IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON 

In the Matter of the Dependency of ) 

) No. 74624-3-1 

J.T.R. DOB: 3/22/07 ) (consolidated with No. 

J.J.R. DOB: 09/2/05 ) 74625-1-1) 

) Coq C) 

STATE OF WASHINGTON, 

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) 

DIVISION ONE >74 

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DEPARTMENT OF SOCIAL AND ) UNPUBLISHED OPINION' 

HEALTH SERVICES, ) 

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Respondent, ) r"J 

) 

v. ) 

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) 

ABIGAIL ROCCO, 

Appellant. 

) 

) FILED: November 14, 2016 

) 

APPELWICK, J. — appeals the order terminating her parental rights to her sons 

J.J.R. and J.T.R. She contends the Department failed to prove that (1) all necessary 

and available services capable of correcting her parental deficiencies were provided; 

(2) there was little likelihood that her parental deficiencies could be remedied in the 

near future; and (3) that termination was in the best interest of the children. Rocco 

also argues that the juvenile court violated her due process rights by failing to provide 

adequate notice of an alleged parental deficiency. Substantial evidence supports the 

relevant findings, and Rocco fails to demonstrate a due process violation. We affirm. 
No. 74624-3-1/2 

FACTS 

Abigail Rocco is the mother of J.J.R. (born 9-2-2005) and J.T.R. (born 3-22-

2007). J.J.R. suffers from epilepsy and is currently enrolled in special education 

classes.' 

J.J.R. and J.T.R. lived with Rocco until November 2013. Between 2008 and 

2012, the Department of Social and Health Services (Department) received several 

Child Protective Services (CPS) referrals regarding Rocco's possible drug use, 

negligent treatment of the children, and the presence of unsafe individuals in the 

home. In several instances, the Department intervened temporarily and provided 

voluntary family preservation services. 

In the fall 2013, Rocco and the children moved from Arlington to Seattle and 

lived with Terrance Maynard, Rocco's boyfriend. On November 5, 2013, the 

Department investigated a report that J.J.R. and J.T.R. had missed a week of school. 

The mother explained that J.J.R. received two black eyes when he fell following a 

seizure. Rocco asked the school not to contact CPS. 

When J.J.R. returned to school, school employees noticed that he had a 

healing abrasion on his left cheek and redness in his left eye. When asked how it 

happened, J.J.R. responded "Terrence" and gestured that Maynard had punched him 

in the face. J.T.R. told Department social workers that both Rocco and Maynard hit 

the children with a belt. He confirmed that when he says "dad," he means Maynard. 

' The court's decisions terminating the parental rights of J.J.R.'s and J.T.R.'s 

fathers are not at issue in this appeal. 

-2- 
No. 74624-3-1/3 

J.T.R. also said that Rocco and Maynard told him not to talk about what goes on at 

home because it is "their business." J.T.R. made similar disclosures to a nurse at 

Swedish Medical Center. 

Rocco maintained that J.J.R. and J.T.R. were lying and denied that she or 

Maynard used physical discipline. She claimed that she had separated from 

Maynard and had no further relationship with him. 

The Department removed J.J.R. and J.T.R. from Rocco's care. On January 

10, 2014, Rocco stipulated to the entry of a dependency order. Among other things, 

the disposition order required Rocco to complete random urinalysis testing (UA). 

Because of Rocco's history of trauma and sexual abuse as a child, the court ordered 

her to complete a psychological evaluation with parenting component and follow any 

mental health and parenting treatment recommendations. Rocco successfully 

completed the UA testing. 

Social worker Ashley Shelby initially referred Rocco to Dr. Tatyana Shepel for 

a psychological and parenting assessment. Rocco eventually canceled the 

appointment, which was scheduled for June 2014. Because Dr. Shepel was not 

available for a new appointment within a reasonable time, Shelby referred Rocco to 

Dr. Steve Tutty. 

Rocco met with Dr. Tutty several times for the evaluation between August 11 

and October 8, 2104. Tully also observed one of Rocco's visits with J.J.R. and 

J.T.R. 

-3- 
No. 74624-3-1/4 

Based on a variety of tests, Tully diagnosed Rocco with posttraumatic stress 

disorder (PTSD), consistent with the abusive history that Rocco experienced until she 

was 14. Tutty also noted a "rule out" for paranoid personality traits, requiring further 

information to diagnose. 

Tutty found that Rocco had adequate cognitive and executive functioning and 

that J.J.R. and J.T.R. were closely bonded with her. He concluded, however, that 

Rocco did not appear to be amenable to services in light of her CPS history and 

paranoia personality assessment inventory. As a result, she likely lacked sufficient 

insight into her psychological challenges and currently posed a moderate risk for 

failing to protect the safety and best interests of the children. Tutty believed that 

Rocco required a "significant amount of structure and oversight to engage and 

complete treatment services." 

Tutty recommended that Rocco complete counseling sessions with a therapist 

skilled in trauma-focused cognitive behavioral treatment (TF-CBT). In addition, he 

recommended that Rocco schedule an appointment with a medication provider for 

assessment of psychotropic medications to reduce her levels of paranoia and 

vigilance. Tutty believed that Rocco would benefit from a specialized parenting class. 

Tutty completed his evaluation on October 16, 2014, and submitted it to the 

Department. Dependency review orders entered in December 2014 and early 

February 2015 expressly included Tutty's recommendations for trauma-focused 

cognitive behavioral therapy and the assessment of psychotropic medication as 

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No. 74624-3-1/5 

additional court ordered services. The record does not explain the Department's 

failure to provide the evaluation to Rocco or to discuss it with her before February. 

Melissa Hoogendoorn, the assigned social worker from October 2014 to April 

2015, discussed Tutty's recommendations with Rocco by phone in February 2015. 

Hoogendoorn and Rocco initially considered Sound Mental Health for the services, 

but then agreed that Community Psychiatric Clinic (CPC) would be more convenient 

for Rocco for the counseling and medication assessment. 

Hoogendoorn met with Rocco at the Department office on March 17, 2015, 

and again discussed Tutty's recommendations. Hoogendoorn handed Rocco a 

service letter summarizing Tutty's recommendations, including TF-CBT and 

medication management, and including contact information for CPC. 

Rocco told Hoogendoorn that she had "gone to an agency at some point" and 

was told that she did not need therapy. When Hoogendoorn learned that Rocco had 

apparently not mentioned Tutty's evaluation and recommendation to the agency, she 

advised Rocco to sign a release of information so that the Department could provide 

Tutty's evaluation: 

We again talked about the recommendations from Dr. Tutty's 

evaluation. We talked about going to Community Psychiatric Clinic for 

the trauma-focused CBT and being evaluated for medication there. We 

talked about how it would be important for Ms. Rocco to sign a release 

of information so that I could make—so that 1 or her social worker could 

make sure that CPC had a copy of the evaluation from Dr. Tutty so that 

there would be clear information as to what the Department's concerns 

were regarding her mental health. And, we talked a little bit about her 

trauma past and how that was impacting her decision as to whether or 

not to engage in services. 

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No. 74624-3-1/6 

Rocco informed Hoogendoorn that she was not going to participate in TF-CBT 

therapy because she "felt like all she would be doing is talking about her past and the 

sexual abuse" and believed that "she was already past that." Rocco became 

increasingly upset and began screaming. She insisted that she was not going to 

participate in TF-CBT, accused Hoogendoorn of ignoring the abuse that J.J.R. and 

J.T.R. were experiencing in their foster home, and stormed out of the building. 

Cecilie Han replaced Hoogendoorn as the children's social worker in April 

2015. Han arranged for Rocco to participate in the required specialized parenting 

course, which Rocco successfully completed. Han also discussed the court ordered 

mental health and medication services with Rocco, who indicated that she did not 

need the services because she had participated in mental health therapy as a child. 

But, when Rocco indicated that she had been denied counseling services, 

Han contacted CPC. Han learned that CPC had denied services because Rocco did 

not endorse any mental health symptoms. In June 2015, after Han provided a copy 

of Tutty's evaluation and additional information, CPC agreed to offer services if 

Rocco demonstrated a willingness to engage. Office of Public Defense social worker 

, 

Alise Hegle also assisted Rocco and encouraged her to participate in the court 

ordered therapy. 

In July 2015, Rocco participated in an intake appointment, and CPC accepted 

her for services. The CPC diagnosis for Rocco was major depressive disorder. 

On August 21, 2015, Rocco told Jessica Blanche, the court appointed special 

advocate (CASA), that her children were in dependency because the nurses at their 

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No. 74624-3-1/7 

school lied and falsely accused her and Maynard of abuse. Rocco told Blanche that 

she had been denied counseling and did not need counseling or mental health 

treatment of any kind. 

In mid-September 2015, Rocco began counseling sessions with Emily Miller, a 

licensed therapist at CPC. As part of the treatment plan, Rocco identified her goals 

as "getting a driver's license, continuing with school, and getting custody of her 

children back." 

Han met with Rocco at a shared planning meeting on September 29, 2015. At 

the meeting, Rocco appeared to agree to participate in both TF-CBT and the 

medication assessment. In a subsequent series of e-mails, however, Rocco 

questioned whether she needed a medication evaluation. 

Han testified that Rocco had not made progress in correcting the primary 

parental deficiency that led to the removal of J.J.R. and J.T.R.: 

it concerns me that Ms. Rocco does not believe that she does need 

mental health services. I believe that it—a significant piece to making 

progress in mental health therapy is self-awareness and understanding 

that some sort of change needs to take place, or willingness for a 

change to take place. And I don't feel that—I don't feel like that's 

something that's present here in this case. I feel like in assessing 

through, kind of, all the case history, and my interactions with Ms. 

Rocco, I feel that her mental health has really impacted her children 

and put them at risk. 

The Department petitioned for termination of Rocco's parental rights on June 

22, 2015. At the time of the termination trial, which began on October 27, 2015, 

Rocco had completed five sessions with Miller. Rocco also stated that she had 

signed up for a trauma-based group session in November 2015. 

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No. 74624-3-1/8 

Miller testified that she had "begun discussing" TF-CBT with Miller and had 

started the "psychoeducation" module in the last session. Miller explained that the 

psychoeducation module involved addressing "risk factors that make a person 

vulnerable to certain types of trauma." The safety planning module of TF-CBT, which 

seeks to minimize those risk factors, is usually done as one of the last modules. 

Miller acknowledged that TF-CBT therapy could take up to a year and anticipated 

working with Rocco for a year. Miller testified that Rocco was aware of the process 

for arranging the medication assessment, but she informed Miller "that she is not 

interested in medication management at the moment." 

Rocco testified extensively over the course of the four day trial. She claimed 

that she had long wondered why the Department removed J.J.R. and J.T.R. from her 

care and always got a "runaround" when she tried to find out. Rocco repeatedly 

denied she needed therapy to address trauma because she completed that therapy 

when she was young. Rocco now planned to complete the therapy so that she could 

regain custody of J.J.R. and J.T.R. 

Rocco claimed that Maynard had never physically abused the children and 

that J.J.R. and J.T.R. were lying. She remained reluctant, however, to address why 

the children would repeat such lies. At one point, she asserted the police had 

coerced the children into making the allegations. When the court pressed her for an 

explanation, Rocco suggested that the children were angry with her after they were 

wrongfully evicted from their Arlington apartment. 

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No. 74624-3-1/9 

Rocco acknowledged that she lived in Maynard's apartment from around 

November 2013 to November 2014, but denied having any current relationship him. 

Rocco agreed that the Department could conduct a surprise visit to her home, "as 

long as it's not on the weekends." The Department presented evidence that 

Maynard's benefit checks were being sent to her current address and that Maynard 

had provided the Department with Rocco's address. 

Rocco denied that she delayed complying with the court-ordered counseling 

and medication requirements. She asserted that when she first contacted CPC in 

February 2015, the interviewer determined that she did not qualify for counseling, 

even though she showed the intake assessor Tutty's evaluation and disclosed her 

history of abuse. Rocco claimed that she continued to contact CPC for counseling, 

but without success. Rocco also asserted that when CPC finally accepted her, the 

interviewer said, "[O]kay, we're going to lie about this and say that you're depressed 

so that you can get the services that you need." 

Sophie Keefe-Bullock, a Department social worker, supervised Rocco's twice 

weekly visits with J.J.R. and J.T.R. during most of the dependency period. For the 

most part, Keefe-Bullock found that Rocco's visits were appropriate. Keefe-Bullock's 

primary concern involved Rocco's hypervigilance about the children's health and 

bodies. During the visits, Rocco was frequently checking the boys for marks, small 

scratches, bug bites, and bruises in a way that "put the boys on edge about their own 

bodies." After looking at the marks, Keefe-Bullock had no concerns that the children 

were being harmed at their foster home. 

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No. 74624-3-1/10 

At trial, Dr. Tufty explained how TF-CBT could help Rocco manage her PTSD: 

Well, it's targeting the traumatic memories and helping the individual 

better manage those memories when they resurface, whether that be, 

you know, through dreams or through the waking state. Typically 

individuals with PTSD have a lot of recollections of those traumatic 

experiences, and as a result, avoid people, situations that remind them 

of those events. They maintain a—a pretty rigid hypervigilant stance, 

so they're very tense, anxious. They have a lot of negative emotions, 

negative cognitions. It's very impairing. 

In preparing his evaluation, Tutty was unable to consider Rocco's participation 

in the MMPI-11 (Minnesota Multiphasic Personality Inventory-2), a widely used 

personality test, because her answers indicated a "positive impression management" 

that led to an invalid result. Rocco's answers indicated that she was "attempting to 

manipulate how others view her character." Similarly, Rocco's profile for the Child 

Abuse Potential Inventory, which measures risk for committing future child abuse, 

was also invalid because of her positive impression management. 

Tutty identified trust issues, Rocco's significant tension, and her displayed 

hypervigilance as problems that could impair her ability to engage in and complete 

services. Rocco told Tutty that J.J.R. received his black eyes when he fell following a 

seizure. Rocco explained that J.J.R. first fell backwards and injured one side of his 

face. After he stood up, J.J.R. then fell back down and injured the other side of his 

face. Based on his experience in treating both children and adults with seizure 

disorders, Dr. Tutty found Rocco's explanation not plausible. 

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No. 74624-3-1/11 

Rocco requested that the termination decision be deferred for 90 days to 

assess whether the treatment would be effective. The court did not defer the 

decision. 

On November 24, 2015, following a four day trial, the juvenile court entered 

findings of fact, conclusions of law, and an order terminating Rocco's parental rights 

in J.J.R. and J.T.R. The court found much of Rocco's testimony not credible, 

including her account of why CPC denied her requests for services and her claim that 

she was no longer in contact with Maynard. Rocco appeals. 

ANALYSIS 

Parents have fundamental liberty and privacy interests in the care and custody 

of their children. In re Welfare of A.J.R., 78 Wn. App. 222, 229, 896 P.2d 1298 

(1995); Santoskv v. Kramer, 455 U.S. 745, 753, 102 S. Ct. 1388, 71 L. Ed. 2d 599 

(1982). When determining whether to terminate parental rights, Washington courts 

follow a two-step process. First, the Department must prove the following six 

statutory requirements by clear, cogent, and convincing evidence: 

(a) That the child has been found to be a dependent child; 

(b) That the court has entered a dispositional order pursuant to 

RCW 13.34.130; 

(c) That the child has been removed . . . from the custody of the 

parent for a period of at least six months pursuant to a finding of 

dependency; 

(d) That the services ordered under RCW 13.34.136 have been 

expressly and understandably offered or provided and all necessary 

services, reasonably available, capable of correcting the parental 

deficiencies within the foreseeable future have been expressly and 

understandably offered or provided; 

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No. 74624-3-1/12 

(e) That there is little likelihood that conditions will be remedied 

so that the child can be returned to the parent in the near future. . . . 

(f) That continuation of the parent and child relationship clearly 

diminishes the child's prospects for early integration into a stable and 

permanent home. 

RCW 13.34.180(1); see also In re Welfare of A.B., 168 Wn.2d 908, 911, 232 P.3d 

1104 (2010); RCW 13.34.190. 

Second, if the Department proves the six termination factors, the court then 

determines, by a preponderance of the evidence, if termination is in the child's best 

interests. RCW 13.34.190(1)(b). 

Where, as here, the trial court has weighed the evidence, our review is limited 

to determining whether substantial evidence supports the court's findings of fact and 

whether those findings support the court's conclusions of law. In re Dependency of 

P.D., 58 Wn. App. 18, 25, 792 P.2d 159 (1990). "Evidence is substantial if it is 

sufficient to persuade a fair-minded person of the truth of the declared premise." In 

re Welfare of S.J., 162 Wn. App. 873, 881, 256 P.3d 470 (2011). Clear, cogent, and 

convincing evidence exists when the evidence shows the ultimate fact at issue to be 

highly probable. In re Dependency of K.R., 128 Wn.2d 129, 141, 904 P.2d 1132 

(1995). 

I. All Necessary and Available Services 

Rocco contends that the Department failed to prove it offered or provided her 

with all necessary services capable of correcting her parental deficiencies as required 

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No. 74624-3-1/13 

by RCW 13.34.180(1)(d). The Department must offer services that are specifically 

tailored to each individual's needs. In re Dependency of T.R., 108 Wn. App. 149, 

161, 29 P.3d 1275 (2001). 

Rocco does not dispute that the Department offered or provided the necessary 

mental health services. She argues, however, that the Department failed to provide 

reasonably competent case management services from October 2014, when Dr. 

Tutty completed his evaluation, through February and March 2015, when social 

worker Melissa Hoogendoorn provided oral and written referrals for mental health 

services. Rocco claims that Hoogendoorn unreasonably delayed providing her with 

Dr. Tutty's evaluation and then failed to provide her with competent assistance in 

accessing the services. Rocco maintains that the 3-4 month delay hindered her 

access to the crucial mental health services and "derailed" her efforts to address her 

parental deficiencies in time for trial. 

The court was clearly concerned by the Department's delay in providing Rocco 

with referrals following Tutty's evaluation. But the court also found 

The mother understood that she needed to consistently engage in the 

services offered by the Department to reunify with her children. She 

acknowledged during testimony at trial that she knew she needed to 

engage in TF-CBT and seek an evaluation for medication management. 

Until just before trial began, the mother did not make a reasonable 

attempt to engage in these recommended services. Her explanation for 

not enrolling in counseling earlier because she was "denied" services 

was not credible. Ms. Rocco testified that, even though she told the 

intake assessor that she had to have counseling as a condition to 

getting her children back, she was told that she did not need counseling 

because in her intake questionnaire she denied that she had thoughts 

of suicide or harming others. Ms. Rocco explained when she sought 

counseling at CPC a second time, shortly before trial, that the intake 

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No. 74624-3-1/14 

assessor told her that she was going to "lie" in order to allow Ms. Rocco 

to qualify for counseling services. This testimony also was not credible. 

The record establishes that Hoogendoorn reviewed Tutty's recommendations 

and the service requirements with Rocco by telephone and in person in February and 

March 2015. Rocco repeatedly acknowledged that she understood the court-ordered 

requirements for TF-CBT and medication management and understood where to 

request the services. But throughout the dependency, she told social workers that 

she did not need therapy and, more specifically, that she would not participate in 

medication management. At the conclusion of the March 2015 meeting with 

Hoogendoorn, Rocco stormed out after insisting that she would not participate in TFCBT. 

On appeal, Rocco claims that she "acted promptly" on the Department's 

referral. But, Rocco's testimony about her efforts to obtain services from CPC was 

inconsistent and contradictory, and the court found her account not credible. An 

appellate court does not make credibility determinations or weigh evidence on 

review. In re Welfare of C.B., 134 Wn. App. 942, 953, 143 P.3d 846 (2006); see also 

In re Dependency of K.S.C., 137 Wn.2d 918, 925, 976 P.2d 113 (1999) (because the 

trial judge has the advantage of viewing the witnesses, deference to the court's 

findings is of particular importance in deprivation hearings). 

Rocco apparently indicated to Hoogendoorn that she had requested services 

from CPC in February 2015 without providing Dr. Tutty's evaluation or explaining her 

diagnosis of PTSD. But, Rocco testified that she was denied services at CPC during 

her first intake assessment in February 2015 because she did not endorse mental 

-14- 
No. 74624-3-1/15 

health issues, even though she shared Tutty's evaluation. Rocco claimed that she 

then made repeated requests for services at CPC that were denied for the same 

reason. When CPC finally accepted her after a second assessment in July or August 

2015, Rocco stated that the intake assessor said she would lie about the diagnosis in 

order to provide services. 

Based on its credibility assessment and the other evidence of Rocco's 

reluctance to participate in TF-CBT and medication management, despite her 

understanding of their importance, the court could reasonably conclude that Rocco 

effectively refused to engage in the necessary services, or failed to make serious and 

reasonable efforts, until shortly before trial. Cf. In re Dependency of T.R., 108 Wn. 

App. at 163 ("When a parent is unwilling or unable to make use of the services 

provided, [the Department] is not required to offer still other services that might have 

been helpful."). Contrary to Rocco's arguments, the court's findings, when viewed in 

their entirety, do not reflect a material misunderstanding of the chronology of events. 

Clear, cogent, and convincing evidence supports the court's determination that the 

Department offered or provided all necessary services capable of correcting her 

parental deficiencies. 

II. Little Likelihood that Conditions Would be Remedied in the Near Future 

Rocco contends the Department failed to prove there was little likelihood that 

conditions would be remedied so that the children could be returned in the near 

future. RCW 13.34.180(1)(e). The focus of this requirement is whether the identified 

deficiencies have been corrected. See In re Welfare of M.R.H., 145 Wn. App. 10, 27, 

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No. 74624-3-1/16 

188 P.3d 510 (2008). What constitutes "near future" necessarily depends on the 

specific circumstances of each case, including the child's age and placement 

circumstances. C.B., 134 Wn. App. at 954; see also In re A.W., 53 Wn. App. 22, 32, 

765 P.2d 307 (1988) ("Although 1 year may not be a long time for an adult decision 

maker, for a young child it may seem like forever."). "A parent's unwillingness to avail 

herself of remedial services within a reasonable period is highly relevant to a trial 

court's determination as to whether the State has satisfied RCW 13.34.180(1)(e)." In 

re Welfare of T.B., 150 Wn. App. 599, 608, 209 P.3d 4975 (2019). 

Rocco maintains that at the time of trial, she was engaged in mental health 

services and beginning to gain insight into her challenges. She also points to Dr. 

Tutty's testimony that 90 days would be a reasonable time in which to determine 

whether she was making progress in her treatment. She argues that it was 

fundamentally unfair for the Department to delay her referral for three months and 

then penalize her for not remedying parental deficiencies in the "near future." 

Dr. Tutty's testimony regarding an additional amount of time to assess Rocco's 

progress was premised both on her participation in the TF-CBT and willingness to 

see a medication provider. At the time of trial, Rocco had participated in one session 

of TF-CBT. And, although Rocco indicated she was now willing to participate in a 

medication assessment, her therapist testified that she was currently "not interested" 

in medication management. 

Moreover, the evidence was undisputed that Rocco would likely need at least 

9 to 12 months to complete TF-CBT, with the safety planning module not occurring 

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No. 74624-3-1/17 

until the end of the program. The Department witnesses testified that Rocco had 

shown no improvement and that her mental health issues continued to negatively 

affect her ability to care for J.J.R. and J.T.R. 

The children's CASA, Jessica Blanche, testified that given the fact that J.J.R. 

and J.T.R., had already been in foster care for two years, any additional delay would 

be detrimental. Blanche acknowledged that a deferral of the termination decision for 

no more than 90 days would not be "extremely detrimental," but she believed that any 

further delay would be emotionally detrimental to the children. Blanche strongly 

questioned Rocco's motivation for her late participation in court ordered treatment 

and her ability to utilize those services to improve her parenting deficiencies. As late 

as August 21, 2015, Rocco told Blanche that she had tried to go to counseling but 

was denied. Rocco also told Blanche that she did not need counseling or mental 

health treatment of any kind. 

Substantial evidence supports the court's determination that there was little 

likelihood that Rocco would correct her parental deficiencies in the near future. 

III. Continuation of the Parent-Child Relationship 

Rocco contends the Department failed to establish that continuation of the 

parent and child relationship clearly diminished the children's prospects for early 

integration into a stable and permanent home. RCW 13.34.180(f). But, this 

contention rests solely on the assertion that the Department failed to provide all 

necessary services. As set forth above, the Department provided all necessary 

services. We therefore reject Rocco's argument. 

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No. 74624-3-1/18 

IV. Best Interests of the Children 

Rocco contends the court erred when it determined that termination of her 

parental rights was in the best interests of the children. RCW 13.34.190(1)(b). As 

Rocco notes, it is undisputed that the children have a strong bond with her and 

always demonstrate warmth and affection during her visits. Rocco also relies on the 

testimony of Delilah Bruskas, a legal nurse consultant. Bruskas testified that 

termination of the attachment between a child and primary caregiver "is going to be 

potentially developmentally destructive because all subsequent developmental 

stages of childhood are built upon that." 

Whether termination of parental rights is in the best interest of the child is a 

fact specific inquiry. In re Welfare of Aschauer, 93 Wn.2d 689, 695, 611 P.2d 1245 

(1980). The record here clearly demonstrates that Rocco loves and cares for her 

children, and that they have a strong attachment to her. But "[w]hen the rights of 

basic nurture, physical and mental health, and safety of the child and the legal rights 

of the parents are in conflict, the rights and safety of the child should prevail." RCW 

13.34.020. 

At the time of trial, J.J.R. and J.T.R. had been in foster care for two years. 

Because of her untreated mental health issues, Rocco was unable to provide a safe 

home for them in the near future. Although she had just participated in the first 

session of the court ordered TF-CBT, Rocco had not yet even scheduled the required 

medication assessment. The Department's witnesses testified that after two years in 

foster care, J.J.R. and J.T.R. needed stability and permanency. Because Rocco's 

-18- 
No. 74624-3-1/19 

therapy was going to take 9 to 12 months and the outlook for success was unclear, 

the out children faced the" 'limbo of foster care for an indefinite period.' " T.R., 108 

Wn. App. at 167 (quoting A.W., 53 Wn. App. at 33). Substantial evidence established 

that termination was in the best interests of the children. 

V. Due Process 

Rocco challenges the following finding of fact: 

Ms. Rocco does not appear to have a support system in place to assist 

her with parenting or with her mental health challenges. She has 

described her own mother as "controlling" and 'vindictive" - as someone 

who has repeatedly contacted Ms. Rocco's neighbors and Ms. Rocco's 

landlord to "spread lies" about the mother. The only testimony Ms. 

Rocco offered about a support system was that she reads her bible 

when she feels depressed and she will call up a friend and they will 

read the bible to each other over the phone. 

Rocco contends that she was never notified that a failure to have a support 

system constituted a parental deficiency that could justify termination of her parental 

rights. She argues that the juvenile court's reliance on this alleged parental 

deficiency therefore violated her due process rights. In re Dependency of A.M.M., 

182 Wn. App. 776, 779, 332 P.3d 500 (2014) (termination order relying on parental 

deficiency not identified in the dependency or termination petitions violated due 

process). 

The challenged finding is one of 13 that the court entered in support of its 

determination that there was little likelihood that the conditions resulting in 

dependency would be remedied in the near future. The finding accurately 

summarized Rocco's testimony. Among other things, Rocco characterized her 

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WE CONCUR: 

No. 74624-3-1/20 

mother as "controlling and vindictive" and accused her of spreading lies to CPS and 

abusing J.J.R. and J.T.R. 

Viewed in their entirety, the findings establish that court relied solely on 

Rocco's failure to remedy her untreated mental health issues as the parental 

deficiency warranting termination. Rocco does not identify anything in the record or 

the parties' arguments suggesting that lack of a support system was a parental 

deficiency that she needed to correct. The court's reliance on this circumstance as 

one of many reasons for determining that Rocco would be unable to remedy her 

mental health issues in the near future did not identify an additional parental 

deficiency requiring separate notice. Rocco fails to demonstrate a due process 

violation. 

Affirmed. 

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