Petition to Reinstate Parental Rights by nzy55037

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 6   SUPERIOR COURT OF WASHINGTON
     COUNTY OF
 7   JUVENILE DIVISION

 8       In re the Dependency of:

                                                           NO.
 9
         DOB:
                                                           REPORT FOR THRESHHOLD
10                                                         HEARING, AND REQUEST FOR AN
                                                           ORDER THAT A PRIMA FACIE CASE
11                                                         HAS BEEN ESTABLISHED RE:
                                                           REINSTATEMENT OF PARENTAL
12                                                         RIGHTS

13   To: Clerk of the Court

        Commissioner
14      DSHS
        Assistant Attorney General
        CASA
15      Mother,

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                                          RELIEF REQUESTED
                                                  1.
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               Q, by and through his attorney, requests that the Court enter findings that he has
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     established that that his mother has demonstrated her apparent fitness and interest in
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     reinstatement of parental rights, and that Q’s best interests may be served by reinstatement of
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     parental rights. Q requests that at the conclusion of the Threshold hearing, and upon making
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     the requisite findings, that the Court allow the petition to proceed to a hearing on the merits.
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      Report for Threshold Hearing


     Page 1
 1                                      FACTUAL SUMMARY
                                               2.
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              Petitioner, Q is 13 years old. Q was determined to be a dependent child on January
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     13, 1997 as to both parents. A dispositional order was entered on the same date as to both
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     parents. The department filed a motion to terminate the parents’ rights on January 9, 1998.
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     The mother’s rights were terminated by default on April 16, 1998. The father entered into a
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     voluntary relinquishment and open adoption agreement in 1998. At the time of entry of the
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     termination orders, Q and his younger brother, B were in foster care. Their placement history
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     reflects that the siblings were placed in several pre-adoptive placements, that did not work
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     out. Q and his brother were placed eventually in a home that resulted in a guardianship. B
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     remains in that placement. Q was removed from that home at the guardians’ request in the
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     summer of 2007. (The guardianship was vacated on October 24, 2007) Q was then placed in
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     a Group Home. Q ran from that placement on several occasions. He was also placed in a
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     Crisis Residential Center on a couple of occasions. At this time, Q is placed in a group home
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     in Tacoma and is enrolled in a new school.
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              On October 1, 2007, a placement hearing occurred because Q had been removed from
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     the guardians’ home. At that time, Q was appointed counsel. Q was also advised that his
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     mother, S had been sending letters to the Department for some time, in hopes of
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     reestablishing contact with Q.     The letters were given to Q after the disruption of the
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     guardianship. Since that time, Q has requested to be reunited with his birth family. He has
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     maintained regular phone contact with his mother, step-father and siblings since early
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     October, 2007. Q was advised of his right to file a petition to reinstate parental rights. Q
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     requested assistance in filing a petition to reestablish the parental rights of his mother, and is
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     requesting to be placed in the mother’s home in. A Family Group Conference occurred on
      Report for Threshold Hearing


     Page 2
 1   November 13, 2007. Q’s mother participated in the conference. The extended family

 2   members participated by telephone. ( A copy of the Family Group Conference Report is

 3   attached, Attachment A.)

 4            Q remains concerned about his relationship with his younger brother, B. B remains in

 5   the guardians’ home. The Court entered an order on October 1, 2007, that provided for

 6   sibling visitation. To date, Q has spoken with B on the telephone a few times, but has not

 7   had any in person visits.

 8             On October 19, 2007 Q, through counsel, filed a petition to reinstate his mother’s

 9   parental rights. The Threshold hearing is scheduled for November 20, 2007. At the time of

10   the hearing on November 20, 2007, Q will request that the Court find that the mother has met

11   the requirement of section (1) a-f of the reinstatement legislation, in ESHB 1624, specifically

12   that the youth had met his burden of proof that the mother had established her “apparent

13   fitness, has established her interest in reinstatement of parental rights and it appears that the

14   best interest of the child may be served by reinstatement of parental rights, pursuant to

15   Section 4.” .

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                                             ARGUMENT
17                                               3.

18            S has demonstrated her apparent fitness to parent Q. The family group conference

19   report supports her assertion that she has addressed any prior parental issues. Supporting

20   documents include a report from the Superior Court of the District of Columbia Social

21   Services Division from May, 2003. This report addressed the custody of S’s daughter Sh.

22   The report determined that “for all practical purposes, S appears to be a suitable

23   custodian…”This officer is inclined to believe that Sh’s overall welfare would best be served

      Report for Threshold Hearing


     Page 3
 1   if S maintains primary custody of her. “ (Attachment B) Sh remains in her mother’s care, and

 2   has maintained a safe and stable home     S has established a safe and suitable home for Q.

 3   She is re-married and is gainfully employed. S works for the school district.    She has

 4   passed a background check in order to be so employed. The school principal, has provided a

 5   letter of support, see Attachment C. S has been in regular contact with Q since early

 6   October. S had made efforts to contact Q prior to his removal from the guardians’ home, but

 7   was not allowed contact until Q’s placement disrupted. Q has been getting acquainted with

 8   family members over the telephone. He has a large extended family including aunts, uncles,

 9   cousins, grandparents, siblings, and his mother and step-father. S has demonstrated her

10   interest in reinstatement of parental rights. She has expressed her willingness to learn as

11   much as she can about what Q has experienced in the last ten years of his life in foster care.

12   Q has agreed that his mother may have access to his medical, mental health, education and

13   placement history. She is willing to access any services that Q may need. The mother

14   intends to enroll Q in a school so she can easily have contact with Q at school. S has

15   provided letters of support from Tracey T (attachment D) and from Reverend attachment E.

16   Q’s sister, Sh, has also provided a letter of support, attachment F.

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18                                           CONCLUSION
                                                 4.
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              Q requests the Court find that he has met his burden of proof at this time for the
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     Threshold hearing. Q further requests that this matter proceed to a hearing on the merits. It
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     is requested that the Department continue to pursue the interstate compact agreement with
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     the state of Maryland, in order that a formal home study of the mother’s home can be
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     completed prior to the hearing on the merits.
      Report for Threshold Hearing


     Page 4
 1            Respectfully submitted this   .

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 3                                          ____________________________
                                            Attorney for Youth
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      Report for Threshold Hearing


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