41099-4•In the Matter of the Guardianship of: K.P.
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE In the Matter of the Guardianship of K.P.† ) ) ) ) ) ) ) No. 41099-4-III UNPUBLISHED OPINION COONEY , J. — Minor child K.P. was found dependent in 2020. In April 2024, the Department of Children, Youth, and Families (Department) petitioned the court for an order establishing a guardianship for K.P. K.P.’s father, J.P., opposed the petition. Following a trial, the court granted the Department’s petition and appointed K.P.’s aunt and uncle as her guardians. J.P. appeals, arguing the Department failed to prove: (1) it had provided or offered all services reasonably available and capable of correcting J.P.’s parental deficiencies, (2) that there is little likelihood that K.P. could be returned to J.P.’s care in the near future, and (3) that the guardianship was in K.P.’s best interests. We disagree with each argument and affirm. † To protect the privacy interests of K.P., we use their initials throughout this opinion. Gen. Order for Court of Appeals, In re Changes to Case Title (Wash. Ct. App. Aug. 22, 2018) (effective Sept. 1, 2018) http://www.courts.wa.gov/appellate_trial_courts. FILED JANUARY 27, 2026 In the Office of the Clerk of Court WA State Court of Appeals, Division III
No. 41099-4-III In re the Guardianship of K.P. 2 BACKGROUND Mother 1 and J.P. are the parents of K.P. K.P. first entered care through the Department in 2016 when she was an infant. At the time, she was placed in the care of her maternal uncle and aunt for approximately one year. In 2019, J.P. again sought assistance from the Department under a voluntary placement agreement because he and Mother were unable to provide a healthy environment for K.P. J.P. recommended the Department temporarily place K.P. with her maternal aunt and uncle so he could obtain safe housing and complete the services he agreed to during an earlier Family Team Decision Making Meeting. The Department petitioned for an order of dependency during the pendency of the voluntary placement agreement. The dependency petition was agreed to by Mother and opposed to by J.P. A dependency was ordered in 2020, and orders of disposition were entered as to both parents. The initial parental deficiencies identified for J.P. were mental health issues, domestic violence, instability, and parenting deficits. The court ordered J.P. to complete an evidence-based parenting program along with mental health counseling, demonstrate the ability to meet K.P.’s physical and psychological needs, maintain a clean and safe 1 K.P. and her mother share the same initials. We refer to K.P.’s mother as “Mother” to prevent confusion.
No. 41099-4-III In re the Guardianship of K.P. 3 home environment, and attend all scheduled visits with K.P. Toward the end of 2022, J.P.’s parental deficiencies were reduced to mental health issues and parenting deficits. The court held several dependency review and permanency planning hearings between 2020 and 2024. J.P.’s level of compliance with services was reported as ranging from noncompliant, partially compliant, and fully compliant. On April 4, 2024, the Department petitioned for an order establishing a guardianship for K.P. The guardianship was agreed to by Mother and opposed to by J.P. The petition proceeded to trial on January 7, 2025. At trial, J.P. testified that he was homeless when he entered the voluntary placement agreement and had resided at the House of Charity for eight months before moving to Idaho and then to the Tri-Cities. J.P. stated he returned to Spokane and resided at the House of Charity for two and one-half years while the dependency was pending. J.P. testified that he attended sessions with John O’Neill, a mental health provider referred by the Department, and had “got [himself] into” a “PEP program” for employment training during his time at the House of Charity. Rep. of Proc. (RP) at 394. J.P. stated he secured employment through the “PEP program” and permanent housing through the “HARPS program.” RP at 394, 397. J.P. testified that employment and permanent housing “really changed where [he is] mentally, stability-wise even.” RP at 401. J.P. asserted that he had engaged in regular weekly visits and family therapy with K.P., though K.P. stopped visits at times.
No. 41099-4-III In re the Guardianship of K.P. 4 Melissa Mace, DSW, of Discovery Counseling Group (Discovery), testified to providing individual counseling services to J.P. and family counseling for J.P. and K.P. J.P. completed a parenting assessment at Discovery in January 2020 and engaged in individual counseling from March 2020 through February 2021. Dr. Mace identified J.P.’s barriers to progress as “communication, the pandemic, isolation, [and] quality time with one another.” RP at 74. Dr. Mace diagnosed J.P. with “dysthymia, which is a persistent depressive disorder” that presented as “self-doubt and lack of motivation.” RP at 75. The services provided by Discovery ended due to J.P.’s lack of attendance. Renee Brecht provided family counseling to J.P. and K.P. between the fall of 2020 to early 2021, between the fall of 2021 to 2022, and between the beginning of 2024 to the time of the trial. The first period of services ended because Ms. Brecht “had four weeks of no contact from [J.P.].” RP at 91. The second period of services ended in March 2022 because “[J.P.] obtained employment and was unable to make the appointment times.” RP at 92. The third period of services was dedicated to “rebuilding [the] relationship and looking at increasing trust” because “[t]here had been a period of time with no contact between [J.P.] and [K.P.].” RP at 93. Ms. Brecht testified that K.P. had “refused visits in the community recently” and “talked to [Ms. Brecht] about it privately, but [K.P. is] not willing to discuss it with [J.P.]” because K.P. “doesn’t want to upset [J.P.].” RP at 94-95. Ms. Brecht testified to a time where K.P. spent the night at a hotel with J.P., but “[b]y [K.P.’s] recollection, it
No. 41099-4-III In re the Guardianship of K.P. 5 didn’t go well.” RP at 96. K.P. had “identified that there were other people there that weren’t supposed to be there.” RP at 104. Ms. Brecht stated that J.P. consistently attended family sessions, but “he often arrived very late for the appointments sometimes” due to work and the bus schedule. RP at 101. Ms. Brecht explained that K.P. has told J.P. that she does not want to live with him and that “[s]he said she feels safe where she lives now.” RP at 100. Ms. Brecht testified that K.P. expressed a fear of J.P. in 2020 that has “remained pretty steady.” RP at 102. Ms. Brecht testified that K.P.’s anxiety manifests itself through stomachaches and that K.P. refuses visits with J.P. when her anxiety peaks. Ms. Brecht claimed K.P. wanted the visits with J.P. to remain supervised. Further, Ms. Brecht stated that K.P.’s anxiety “led to a stronger expression of anger and frustration as time has gone on” when J.P. is late or misses an appointment. RP at 108. According to Ms. Brecht, J.P.’s barriers to progress were his “late attendance, inconsistencies in contact, [and] sometimes failing to show at visitation agency even though visits were confirmed.” RP at 105. Ms. Brecht believed it was in K.P.’s best interest to remain with her current placement and was supportive of the guardianship, provided K.P. maintains contact with J.P. Julie Rudmann testified about Incredible Years, an evidence-based parenting program that J.P. completed in August 2020. Ms. Rudmann testified that J.P. “made progress with understanding [K.P.’s] needs during visitation, how to meet her needs, additional supports that they might need for the family such as continuing family therapy,
No. 41099-4-III In re the Guardianship of K.P. 6 [and] support for himself.” RP at 124. Ms. Rudmann averred that J.P. had “increased his insight into how something like a placement change might affect [K.P.]” by the time she closed his case. RP at 130. Mental health counselor Kelly Murphy testified that she provided individual counseling to J.P. from November 2021 through March 2022. She stated that J.P. regularly attended his appointments and, although some appointments were missed or cancelled, “[g]enerally they were all attended and [J.P.] was prepared and on time for sessions.” RP at 141. Ms. Murphy testified that transportation and the challenge of “being able to have a work schedule with the visitation schedule and kind of keeping those both on the same—you know, in working order” were a couple of barriers J.P. faced. RP at 145. She confirmed that J.P. was “working late hours” and “then coming right to session first thing in the morning” then going to visits afterward. RP at 145. Ms. Murphy clarified J.P.’s treatment ended “because of logistics of work and schedules.” RP at 146. John O’Neill testified that J.P. was referred to him by the Department for mental health services in February 2023 and, again, in October 2023. Mr. O’Neill stated that J.P. was diagnosed with major depressive disorder and generalized anxiety disorder. Mr. O’Neill stated that J.P. initially faced barriers such as homelessness, poverty, living in an unsafe environment, and transportation. Mr. O’Neill stated these barriers were reduced once J.P. gained full-time employment and stable housing. Mr. O’Neill said there were
No. 41099-4-III In re the Guardianship of K.P. 7 issues “historically” with visitations with K.P., and visits became more regular and predictable once J.P. became more stable. RP at 215. Mr. O’Neill testified that J.P. exhibited growth and improved insight into issues surrounding “the sense of trust in the relationship between he and [K.P.].” RP at 220. Mr. O’Neill and J.P. parted ways in October 2024. Annie Gerut, with Renewed Stories Counseling, testified that she began providing counseling services to J.P. in November 2024. Ms. Gerut stated she and J.P. worked to “[i]dentify [J.P.’s] beliefs and to identify relationship with [K.P.] in regards to [J.P.’s] mental health.” RP at 306. Ms. Gerut testified that she had seven sessions with J.P. as of the time of trial and was still building a rapport with him. Pam Hydrick, a play therapist, testified that she began individual therapeutic sessions with K.P. shortly after the Department referred her in November 2020. Ms. Hydrick testified that K.P. stopped attending counseling in 2022 because “[Ms. Hydrick] had set up a meeting for [J.P.] to come to a session. And he ended up showing the last five minutes of the session, and [K.P.] felt like I lied to her.” RP at 228. Ms. Hydrick stated she had told K.P. that J.P. was supposed to be there at the beginning, and that K.P. “was highly anxious throughout the session. And then when [K.P.] thought that [J.P.] wasn’t going to show up, then she started to feel relieved.” RP at 229. Ms. Hydrick stated that K.P.’s anxiety presented verbally, and that K.P. “kept on asking [her] when
No. 41099-4-III In re the Guardianship of K.P. 8 [J.P.] was coming, why he wasn’t there.” RP at 229. K.P. resumed counseling with Ms. Hydrick in April 2023. Ms. Hydrick stated the barriers to K.P.’s progress included “her parents just not showing up” and “that she has anxiety.” RP at 235. Ms. Hydrick testified that K.P. exhibited “rough” play in her initial sessions and that behavior resumed in the months preceding trial. RP at 236-37. Ms. Hydrick stated that K.P.’s behavior “could be one way of her expressing her anxiety through an aggression.” RP at 237. Ms. Hydrick testified that K.P.’s anxiety manifests itself through “headaches and stomachaches, feeling hot, and then just sometimes having nightmares.” RP at 242. Ms. Hydrick was of the opinion that it would not be in K.P.’s best interest to live with J.P., and that “she feels very safe and secure with her foster parents.” RP at 247. Melike Bludau testified about the visitation services Unite Family Services (Unite) provided K.P. and J.P. from 2019 through the time of trial. J.P. visited K.P. at Unite from September 2019 through November 2020. The visits ceased due to the “referral being resolved and unsupervised visits started.” RP at 256. Another referral from March 2021 was “resolved due to no engagement.” RP at 256. Visits resumed in April 2021, only to again stop between June and August 2021 because Ms. Bludau was “unable to reach [J.P.] to schedule.” RP at 258. Ms. Bludau stated that visits resumed between August 2021 and June 2022, before they received a referral shifting the visits to unsupervised visits in the “community.” RP at 259. Visits with Unite resumed in January 2024.
No. 41099-4-III In re the Guardianship of K.P. 9 However, a visit scheduled in November 2024 was cancelled because K.P. refused to go to J.P.’s residence and wanted the visit to be at Unite. Unite reported that K.P. had “caused herself to bleed while making a decision to do a visitation at [J.P.’s] apartment.” RP at 274. Ms. Bludau stated that Unite had “adjusted the schedules [on] several occasions to accommodate [J.P.’s] work schedule” and “adjusted pick-up and drop-off locations for [K.P.] to try to help encourage or reduce any anxiety.” RP at 276. Moreover, Ms. Bludau testified that “[K.P.] has made several statements in the visit reports that she’s comfortable visiting [J.P.] as long as Unite staff are present.” RP at 277. Unite provided services to J.P. and K.P. from the spring of 2023 through August 2023, at which time Unite’s services ceased due to nonengagement and cancelled visits. Cynthia Bryant, a court-appointed special advocate (CASA) for K.P., testified that K.P. appears “frustrated” and “sad” about the guardianship and dependency proceedings. RP at 318. Ms. Bryant testified that K.P.’s maternal aunt and uncle were “going above and beyond meeting [K.P.’s] needs” and that K.P. “feels very comfortable” with them because “[t]hat is her home.” RP at 319. Ms. Bryant explained that K.P. is “very scared” and “nervous” about the possibility of living with J.P. and desires to stay with her maternal aunt and uncle. RP at 319-20. Ms. Bryant believed a guardianship would be in K.P.’s best interest, and “it would be damaging to [K.P.’s] emotional well-being to take her out of this home where she feels safe.” RP at 320-21. Ms. Bryant supports K.P.’s
No. 41099-4-III In re the Guardianship of K.P. 10 relationship with her father but did not support continuing the dependency, stating, “It’s time for [K.P.] to have permanency. It’s time for her to be a kid.” RP at 321. She also expressed that she believed permanency would “help [K.P.] let down her anxiety, let down her guard, and help her then build that relationship that she needs to have with [J.P.].” RP at 322. Jacqueline Armour, the Department’s assigned social worker, testified that “housing was a big thing that [J.P.] was wanting to get solidified” at the time of the voluntary placement agreement. RP at 167. She testified the Department still had concerns about J.P.’s “stability of mental health, engagement in services,” and lack of stable housing as the voluntary placement agreement deadline approached. RP at 170. Ms. Armour testified that prior to being assigned to K.P., the plan “was largely focused on the disrupted relationship between [J.P.] and [K.P.]” and that by the time of her assignment, “housing instability really played a huge impact on not only [J.P.’s] mental health but also his ability to maintain a stable, healthy, safe environment.” RP at 173. Ms. Armour testified that J.P.’s initial parental deficiencies were mental health issues, domestic violence, instability, and parenting deficits. By 2022, Ms. Armour stated that J.P.’s parental deficiencies were mental health and parenting deficits. Ms. Armour testified that J.P. was not in compliance with mental health treatment at times, had disengaged with family therapy, and missed visits with K.P. Ms. Armour testified that in April 2023, J.P. had started mental health counseling with Mr. O’Neill and was working
No. 41099-4-III In re the Guardianship of K.P. 11 on reengaging with family therapy. During this time, K.P. had refused visits with J.P. Ms. Armour testified that J.P. was partially complying with services in October 2023, and K.P. did “not want to engage in any services or to engage at all in her family therapy.” RP at 337. Ms. Armour confirmed visitation was “intermittent” at that time due to J.P. missing some visits and “[K.P.] was refusing consistently.” RP at 337. At the August 2024 permanency planning hearing, Ms. Armour stated J.P. was partially compliant with family therapy as there were “ongoing issues” regarding J.P. arriving on time. RP at 340. Ms. Armour stated this was causing “conflict” during sessions, and K.P. and J.P. would “have to focus on processing [K.P.’s] frustration and sometimes anger over [J.P.] not being there on time, as well as a lot of anxiety.” RP at 340-41. Ms. Armour testified that at the time of a safety assessment she completed with J.P. on December 30, 2024, J.P.’s parental deficiencies were “mental health as it relates to his ability to care for [K.P.] and to provide parenting” and K.P.’s “substantiated fear” of “either the home or being in the care of her father.” RP at 343-44. Ms. Armour explained the parental deficiencies have been related to J.P.’s “ability to prioritize [K.P.’s] needs,” and she stated the “cyclical nature of not showing up leads to [K.P.] having a decreased trust.” RP at 345-46. She also stated she was not aware of any other services that could be offered to remedy J.P.’s parental deficiencies, and that all services that would, had already been offered.
No. 41099-4-III In re the Guardianship of K.P. 12 Ms. Armour testified that meetings were held with the Department to discuss “[b]arriers to services, engagement, progress,” and there were also “ongoing service letters” sent to J.P. to inform him the steps he needed to take to be “reunified” with K.P. RP at 354, 364. Ms. Armour testified that because transportation was a barrier for J.P., “Uber cards” were provided to J.P. to assist him in timely arriving to family therapy after work. RP at 357. She stated that J.P. had “received ongoing bus passes and we regularly communicated to ensure those were up-to-date.” RP at 357. Ms. Armour explained that barriers often “related to [J.P.’s] current work schedule” and “logistics.” RP at 360-61. Ms. Armour testified that consistency was one of the “main” parental deficiencies and a “huge barrier” had been the lack of insight into K.P.’s needs as well as insight into the importance of, rather than “trying to diminish” K.P. verbalizing “not wanting to go to [J.P.’s] apartment or spend time alone with him.” RP at 366-67, 369. Ms. Armour stated, “[A] lot more time than would be reasonable to provide in the dependency” would be needed to remedy the parental deficiencies that have been “the primary focus of the dependency for almost five years.” RP at 372. She stated that a guardianship would be in K.P.’s best interests and would still allow for a parent-child relationship for K.P. and J.P. while “achieving permanency.” RP at 372. At the conclusion of trial, the court granted the Department’s petition, ordered that a guardianship be established for K.P., and appointed K.P.’s maternal aunt and uncle as guardians. Relevant to this appeal, the court found:
No. 41099-4-III In re the Guardianship of K.P. 13 2.7: Guardianship is in the best interests of the child, rather than termination of the parent-child relationship and proceeding with adoption, or continuation of efforts to return custody of the child to the parents[.] . . . . 2.8(d): Services ordered under RCW 13.34.130 and .136 have been offered or provided and all necessary services reasonably available, capable of correcting the parental deficiencies within the foreseeable future, have been offered or provided. . . . . 2.8(p): There is little likelihood that conditions will be remedied so that child can be returned to the parents in the near future. [2] Clerk’s Papers at 258-59, 261. J.P. timely appeals. ANALYSIS J.P. argues the trial court abused its discretion in ordering the guardianship. Specifically, J.P. contends the Department failed to prove (1) it offered or provided necessary services capable of remedying his parental deficiencies within the foreseeable future, (2) that there was little likelihood that the conditions would be remedied and that 2 J.P. also assigns error to the court’s findings of fact 2.8(e)-(n) in the February 7, 2025, “Finding of Fact, Conclusions of Law, and Order.” However, these were findings that were a part of the amended findings and conclusions. See CP at 247-54. J.P. does not provide argument dedicated as to how each of these findings were error. Rather J.P. states that he assigns error generally to these findings “insofar as any statement therein which characterizes the record is contradicted by the Appellant’s statements and arguments in this appeal.” Appellant’s Opening Br. at 3-4. Because these assignments of error are unsupported by argument and authority, we decline review.
No. 41099-4-III In re the Guardianship of K.P. 14 K.P. could be returned to him in the near future, and (3) that the guardianship was in the best interests of K.P. We disagree with each contention and affirm. “Parents have a fundamental liberty interest in the care and welfare of their minor children.” In re Dependency of Schermer, 161 Wn.2d 927, 941, 169 P.3d 452 (2007). This right, however, is not absolute and when a child’s mental or physical health is endangered by parental deficiencies, “the State has a parens patriae right and responsibility to intervene to protect the child.” In re Welfare of Sumey, 94 Wn.2d 757, 762, 621 P.2d 108 (1980). The standard of proof in a guardianship trial under chapter 13.36 RCW is a preponderance of the evidence. In re Welfare of A.W., 182 Wn.2d 689, 702, 344 P.3d 1186 (2015). We review the trial court’s factual findings for substantial evidence. Id. at 711. “‘Substantial evidence exists if, when viewing the evidence in the light most favorable to the prevailing party, a rational trier of fact could find the fact more likely than not to be true.’” In re Welfare of Ca.R., 191 Wn. App. 601, 608-09, 365 P.3d 186 (2015) (quoting In re Welfare of X.T., 174 Wn. App. 733, 737, 300 P.3d 824 (2013)). We do not reweigh evidence or witness credibility. Id. Rather, “[w]e give deference to the trial judge’s advantage in having the witnesses before him or her, which is particularly important in proceedings affecting the parent and child relationship.” In re A.W., 182 Wn.2d at 711.
No. 41099-4-III In re the Guardianship of K.P. 15 “[A] guardianship is an appropriate permanent plan for a child who has been found to be dependent under chapter 13.34 RCW and who cannot safely be reunified with his or her parents.” RCW 13.36.010. A guardianship may be ordered where certain statutory elements are met. RCW 13.36.040(2). Relevant to the matter before us, and among other elements, the trial court must find by a preponderance of the evidence: (a) . . . that it is in the child’s best interests to establish a guardianship, rather than to terminate the parent-child relationship and proceed with adoption, or to continue efforts to return custody of the child to the parent[.] . . . . (iv) The services ordered under RCW 13.34.130 and 13.34.136 have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided; (v) There is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future[.] RCW 13.36.040. N ECESSARY SERVICES J.P. contends the court’s finding that all necessary services were offered or provided is not supported by substantial evidence. Specifically, J.P. asserts the Department failed to provide him with housing and employment assistance. We disagree. When petitioning for a guardianship under chapter 13.36 RCW, the Department carries the burden of proving it has expressly and understandably offered or provided services reasonably available and capable of correcting the parental deficiencies within
No. 41099-4-III In re the Guardianship of K.P. 16 the foreseeable future. RCW 13.36.040(2); In re Dependency of M.P., 185 Wn. App. 108, 121, 340 P.3d 908 (2014). A “necessary” service is one that addresses a condition or parental deficiency that is preventing a parent from reunification with their child. In re Dependency of G.L.L., 20 Wn. App. 2d 425, 433, 499 P.3d 984 (2021). The services offered must be tailored to the individual needs of the parent. In re Dependency of T.R., 108 Wn. App. 149, 161, 29 P.3d 1275 (2001). When a service is necessary, the Department is required to “[a]t a minimum . . . provide a parent with a list of referral agencies that provide those services.” In re Dependency of D.A., 124 Wn. App. 644, 651, 102 P.3d 847 (2004). J.P.’s primary parental deficiencies were identified as mental health issues and deficits in parenting skills. J.P. claims the Department’s failure “to provide services to help ameliorate [his] recurrent struggles with homelessness and unemployment” created barriers to accessing services and contributed to his failure to remedy his parental deficiencies. Appellant’s Opening Br. at 6-7. Our Supreme Court held, “When a ‘condition’ precludes reunion of parent and child . . . regardless of whether it can be labeled a ‘parental deficiency,’ the State must provide any necessary services to address that condition.” In re Welfare of C.S., 168 Wn.2d 51, 56 n.3, 225 P.3d 953 (2010). The Department recognized throughout the dependency that J.P.’s unstable and unsafe housing contributed to his parental deficiencies and that his sporadic employment
No. 41099-4-III In re the Guardianship of K.P. 17 and work schedule were barriers to reunification. Although J.P.’s lack of housing and stable employment were not identified as “parental deficiencies,” they were conditions that hindered the resolution of his parental deficiencies and prevented reunification. J.P. contends that because the Department failed to directly provide assistance with housing or employment, then it did not provide or offer all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future. We disagree with J.P.’s argument that the Department had to directly provide assistance when he was receiving support through other sources. The court can consider the services received by the parent, regardless of the source, that bear on the ability to correct the parental deficiencies. In re D.A., 124 Wn. App. at 651-52. Here, J.P. received assistance through Mr. O’Neill, who was referred by the Department, the “HARPS program” and the “PEP program.” RP at 212-13. These programs, in conjunction with Mr. O’Neill’s assistance, allowed J.P. to secure permanent housing and stable employment. The Department offered or provided services sufficient for J.P. to obtain housing and employment, alleviating barriers to resolving his parental deficiencies. J.P. further argues that the Department should have offered or provided services to assist him in obtaining employment that offered a more flexible work schedule, thereby allowing him the ability to consistently attend services. J.P.’s contention does not align with the statutory requirement that the Department offer or provide services that are
No. 41099-4-III In re the Guardianship of K.P. 18 “reasonably available.” RP at 371. Even so, adjustments were made to J.P.’s visitation schedules to accommodate his fluctuating work schedule. Further, the Department provided bus passes and gift cards for ride shares when J.P.’s transportation struggles affected his punctuality and ability to attend visits and appointments. Substantial evidence supports the trial court’s finding that the Department expressly and understandably offered or provided services reasonably available and capable of correcting J.P.’s parental deficiencies within the foreseeable future. LIKELIHOOD OF REMEDYING CONDITIONS J.P. argues the trial court’s finding that there is little likelihood that conditions will be remedied so that the K.P. can be returned to J.P. in the near future is not supported by substantial evidence. We disagree. The court looks to the parental deficiencies when evaluating whether there is “‘little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future.’” In re Guardianship of D.S., 178 Wn. App. 681, 690, 317 P.3d 489 (2013) (quoting RCW 13.36.040(2)(c)(v)). The “foreseeable future” is determined from the child’s point of view. In the Matter of the Parental Rights to K.M.M., 186 Wn.2d 466, 486, 379 P.3d 75 (2016). Here, J.P.’s lingering parental deficiencies were mental health issues and deficits in parenting skills. Ms. Armour testified that J.P.’s lack of insight into K.P.’s needs and failure to prioritize her needs are unresolved deficiencies that have led to K.P.’s
No. 41099-4-III In re the Guardianship of K.P. 19 decreased trust in J.P. Further, Ms. Armour testified that these deficiencies have been consistent for almost five years and that “a lot more time than would be reasonable to provide in a dependency” would be necessary to resolve the deficiencies. RP at 372. Ms. Brecht described the fear and anxiety K.P. experiences, manifesting itself through physical ailments, due to J.P.’s inconsistency. Ms. Brecht testified she is unaware of anything that could remedy the “trust issue” between K.P. and J.P. in the near future. RP at 108. Ms. Hydrick similarly testified to K.P.’s anxiety, which she described as both verbal and physical related to J.P.’s inconsistency and to the possibility of living with J.P. Ms. Hydrick was unable to provide a timeline for how long it would take K.P. to rebuild trust with J.P. Further, though Mr. O’Neill testified that J.P.’s consistency increased when he gained employment and stable housing, he pointed to J.P.’s continued late attendance, inconsistencies in contact with K.P., and failure to appear for visits with K.P. as barriers to J.P.’s progress. The trial court’s finding that there is little likelihood J.P.’s conditions will be remedied so that the K.P. can be returned to his care in the near future is supported by substantial evidence. BEST INTERESTS OF THE CHILD J.P. argues the trial court’s finding that guardianship is in the best interests of K.P. is not supported by substantial evidence. We disagree.
No. 41099-4-III In re the Guardianship of K.P. 20 Courts consider several factors in determining the best interests of the child. In re A.W., 182 Wn.2d at 711. “There is not an exclusive list of factors to consider but instead the court must decide each case on its own facts and circumstances.” Id. at 711. Here, K.P. has been dependent for approximately five years, during which time she had been cared for by her maternal aunt and uncle. Ms. Armour testified that K.P. and J.P. “both really love each other and have a parent-child relationship” and K.P. still wishes to see J.P. RP at 372. Ms. Armour stated, “[A] guardianship would allow that parent-child relationship to continue . . . while achieving permanency and continuing to heal that parent-child relationship.” RP at 372. Concordant testimony was admitted concerning K.P.’s need for permanency and stability. Ms. Armour explained that K.P. has experienced “a ton of anxiety” predicated on J.P.’s lack of consistency in her visits with J.P. and permanency in her life. RP at 373. Ms. Armour described the importance of K.P. feeling safe and achieving permanency in her household. Further, K.P. has refused visits, maintained that she wants visits to be supervised, and has expressed anxiety and frustration about the possibility of living with J.P. Ms. Armour, Ms. Hydrick, and Ms. Brecht all opined that a guardianship would be in K.P.’s best interest. Additionally, K.P.’s CASA, Ms. Bryant, supported the guardianship and reiterated the importance for K.P. to have permanency to alleviate her anxiety and ultimately help her rebuild her relationship with J.P. Ms. Bryant stated that K.P.’s maternal aunt and uncle were meeting K.P.’s emotional and physical needs.
No. 41099-4-III In re the Guardianship of K.P. 21 Further, K.P. feels comfortable with her maternal aunt and uncle and considers her placement there as her home. The trial court’s finding that the guardianship is in the best interests of K.P. is supported by substantial evidence. Affirmed. A majority of the panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to RCW 2.06.040. Cooney, J. WE CONCUR: Lawrence-Berrey, C.J. Murphy, J.
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