (1) the private interest at stake, (2) the risk that the procedure used will result in error and the probable value of additional or substitute procedural safeguards, and (3) the government's interest in the procedure used and the fiscal or administrative burden of additional or substitute procedural safeguards. <bold>[3] Juveniles — Parental Relationship — Termination — Interest</bold> <bold>of Parent.</bold> A natural parent has a fundamental liberty interest in the care and custody of a child. <bold>[4] Juveniles — Parental Relationship — Termination — Interest</bold> <bold>of Juvenile.</bold> A child has an interest protected by due process in preventing the erroneous termination of the parent-child relationship. <bold>[5] Juveniles — Parental Relationship — Termination — Absence of</bold> <bold>Parent.</bold> Even when a parent fails to respond to notices of a parental rights deprivation proceeding and has ended all contact with an attorney, due process requires that the State hold a hearing on the merits of the termination petition. At such a hearing, the State must follow the procedural requirements of, and establish the factual matters set forth in, RCW <cross_reference>13.34.180</cross_reference> and .190. <bold>[6] Judgment — Default Judgment — Appearance — By Attorney.</bold> For purposes of CR 55(a)(1), which permits a motion for default to be made based on a defendant's failure to appear, a defendant has "appeared" when the defendant's attorney makes a formal appearance in the case.<page_number>Page 609</page_number> <bold>[7] Juveniles — Parental Relationship — Termination — Findings</bold> <bold>of Fact — Sufficiency — Review.</bold> An appellate court will evaluate the entire record to determine whether the evidence supports the trial court's findings of fact entered in support of an order permanently terminating a parent's rights in a child. The findings must be sufficiently specific to permit meaningful review and must set forth the factual bases for the court's conclusions of law. <bold>[8] Juveniles — Parental Relationship — Termination — Review —</bold> <bold>Sufficiency of Evidence — Prior Dependency Proceeding.</bold> A termination of a parent's rights in a child cannot be based on evidence presented at a prior dependency proceeding.