Dependency of K.R., In re
| Decision Date | 09 November 1995 |
| Docket Number | No. 62429-1,62429-1 |
| Court | Washington Supreme Court |
| Parties | In re the Dependency of K.R.; and R.J.; Minor Children under the age of eighteen. The DEPARTMENT OF SOCIAL AND HEALTH SERVICES; and Joni Irvin, guardian ad litem for K.R. and R.J., Petitioners, v. Steven JONES and Patsy Jones, Respondents. |
Ronald D. Heslop, Tacoma, WA, Ross Taylor, Tacoma, WA, for respondents.
A Pierce County Superior Court judge terminated Patsy Jones' parental rights to her daughters, K.R. (born March 12, 1983) and R.J. (born March 7, 1988), Steven Jones' parental rights to R.J., and Ralph Rogers' and John Doe's parental rights to K.R. The Court of Appeals
reversed the termination order and remanded for a new trial. The State and the children's guardian ad litem (GAL) petitioned for review. We reverse.
Because an important issue in this case is whether sufficient evidence supports the trial court's termination order, a greater than usual review of the facts is warranted. On October 27, 1989, K.R. and R.J. were taken from Patsy Jones and placed into protective custody based on K.R.'s statement to a school counselor, a Child Protective Services (CPS) social worker, and a police officer, that Patsy looks at her bottom and spreads the lips of her vagina open every day "looking for 'poison' " and that Patsy did the same to her sister, R.J. The initial investigation was prompted by the statement of Patsy Jones' roommate, Dawn Emberley, to the school that she overheard a conversation between Patsy and K.R. in their bedroom in which K.R. said Clerk's Papers (CP), at 25; CP (vol. I), at 22. According to Emberley, this conversation took place in Jones' bedroom and lasted for almost two hours.
After removal, at the Joneses' request the children were first placed with Emberley who kept them until December 1989 when they were placed with foster parents. During this time, the Department of Social and Health Services (DSHS) made efforts to get both Patsy and Steven Jones treatment and to find a family placement for the children. Patsy continued to deny that any abuse had occurred and Steven failed to get treatment. Patsy also objected to placing the children with her family, Steven, or his family.
On April 12, 1990, the State filed dependency petitions for K.R. and R.J., based upon K.R.'s statement that Patsy checked her vaginal area for "poisons", CP, at 22-25; CP On July 6, 1990, a dispositional hearing was held. Testifying were Dawn Emberley, Kathy McGatlin (the school counselor), Dr. Duralde, Michael Comte, K.R., Patsy Jones, and Dr. Phyllis Schmidt (a psychologist who evaluated Patsy and Steven Jones). K.R. testified that Patsy had checked her for poison and that she did not like it. She also stated that the checks continued after a rash in The court signed dispositional orders on September 21, 1990. With respect to Patsy Jones, the superior court found the children dependent and ordered that they remain in foster care because "a manifest danger" existed that the children would suffer abuse or neglect if left in the home and no parent or guardian was able to care for them. CP, at 46-49, 50-53. The court ordered a drug and alcohol evaluation with treatment as recommended, sex offender treatment with "an approved therapist", and an anger management program. CP, at 48, 52. The court signed an agreed dispositional order on that same day as to Steven Jones, ordering that he receive both a psychological and substance abuse evaluation and "follow through with any [resulting] treatment recommendations." CP, at 36-39.
(vol. I), at 19-21; K.R.'s statement that Patsy had also checked R.J.'s vaginal area but stopped because R.J. cried; K.R.'s statement that Patsy told her not to tell anyone that she looked for poisons; K.R.'s statement that the check hurts sometimes; K.R.'s relation of the same story to a police officer and that the children had been taken into protective custody on October 27, 1989; the conversation in the bedroom between Patsy and K.R. which Emberley overheard; K.R.'s examination by Dr. Yolanda Duralde revealing physical evidence consistent with sexual abuse and penetration; 1 Michael Comte's, MSW, examination of Patsy and conclusion that there was substance to the allegations and that Patsy constituted a risk "to the safety and well-being of her children", CP, at 25; CP (vol. I), at 22; Verbatim Report of Proceedings (VRP) (vol. II), at 327; Patsy's continuing denial of the allegations of sexual abuse and refusal to cooperate with treatment recommendations; allegations that reasonable efforts to prevent out-of-home placement were not viable "due to the emergent nature of the situation and risk to" each of the children, CP, at 25; CP (vol. I), at 22; and an allegation regarding R.J. that Steven Jones had indicated a willingness to care for R.J. but had not taken the steps necessary for this to occur. 2
her groin area had disappeared. 3 Further, she said that no one else had ever touched her in an objectionable manner
In its order of dependency filed on this same day, the court found that all of the allegations were true and dependency was ordered pursuant to RCW 13.34.030(2)(b) and (c). 4 Steven stipulated to his order. Rogers and Doe had earlier defaulted. None of the parties appealed these orders.
On September 25, 1991, the State petitioned to terminate parental rights. The parental rights of Rogers and Doe were terminated by default and trial on the remaining petitions was held in June 1992.
At trial, Patsy Jones denied having any sexually inappropriate contact with either K.R. or R.J. K.R. testified that the only individual to touch her in her private parts was Dawn Emberley's daughter, Monica, and that this touching occurred before K.R. and her family moved in with the Emberleys. She testified that she did not remember telling anyone that her mother had touched her private parts. K.R. did remember telling Crystal Lee, a neighbor child, about Monica's actions. Lee's affidavit corroborated this. Lee also said that K.R. had stated that Patsy had checked for poison but never said that Patsy touched her private parts. The court also heard testimony from Dawn Emberley similar to that presented at the dependency hearing regarding the conversation she heard between K.R. and Patsy Jones.
A host of other witnesses testified as to what K.R. had told them about Patsy touching her. VRP (vol. I), at 143-46 (); VRP (vol. I), at 145 (Barbara Bryant also discussed one instance where K.R. came to visit her and was "very, very angry", saying she was the "stupidest girl in the world" and that she had made up her mind not to tell the truth anymore. VRP (vol. III), at 582. K.R. also said that if anyone had told her "that by telling the truth, she never would get to see her mother again, she never would have told the truth to begin with." VRP (vol. III), at 582. Bryant also said that when K.R. came to visit after Patsy and Steven took her and R.J. to Disneyland, she recited that Patsy never touched her in a bad way, and that it had been Dawn and Dawn had threatened to kill her if she did not lie about it. When Bryant asked her which was the truth, K.R. said that Patsy touched her, but that she wanted to be with her mom and would not allow Patsy to touch her that way again.
Salinas, police officer taking children into custody, testifying K.R. said this happened everyday while she was asleep); VRP (vol. I), at 248 (); VRP (vol. III), at 577 ().
K.R.'s therapist stated that K.R. had made approximately six disclosures to him regarding the abuse but had also recanted the allegations regarding her mother three times, twice saying that Dawn told her to say those things. He went on to testify that recants are very common in child sexual abuse cases and are an effort of the child to make amends for that child's disloyalty to the family. In K.R.'s situation this was done so she would not lose her mom.
The foster mother testified that K.R. and R.J. have sexually acted out several times and have a lot of bad dreams. She said that K.R. rotated between saying that Patsy had touched her and saying that Patsy had not. When K.R. said that Patsy did, she would look the foster mother A number of individuals testified for the defense. Dr. Currah, who treated Patsy Jones for nine months, testified that she did not think Jones had abused K.R. and did not think she would be a risk to K.R. According to Dr. Currah, Jones was very open and progressed well in treatment. Jones told Dr. Currah that she had only touched her children to put medicine on them when they had rashes. Dr. Currah did not think Patsy was in such denial that it would be unethical to...
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