In re Dependency of L.A.H.
| Decision Date | 10 May 2021 |
| Docket Number | 81456-7-I |
| Court | Washington Court of Appeals |
| Parties | In the Matter of the Dependency of: L.A.H., DOB 01/26/2018, Minor Child v. KAUTIA HOPKINS, Appellant. WASHINGTON STATE DEPARTMENT OF CHILDREN, YOUTH & FAMILIES, Respondent, |
UNPUBLISHED OPINION
Kautia Hopkins appeals from an order terminating her parental rights to her biological child, L.A.H. Hopkins contends that RCW 13.34.180 and .190, which authorize the termination of the parent-child relationship, are unconstitutional as applied to her. This is so, she avers, because these statutes did not require the Department of Children, Youth, and Families to establish that continuation of the dependency resulted in a "concrete risk of harm" to L.A.H. Additionally Hopkins asserts that substantial evidence does not support the trial court's findings that (1) continuation of the parent-child relationship clearly diminished L.A.H.'s prospects for early integration into a stable and permanent home, and (2) termination of the parent-child relationship was in the best interests of L.A.H. Finding no error, we affirm.
Kautia Hopkins and Jonathan Sievert are the biological parents of L.A.H.[1]Hopkins and Sievert met in 2013. After meeting Sievert, Hopkins started to use methamphetamine. Around that same time, Hopkins' mother, Linda Schneider also started to use methamphetamine. On occasion, Hopkins and Schneider used methamphetamine together.
In June 2014, Hopkins and Sievert's first child, D.H., was born. Hopkins testified that she remained "clean" for "that whole summer." However, after that summer ended, Hopkins began using methamphetamine on a daily basis.
In 2015, Hopkins realized that she was pregnant with a second child, M.H. Although Hopkins attempted to quit using methamphetamine, she was unable to do so. In June 2015, M.H was born exposed to methamphetamine. During the dependencies of D.H. and M.H., Hopkins and Sievert did not engage in any services and their parental rights to the children were terminated by default.
In 2016, Hopkins learned that she was pregnant with a third child, J.H. Again, Hopkins attempted to "get clean." She also separated from Sievert. In June 2016 J.H. was born. At that time, Hopkins was homeless and living out of her car. J.H. was removed from Hopkins' care because blood tests revealed "drug use" during the pregnancy. Hopkins agreed to a dependency with regard to J.H.
In August 2016, Hopkins entered a family drug treatment court program. That same month, she participated in a 28-day inpatient treatment program. After completing the inpatient program, Hopkins entered into an outpatient treatment program.
In October 2016, Hopkins was provided an apartment through a shelter program. During Hopkins' involvement in the shelter program, Sievert occasionally stayed at her apartment. Around December 2016, Hopkins and Sievert had a disagreement. Hopkins testified that Sievert "wasn't doing what he was supposed to . . . i.e., treatment, engage in services, anything." Additionally, Sievert was "spending time" with other women, and he would occasionally bring women back to the apartment. During the disagreement, Sievert became angry with Hopkins. He damaged Christmas decorations in the apartment and urinated on Hopkins' clothing.
Law enforcement responded to the incident and arrested Sievert. At that time, Sievert had an outstanding warrant related to a domestic violence incident involving Schneider. Sievert was placed in jail for approximately one month.
While Sievert was in jail, Hopkins maintained compliance with the requirements of the family drug treatment court program. However, upon Sievert's release from jail, Hopkins resumed her relationship with Sievert and "faltered on compliance" with the program. In March 2017, Hopkins was "terminated" from the family drug treatment court program.
In October 2017, Hopkins completed the outpatient treatment program she had entered in late 2016. Upon completing the outpatient program, Hopkins claimed to have maintained her sobriety since August 2016.
On November 2, 2017, the Department of Children, Youth, and Families convened a "shared planning meeting" with regard to J.H. Sievert did not participate in the meeting because he was in jail. At the meeting, Hopkins announced that she was pregnant with L.A.H. and that Sievert was the father. Hopkins expressed that "she had learned a lot about domestic violence" and that she "had no plans to reunify with Mr. Sievert after his release from jail." When asked about her relationship with Schneider Hopkins stated that she had regular contact with Schneider via telephone. Yet Hopkins denied that Schneider was residing in her apartment.
Sometime after the meeting, Department employees and a court appointed special advocate learned that, upon Sievert's release from jail, Sievert, Hopkins, and Schneider rented a hotel room for one week in order to "spend time together." Drug use occurred in the hotel room.[2]
On November 17, 2017, the Department convened an "emergent shared planning meeting." At this meeting, Hopkins admitted that Schneider was, in fact, residing in her apartment. Hopkins also reported that Schneider was using "controlled substances" in the apartment. Additionally, Hopkins stated that she had ongoing contact with Sievert while he was in jail. In particular, she and Sievert had daily telephone contact and Hopkins visited Sievert on weekends. Hopkins agreed to participate in a "hair follicle test." The results of the test were positive for the use of methamphetamine.
On January 26, 2018, L.A.H. was born. Three days later, on January 29, the Department filed a dependency petition in the Snohomish County Superior Court. That same day, L.A.H. was removed from the custody of his parents "due to suspected substance abuse, mental health issues, and domestic violence between the parents." L.A.H. was placed with a family who previously adopted two of his older siblings, D.H. and M.H.[3]
On January 31, 2018, the superior court conducted a shelter care hearing. Following the hearing, the superior court ordered that L.A.H. was to remain in out-of-home care. In a disposition order entered on February 27, 2018, Hopkins agreed to a dependency with regard to L.A.H. The disposition order also required Hopkins to participate in several services, obtain a drug and alcohol evaluation, and participate in random drug tests.
Hopkins completed a drug and alcohol evaluation through Evergreen Recovery Center. Evergreen Recovery Center recommended that Hopkins complete a six-month residential inpatient treatment program. However, Hopkins requested to instead be placed in an outpatient treatment program. On May 23, 2018, Hopkins was admitted into an outpatient program. Hopkins missed several group sessions in the program and struggled to maintain abstinence.
In June 2018, Evergreen Recovery Center reassessed Hopkins and determined that she required a higher level of care. Evergreen Recovery Center again recommended that Hopkins engage in a six-month residential treatment program. Hopkins received a "bed date" for the program, but refused to go. Instead, Hopkins participated in a 30-day outpatient program. In July 2018, Hopkins was discharged from the outpatient program with a recommendation that she receive inpatient treatment. In September 2018, Hopkins relapsed.
On November 28, 2018, the Department filed a termination petition in the Snohomish County Superior Court. The petition alleged, among other things, that Hopkins' "parenting deficiencies include mental health issues, substance abuse issues, . . . [and] ongoing involvement with unsafe, using individuals." In January 2019, Hopkins began another outpatient treatment program. The following month, however, Hopkins relapsed again.
In September 2019, Hopkins participated in a psychological evaluation with a clinical psychologist, Dr. Sierra Swing. Dr. Swing opined that Hopkins abused methamphetamine. Dr. Swing recommended that Hopkins participate in a 6-to-12 month inpatient treatment program to address substance abuse and mental health difficulties. Additionally, Dr. Swing recommended that Hopkins participate in several support groups, change her living environment, and engage in therapy to address her trauma.
Following Dr. Swing's evaluation, Hopkins did not engage in any treatment. Hopkins also missed two scheduled appointments to obtain a drug and alcohol assessment. Moreover, on several occasions, Hopkins failed to participate in drug tests that the Department had requested.
On January 22, 2020, the Snohomish County Superior Court conducted a fact-finding hearing.[4] The trial court heard two days of testimony in January and resumed the hearing for an additional two days in March. During the first day of the hearings, Hopkins testified that she had been "clean and sober" since August 2019. The following day, however, Hopkins participated in a drug test and tested positive for the use of methamphetamine.
On April 14, 2020, the trial court entered an order terminating Hopkins' parental rights to L.A.H. The termination order contained 268 findings of fact. The trial court found that "[i]f [Hopkins] did all of her services, starting now it would be a minimum of 12 to 18 months before [she] could safely engage in reunification." Finding of Fact 2.183. The trial court also found that L.A.H. "is in a stable home, which is willing to be permanent and adopt." Finding of Fact 2.259. Notably, the trial court found that "[c]ontinuation of the parent-child relationship clearly diminishes [L.A.H.]'s prospect for early integration into a stable and permanent home." Finding of Fact 2.263.[5] Additionally, the trial court found that "[i]t is in the best interest of [L.A.H.] that...
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