IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE

IN RE PARENTAL RIGHTS TO
P.L.F. ) ) ) ) ) ) ) ) No. 35228

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UNPUBLISHED OPINION

F EARING , C. J.

— Nina Sargent appeals from the termination of parental rights to her three

- year - old son. We affirm the termination. FACTS This appeal concerns parental rights to the child, Patrick Ferris, whose parents are Nina Sargent and Bartholomew Ferris , a Walla Walla couple

. Only the mother challenges the trial court’s terminati on of parental rights. Nina Sargent also bore three other older children, Alexis and Paul Sargent and Allison Aguirre. All names are pseudonyms

. The facts begin before Patrick Ferris’ birth. Due to domestic violence and Nina Sargent’s use of methamphe tamine, the Washington Department of Social and Health Services (DSHS) placed Alexis in foster care, on March 28, 2013, and filed a dependency petition as to A lexis

. DSHS also placed Paul and Allison in the ca re of their biological 

### FILED MARCH 15 , 2018 In the Office of the Clerk of Court WA State Court of Appeal s, Division IIINo. 35228

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2 father. From April thr ough September 2013, Sargent and Bartholomew Ferris participated in drug treatment , family and individual counseling , and Family Treatment Court (FTC). Sargent then complied with drug treatment obligations. As a result, Alexis returned to her parents’ ca re on November 13, 2013 with the condition that each parent continue with services. Within a week , Paul and Allision also returned to Sargent’s care. O n December 27, 2013, Nina Sargent bore Patrick Ferris. Through February 1, 2014, Sargent complied wit h FTC rules and delivered clean urinalysis (UA) results

. Nevertheless, in early 2014, father Bartholomew Ferris violated court rules and tested positive for marijuana. Unfortunately, at some date b e tw een February and April 2014, Nina Sargent

r elapsed wi th methamphetamine use . Between February and August 2014, law enforcement responded to six domestic violence calls at the Sargent

- Ferris home. In July 2014, t he FTC discharged the parents from court participation due to continued domestic violence. On September 1 5 , 2014 violence erupted again between Nina Sargent and Bartholomew Ferris. Ferris threw a high chair . The wheel of the high chair scraped Alexis’ foot and left a mark. Patrick, then nine months old, suffered mild injuries from either the cha ir or some other force source . In October 2014, DSHS removed all four children from the custody of Nina Sargent and Bartholomew Ferris. Reasons for the removal included the parents’ drugNo. 35228

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3 use, violence between Sargent and Bartholomew , a chaotic and unsta ble home, poor use of financial resources resulting in the children’s hunger, and mental health concerns about Sargent. On November 24, 2014, the trial court entered a dependency for Patrick Ferris

. Patrick Ferris’ dependency order required Nina Sargent to: (1) participate in random urinalysis testing , (2) not associate with persons who abuse unlawful substances and who do not s uppor t a recovery lifestyle, (3) implement a re covery and relapse prevention plan develop ed during her drug treatment , (4) obtai n and maintain employment , (5) participate in weekly counseling with Comprehensive Mental Health Services to address anxiety and depression , (6) complete domestic vio lence treatment with Stan Woody, and (7) meet with DSHS social worker Janel Torrescano a m inimum of once a month. DSHS provided Sargent gas money to travel from Walla Walla to the Tri

- Cities to obtain domestic violence treatment from St an Woody

. Nina Sargent submitted to counseling from A lyssa Richards at Comprehensive Mental Health Services in Walla Walla from October 2014 until the parental rights termination trial in early 2017 . Richards provided counseling sessions twice a month to address Sargent’s anxiety, depression, and p ost t raumatic s tress d isorder. Richards’ schedule did not permi t the weekly sessions required in Patrick’s de pendency order. Nina Sargent made little progress in drug treatment through the summer of 2 015. During this time, Sargent participated in group community support meetings but failed toNo. 35228

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4 complete homework. Ne vertheless, Sargent passed methamphetamine urinalyses. She tested po sitive for oxycodone use , but informed her social worker that she needed the opioid for pain. Through the summer of 2015, Sargent participated in Early Head Start classes. She acted app ropriately during visitation with her children. Nina Sargent ended her relationship with Bartholomew Ferris in the summer of 2015. Sargent last saw Ferris at a yard sale in August 2015. Beginning in July 2015, Nina Sargent decreased her participation in court

- ordered services. Sargent missed visits with her children and skipped appointments with Serenity Point, the drug treatment center. Sargent ceased attending domestic violence counseling and missed a urinalysis. Sargent explained to social worker Janel Torrescano that she suffered stress and anxiety resulting from work and attending domestic violence treatment an hour away in the Tri

- Cities

. Torrescano offered to drive Sargent to the
treatment appointments if Sargent’s vehicle was inoperable. In January 2016, Stan Woody terminated Sargent’s d omestic violence treatment because of her many absences. The trial to terminate Nina Sargent’s parental rights to daughter Alexis began in October 2015 and finished in February 2016. The trial court termin ated Sargent’s rights to Alexis. The dependency for Patrick Ferris continued thereafter. On February 29, 2016, S argent tested positive for meth amphetamine. Between March and April 2016, Nina Sargent completed a 21

- day inpatient detox ification program a t Sundown M Ranch t reatment c enter in Yakima

. After finishingNo. 35228

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5 inpatient treatment, Sargent underwent intensive outpatient treatment three days a week for three hours per day at Serenity Point Counseling Services in Walla Walla. After graduating from inte nsive outpatient treatment on July 5, 2016, she commenced a traditional outpatient treatment program, by attending weekly group sessions and individual sessions one to three times a month

. Serenity Point counselors noticed improvement in Sargent’s conditi on. Sargent assumed r esponsibility for her own actions and talked positively. She successfully completed urinalyses. Nina Sargent also reengaged in mental health services from Alyssa Richards at Walla Walla’s Comprehensive Mental Health Services. Rich ards then described Sargent as motivated and determined. Yet, Richards could only meet with Sargent twice a month. DSHS social worker Janel Torrescano expressed concern about the infrequent meetings and recommended that Sargent attend weekly sessions wit h a different therapist with

more availability. Sargent rejected the recommendation. Torrescano also offered Sargent another counselor with experience in concurrent treat ment of drug addiction and mental health issues . Sargent again refused the offer. Nina Sargent resumed domestic violence counseling with Stan Woody and attended forty

- two group counseling sessions. According to Woody , completing forty

two sessions exhibited persistence. Woody also found that Sargent understood accepting

r esponsibilit y for her conduct , an understanding crucial to success. By August 2016, Sargent’s condition had improved, but t he living situation of children Paul Sargent andNo. 35228

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6 Allison Aguirre h ad deteriorated

. After temporary placement of the two older children elsewher e, DSHS returned the children to Sargent on a temporary basis. After a brief trial period, Sargent demonstrated she could work, participate in services, and care for the two children , so DSHS reunified Paul and Allison with Sargent in September 2016 on a permanent placement.
In October 2016, Nina Sargent’s life declined again. Janel Torrescano observed that Sargent could not “ function .” R eport of P roceedings (RP) at 280. Sargent’s drug treatment counselor, Andrea Dressler at Serenity Point , worried ab out Sargent’s behavior in part due to Sargent’s use of hydrocodone and muscle relaxants for back pain. Sargent missed visits with son Patrick Ferris, stopped attending domestic violence counseling, ceased attending drug treatment sessions, and ended urina lyses. Counselor Alyssa Richards observed a decline in Nina Sargent’s attitude that Richards attributed to the pending ter mination trial for Patrick Ferris and the loss of parental rights to Alexis Sargent. Richards noticed Sargent slept excessively, su ffered fatigue and lethargy, and sat on a couch instead of participating in services. Richards recommended a mentally ill chemical abusers program that, as one previously offered to Sargent, provide d concurrent treatment for mental illness and substance a buse. Unfortunately, Sargent could not access the concurrent treatment until after Pa trick’s termination trial. In December 2016, Serenity Point discharged Sargent from counseling because of her refusal to engage in treatment. In the same month, Stan Wo ody dismissedNo. 35228

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7 Sargent from gro up domestic violence treatment because of her absences

. Patrick Ferris turned three years old that December.
Due to a deterioration in Nina Sargent’s condition, DSHS provided intensive family preservation services in the ho me. DSHS furnishes f amily preservation for four weeks in order to prevent removal of children whe n removal looms imminent. DSHS offered the services to prevent removal of Paul Sargent and Allison Aguirre, who remained in the home of Nina Sargent. Sargen t continued to refuse services through January 2017. PROCEDURE Trial concerning termination of Nina Sargent’s and Bartholomew Ferris’ parental rights to Patrick Ferris proceeded in February 2017. The trial court then heard testimony from many expert wi tness es concerning the condition and behavior of Sargent. Patrick Flores , a c ertified c hemical d ependency professional at Serenity Point whe re Nina Sargent attended drug treatment , testified to treatment needed by Sargent

. Flores opined that Sargent need s to complete drug treatment in order to parent. The necessary treatment included another round of inpatient drug treatment followed by four to six weeks of out

- patient treatment. Flores did not know the length of ne cessary inpatient treatment, but he no ted that a second round of inpatient treatment usually takes longer than the first round.No. 35228

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8 During trial, s ervice providers testified that Nina Sargent needs cognitive processing therapy to address her anxiety. This therapy needs pairing with addiction th erapy , and the combined therapy would last six months. Providers also testified that Sargent needs intensive family therapy , a six to eight

- month service. During trial, DSHS social worker Janel Torrescano averred that Nina Sargent could not remedy her p arental deficiencies no matter the length of treatment. Torrescano opined that Sargent cannot “ maintain stability for any length of time.” RP at 289. Torrescano distinguished Sargent’s ability to parent Patrick Ferris from her ability to parent Paul Sar gent and Allison Aguirre on the basis of the children’s respective age s . Because Paul and Allison were respectively nine and ten years old, Torrescano deemed the two older children capable of microwav ing f ood if need ed and approaching neighbors for assist ance. Torrescano testified that Nina Sargent’s neglect of care would place Patrick at risk

. Margaret Buchan, the court

- appointed special advocate for Patrick Ferris , also differentiated the needs of Patrick from his siblings, Paul and Allison, due to ag e. Patrick’s age of three rendered him vulnerable. Buchan concluded that Sargent could not safely parent Patrick. The trial court terminated the parental rights to Patrick Ferris in both Nina Sargent and Bartholomew Ferris.No. 35228

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9 LAW AND ANALYSIS On appea l, Nina Sargent assigns error to the trial court’s finding that the State provided all necessary services, that her parental deficiencies could not be remedied in the near future, and that she was an unfit parent. We discern no error. In a termination o f parental rights proceeding, the trial court holds broad discretion to evaluate the evidence in the light of the rights and safety of the child. In re Welfare of Siegfried , 42 Wn. App. 21, 27, 708 P.2d 402 (1985). We afford the trial court’s decision
gr eat deference on review and we uphold the trial court’s findings of fact if supported by substantial evidence. In re Dependency of K.S.C. , 137 Wn.2d 918 , 925, 976 P.2d 113 (1999). Substantial evidence constitutes evidence in sufficient quantity to persua de a fair

- minded rational person of the truth of the declared premise. World Wide Video Inc. v. City of Tukwila , 117 Wn.2d 382, 387, 816 P.2d 18 (1991). When we review the trial court’s findings for substantial evidence, we examine the evidence in a ligh t most favorable to the party that prevailed below. In re Welfare of A.B. , 168 Wn.2d 908, 924 n.30, 232 P.3d 1104 (2010). We may not decide the credibility of witnesses or reweigh the evidence. In re Dependency of A.V.D. , 62 Wn. App. 562 , 568, 815 P.2d 277 (1991). Termination of parental rights is a two

- step process. In re Welfare of C.B. , 134
W n . App. 942, 952, 143 P.3d 846 (2006). First, the State must establish six statutory requirements under RCW 13.34.180(1) b y clear, cogent, and convincing evid ence. RCW 13.34.190(1)(a) (i)

. Clear, cogent and convincing means highly probable. In re WelfareNo. 35228

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10 of M.R.H. , 145 Wn. App. 10, 24, 188 P.3d 510 (2008). Second, the State must show a termination order serves the best interests of the child. RCW 13.34.190( 1)(b). We list all statutory elements before addressing whether the evidence supports discrete elements. Before terminating a person’s right to parent his child, the State must prove six parental inadequacy elements: (a) That the child has been found t o be a dependent child; (b) That the court has entered a dispositional order . . . (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 unders tandably offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been expressly and understandably of fered or provided; (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. If the parent is incarcerated , the court shall consider whether a parent maintains a meaningful role in his or her child’s life based on factors identified in RCW 13.34.145(5)(b); whether t he department or supervising agency made reasonable efforts as defined in this chapter; and whether particular barriers existed as described in RCW 13.34.145(5)(b) including, but not limited to, delays or barriers experienced in keeping the agency apprised of his or her location and in accessing visitation or other meaningful contact with the child. RCW 13.34.180(1). Nina Sargent claims the State failed to demonstrate fulfillment of RCW 13.34.180(1)(d) and (e). In other words, Sargent challenges the tri al court’s finding ofNo. 35228

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11 two of the six statutory elements . She contends that the State of Washington did not offer or provide all reasonably available services and also argues that she can remedy any barriers to reunification in the near future. Nina Sarg ent describes her parental deficiencies as stemming from the stress and anxiety resulting from the return of he r two older children, maintaining a full

- time job, and complying with DSHS ordered services. Sargent further argues her inability to manage stre ss and anxiety caused her withdraw al from necessary treatment. Since the trial court conditioned parental fitness on the ability to complete treatment, Sargent reasons that the stress and anxiety created a barrier to reunification. In turn, Sargent fault s DSHS for failing to afford lengthier family preservation services and dual treatment for mental illness and substance abuse

. RCW 13.34.180 (1)(d) demands that, before terminating parental rights, the court find that “all necessary services, reasonably a vailable, capable of correcting the parental deficiencies within the foreseeable future have been expressly and understandably offered or provided.” Necessary services are those needed to address a condition that precludes reunification of the parent and child. In re Parental Rights to K.M.M. , 186 Wn.2d 466, 480 , 379 P.3d 75 (2016). The State’s burden in proving it offered all necessary services requires proof that it offered services tailored to each individual’s needs. In re Dependency of T.R. , 108 Wn . App. 149, 161, 29 P.3d 1275 (2001). The parent must have the opportunity to benefit from all services available to address a barrier to familyNo. 35228

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12 reunification. In re Parental Rights to B.P. , 186 Wn.2d 292, 316, 376 P.3d 350 (2016). Whe n DSHS offers the services, but the parent fails to take advantage of them, the State satisfies the requirement of RCW 13.34.180(1)(d). In re Welfare of M.R.H. , 145 Wn. App. at 26 (2008). The State of Washington introduced evidence that DSHS provided or offered Nina Sarg ent a ll necessary services

. DSHS provided mental health counseling, drug counseling, and domestic violence counseling. Sargent argues DSHS did not afford her services for anxiety and stress. Nevertheless, a fter the removal of Patrick Ferris from the hom e, Alyssa Richards provided counseling for Sargent’s anxiety and stress

. Due to Alyssa Richards’ busy schedule, Richards could meet with Nina Sargent only twice a month. Nevertheless, DSHS twice refer red Sargent to a different counselor that could meet more frequently. Each time Sargent re fused the offer for the service she now alleges a s necessary. Offering of services suffices. Nina Sargent next contends that DSHS failed to provide her dual treatment for mental illness and substance abuse. Neverth eless, DSHS presented evidence that it recommended Sargent treat with a dual provider, but Sargent again rejected the recommendation. Nina Sargent also argues DSHS should have afforded i ntensive family preservation services sooner. In so arguing, Sargen t misunderstands the nature of family preservation services. The service does not send a provider to a home to teach the parentNo. 35228

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13 how to cope with the responsibilities of daily life that includes having a job, chi ldren, and maintaining a home. Family prese rvation services lasts four weeks and is designed to prevent the removal of children whe n removal appears imminent. Patrick had already been removed from the home

. Thus, Sargent does not show family preservation services to be a necessary service or even a viable option. Nina Sargent cites In re Parental Rights to B.P. , 186 Wn.2d 292 (2016) to support her position on appeal

. We find B.P. inapposite. In B.P. , the mother successfully remedied al l parental deficiencies , but the State demanded termination of rights on the theory that the child had not attached or bonded with the mother. DSHS failed to provide available a ttachment services. Nina Sargent has not corrected all of her parental deficiencies despite all the services DSHS offered or provided. A ttachment services are irrelevant. Nina Sargent next contends that the trial court erred by finding that the State proved little likelihood that she can remedy conditions that prevent the return of Patrick Ferris in the near future

. A presumption lies t hat the State fulfills this element of termination if a parent fails to substantially improve deficiencies within twelve months following entry of the dispositional order. In re Dependency of A.C. , 123 Wn. App. 244, 249, 98 P.3d 89 (2004). According to c ourt preceden t , a determination of what constitutes the near future depends on the age of the child. In re Welfare of Hall , 99 Wn.2d 842, 851 , 6 6 4 P.2d 1245 (1983). One year has been held outside the near futureNo. 35228

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14 for both a three year old and a six year o ld. In re Dependency of A.C. , 123 Wn. App. at (2004); In re Dependency of T.R. , 108 Wn. App. at 164

- 65 (2001). Nina Sargent must still com plete drug treatment, individual counseling for anxiety, stress, and addiction, and intensive family therapy. Accor ding to experts, the therapy, treatment, and counseling would require at least twelve months. Patrick Ferris was three years old at the time of trial. Other testimony established that Sargent could not remedy her parental deficiencies no matter the amoun t of assistance. The pre sumption that Nina Sargent will be unlikely to remedy her deficiencies appl ies in this case. The trial court found Patrick Ferris dependent on November 24, 2014

. Sargent progressed minimally in drug treatment in the winter of 20 14

- 2015. From November 2014 through April 2015, Sargent advanced little in following the court’s order regarding treatment and services as a whole. Sargent inconsistently participated in

m ental health counseling during this period . In January 2016, Stan Woody terminated Sargent from domestic violence treatment because of undue appointment absence s. On February 29, 2016, Sargent tested positive for methamphetamine. Thus, by November 24, 2015 and beyond, Sargent failed to substantially improve her parent al deficiencies. Nina Sargent also assigns error to the trial court ’s ultimate finding that she is currently unfit to parent Patrick Ferris. Once the State proves the initial six statutory elements by clear, cogent, and convincing evidence, the trial co urt concentrates on whether termination furthers the child’s best interests. In re Dependency of A.M.M. , 182No. 35228

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15 Wn. App. 776, 784

- 85 , 332 P.3d 500 (2014). The State must prove that termination is in the best interests of the child by a preponderance of the evidence. In re Dependency of
A.M.M. , 182 Wn. App. at 784

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. The fundamental liberty interest of natural parents in the care, custody, and management of their child does not evaporate simply because they have not been model parents or have lost tempora ry custody of their child to the State. Santosky v. Kramer , 455 U.S. 745, 753, 102 S. Ct. 1388, 71 L. Ed. 2d 599 (1982). A parent has a due process right not to have the State terminate his or her relationship with a natural child in the absence of an ex press or implied finding that, at the time of trial, he or she is unfit to parent the child. In re Welfare of A.B. , 168 Wn.2d at 918 (2010). As noted earlier, proof of the six stat utory elements of RCW 13.34.180(1) satisfies the due process requirement
t hat a parent be found currently unfit. In re Dependency of K.N.J. , 171 Wn.2d 568, 577, 257 P.3d 522 (2011). The State of Washington proved the six statutory elements. This alone satisfies the due process requirement of finding parental unfitness. In a ddition, multiple witnesses testified at trial to their concerns regarding Nina Sargent ’s ability to parent Patrick Ferris

. Margaret Buchan and Janel Torrescano both concluded that Sargent could not safely parent Patrick

. Sargent ’s older children could c are for themselves to some degree if urgently necessary, but Patrick could not. Patrick would be at risk of neglect if returnedNo. 35228-5-111 In re Parental Rights to P.L.F.

to his mother's care. Given the testimony and evidence presented, the trial court committed no error when finding Sargent unfit to parent Patrick. Nina Sargent finally assigns error to other findings of fact and conclusions of law. Nevertheless, Sargent fails to argue, brief or support these assignments with citation to authority. This court does not review errors alleged but not argued, briefed, or supported
with citation to authority. RAP 10.3; Valente v. Bailey, 74 Wn.2d 857, 858, 447 P.2d 589 (1968). CONCLUSION
We affirm the trial court's termination of Nina Sargent's parental rights to her son,
Patrick Ferris. 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.

WE CONCUR: 

# :?rtM{JuJ I 

# 2f
doway,J.

# ~

Pennell, J.
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