Department of Social & Health Services v. Brooks
Department of Social & Health Services v. Brooks
Opinion of the Court
Appellant Brenda Brooks sought to be reunified with her dependent son, who now lives with relatives. At a permanency planning hearing, the court denied Brooks’ request to present the oral testimony of three expert witnesses who believed she was capable of parenting her son, and ordered that guardianship by the relatives would be the permanent plan. In view of the due process guarantees applicable in dependency proceedings, we conclude the court abused its discretion. We reverse and remand for a new hearing.
Brenda Brooks is the mother of three children subject to this dependency proceeding. The focus of this appeal is the youngest, Harold, born in 1993. The court entered an agreed order of dependency in December 1997. The concern was substance abuse by Brooks and her related inability to provide for the children’s physical and emotional needs. Brooks also has a developmental disability, literacy issues, and difficulty managing her finances.
The children lived with relatives for an extended period of time while Brooks completed drug treatment and received other services. By the end of 1999 they were living with Brooks again. She had a protective payee and she actively utilized other services provided by the Department.
The court placed the children with relatives again in March 2001, when Brooks reported a relapse into drug
Harold’s aunt and uncle moved from Seattle to Wichita, Kansas in June 2003. Brooks agreed to have Harold spend the summer in Wichita while maintaining her position that Harold should eventually be returned to her care. The court entered an agreed order permitting Harold to go to Wichita with his aunt and uncle for summer vacation. Harold was to return to Washington on August 8, 2003.
While Harold was in Kansas, the matter came before the court for a permanency planning hearing.
Brooks submitted a written request asking the court to plan instead to return Harold to her home.
The three witnesses, together, will be able to present to the Court and all other parties, a more developed, thoughtful analysis of the mother’s parental deficiencies, ways in which she has remedied these deficiencies and the impact it has had on her parenting abilities. This information is valuable and has not been presented to the Court adequately through reports by the Department nor has it been provided to the parties through discovery.[7 ]
The Department opposed Brooks’ request for oral testimony on the basis that she had failed to demonstrate, as required by the local rule, that “extraordinary features” of the case warranted the presentation of oral testimony. LJuCR 3.9(c)(5)(D). The court agreed, and concluded the evidence Brooks wished to present could be adequately provided by affidavit or declarations. The court denied Brooks’ motion for oral testimony in an order dated July 18.
Brooks renewed her request for oral testimony at the July 25 hearing.
At the August permanency planning hearing, the Department expressed concern that Brooks would not be able to meet Harold’s needs as sole caregiver without a network of supporters, and was too dependent on her case manager from the Department of Developmental Disabilities. The Department also expressed concern over Brooks’ continued involvement with Harold’s father. Harold’s father has a history of drug addiction, and has not participated in the treatment services offered by the Department. The Department also suspected him of abusive behavior towards Brooks.
Counsel for Harold reported that he had recently spoken with the boy, and that Harold said he wanted to stay with his aunt and uncle in Wichita. Harold also reportedly said he wanted to maintain contact with his mother through visits and telephone calls, but he did not want to go back and live with her until she “straightened things out.”
After hearing argument, the court signed an order ratifying the Department’s proposed primary plan of dependency guardianship for Harold, with long-term relative care as an alternative. “There is sufficient evidence here for me to be concerned as to whether or not this mother can actually parent this child without significant assistance.”
Brooks appealed to this court. While the matter was pending, the Department filed a dependency guardianship petition.
The Department contends that Brooks’ appearance through counsel was adequate under the statute, citing In re Dependency of J.W., 90 Wn. App. 417, 953 P.2d 104 (1998). In that case, we considered whether the trial court violated an incarcerated father’s due process rights by entering an order terminating his parental rights without assuring his presence at the hearing. At the time, the father was serving a 75-year sentence for rape and other serious offenses. He had no relationship with his young daughter. We held that the father’s appearance through his attorney was adequate because the issues at the hearing were purely legal and there were no facts in dispute. Dependency of J.W., 90 Wn. App. at 428. Here, there is a factual dispute as to whether Brooks will be able to adequately provide care for Harold.
The local King County rule that the Department relies on provides that the court will hear oral testimony only after the party wishing to present it files a properly supported motion and obtains approval from the court. Under the rule, the moving party must demonstrate the “extraordinary features” of the case. LJuCR 3.9(c)(5)(D). Brooks contends the court’s application of the local rule diminished the right to due process granted to her by RCW 13.34.090.
In a companion case heard and decided along with this case, the trial court refused to hear live testimony offered to impeach the credibility of the caseworker who was recommending against placement of children with their father. We held this was an abuse of discretion and that the local rule, notwithstanding its important practical function, cannot be given effect unless it is harmonized with RCW 13.34.090(1). In re Dependency of R.L., 123 Wn. App. 215, 222, 98 P.3d 75 (2004).
We conclude that the trial court abused its discretion by denying Brooks the opportunity to present oral testimony. Brooks is entitled to a new hearing where she can support her position in the permanency planning process through the testimony of her witnesses.
The permanency planning order of August 15, 2003 is vacated, the stay is lifted, and the matter is remanded for a new permanency planning hearing at which Brooks is allowed to call her witnesses. The new permanency plan
Vacated and remanded.
Baker and Agid, JJ., concur.
Clerk’s Papers at 78.
Clerk’s Papers at 82.
Clerk’s Papers at 116.
The permanency planning hearing was originally scheduled for June 16,2003, but was continued until July 25. Clerk’s Papers at 140.
Clerk’s Papers at 67.
Clerk’s Papers at 374.
Clerk’s Papers at 366-67, Mot. for oral Test.
Clerk’s Papers at 142.
Verbatim Report of Proceedings (July 25, 2003) at 5.
“Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact-finder.” RCW 13.34.090(1).
Verbatim Report of Proceedings (July 25, 2003) at 14. See also Clerk’s Papers at 144 (Order of July 25,2003, denying motion for oral testimony pursuant to local rule because “there is no significant reason presented”).
Verbatim Report of Proceedings (Aug. 15, 2003) at 8; Clerk’s Papers at 434.
Verbatim Report of Proceedings (Aug. 15, 2003) at 25.
Clerk’s Papers at 437.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.