IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON In the Matter ofthe Welfare of A.M.MA, DOB: 10/14/11, A minor child. STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Respondent,

ANTONIAL MONROE, Appellant. ) No. 74202-7-I ) (Consolidated with No. 74203-5-I) ) DIVISION ONE

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CO CO •ZL<. ) FILED: August 15, 2016 Schindler, J. —Antonial Monroe appeals the orderterminating his parental rights to A.M.M.A. and denying his guardianship petition. Monroe asserts the court 

### erred indenying his motion for a continuance and insufficientevidence supports finding

a guardianship was not inthe best interests ofthe child, the proposed guardian was not suitable, and he did not play a meaningful role inthe child's life. Because the courtdid not abuse its discretion in denying the continuance and substantial evidence supports the challenged findings, we affirm.No. 74202-7-1 (Consol. with No. 74203-5-l)/2
Monroe is the father ofA.M.M.A., born October 14, 2011. AfterA.M.M.A. was 

### born, Monroe had only sporadic contactwith A.M.M.A. and the mother.1 The child's mother and A.M.M.A. lived with the maternal grandmother. When A.M.M.A. was about six months old, Monroe was convicted of promoting 

### prostitution inthe firstdegree and possession of a controlled substance. Monroe has been in prison since July 2012. His early release date isApril 2021. 

### When A.M.M.A. was abouttwo years old, his mother's behaviorbecame erratic. 

### She was living "from couch to couch" and in her car. She routinely dropped A.M.M.A. off at her mother's house and then disappeared for a day or two. Aftershe disappeared for three weeks, her mother called Child Protective Services. 

### The Washington State Departmentof Social and HealthServices (Department) filed a dependency petition. The courtentered an agreed dependency order on May 7, 2014. The disposition orderrequired Monroe to participate in a psychological evaluation with a parenting component, a substance abuse evaluation, random 

### urinalysis, a domestic violence assessment, and a parenting class. The court also authorized Monroe to have supervised visitation withA.M.M.A. inprison. 

### The Departmentplaced A.M.M.A. in foster care while investigatingplacement with a relative. Monroe's half-brother Cortez Jackson and his partner Lorraine Lahas 

### volunteered to care forA.M.M.A. Monroe agreed. In May 2014, the court ordered relative placementwithJackson and Lahas. Between March 2012 and March 2014, Monroe had one visit with A.M.M.A. in 

### prison. From October 2014 to June 2015, A.M.M.A. regularly visited Monroe in prison

1The trial court terminated the mother's parental rights toA.M.M.A. She is not a party to this appeal.No. 74202-7-1 (Consol. with No. 74203-5-l)/3

once or twice each month for two hours. On January 13, 2015, the Departmentfiled a petition to terminate parental rights to A.M.M.A. The petition identified parental deficiencies of Monroe including a history of domestic violence, substance abuse, and lack of parenting skills. The Department alleged neither parentwas capable ofproviding an adequate, stable, and safe environment for A.M.M.A. Afterthe Departmentfiled the termination petition, Monroe contacted Department social worker Natalie Judd about establishing a guardianship for A.M.M.A. and appointing his grandmother Bernice Nurse as the guardian. The Department maintained that Nurse's 1991 conviction for domestic violence assault inthe second degree disqualified herfrom both a guardianship and having 

### unsupervised contactwithA.M.M.A. But in May 2015, the dependency court authorized Nurse to drive A.M.M.A. to prison to visit Monroe. The dependency court and the 

### Department made clearto Nurse that no one else could accompany her on the visits to prison withA.M.M.A. The Department advised Nurse ofthe prison schedule and frequency ofthe visits. 

### On June 12, Nurse was going to drive A.M.M.A. to prison forthe first time. After she encountered some difficulties incomplying withthe prison schedule, social worker Judd leftNurse a telephone message reminding her ofthe required visittimes. On June 26, Nurse was scheduled to pick up A.M.M.A. from daycare at about 

### 12:00 p.m. Nurse got lost on the way and did not arrive until 2:30 p.m. Daycare staff informed Nurse she was too late because Lahas planned to take A.M.M.A. to an appointment at 4:00 p.m.No. 74202-7-1 (Consol. with No. 74203-5-l)/4

Nurse called Monroe about the cancelled visit. The call was recorded. 

### Nurse: . . . [Y]ourgrandmother is so fuckin', fuckin' pissed. It's pathetic. Idrove all the way outthere Tony. All the way out there
.... I'm so mad at these mother fuckers, Idon't know what to do. . . . They can't do this.
. . . Monroe: Oh, I'm gonna kill [Lahas]. I'm gonna kill her. Nurse: (Unintelligible) I'll tell you to. 

### Monroe:
... I'mgonna fuck up [Jackson's] whole house. Igot some hitters. Nurse: Hey. Monroe: Idon't care about none ofthat. Idon't care about none ofthat. He crossed the line.
... Igot some littlecats that will go out there and tearthat house up with them kids in it. 

### Monroe continued to make threats ofviolence against his half-brotherJackson during 

### the call. Atone point, Nurse told Monroe the problem was not withJackson, but with
Lahas.

### After the call from Nurse, Monroe left a threatening message on Jackson's answering machine. 

### You punk ass . . . , you got this bitch tryin' to dictate my motherfuckin' son . . . when you shoulda gave my son ... to mygrandmother. . . . Youcan 

### play this for the courts
.... I'm gonna smokeyou .... I'm gonna smoke you and that bitch
.... Fuck you and your kids
.... They can diewith you

.... That's how serious I am. 

### Monroe also called his girlfriend Brandi White and told her to assault Lahas. You need to go and beatthatbitch's [(Lahas's)] ass. That's what you need to do. . . . You need to pullthat bitch by her hair, and drag her all up and down the street. You don't even need to hitthe bitch. Drag her by 

### her hair, up and down the motherfuckin' street. Make the bitchget concrete burns.
... Iwantyou to beatthat bitch's ass, that's what Iwant you to go do.

### No. 74202-7-1 (Consol. with No. 74203-5-l)/5 Jackson told the Department aboutthe threats and expressed fearforthe safety of his family. Jackson and Lahas requested A.M.M.A. be removed from their care. Based on the nature ofMonroe's threats and the potential risks, the Department placed A.M.M.A. in foster care. On July 21, Monroe filed a guardianship petition asking the courtto appoint Nurse as A.M.M.A.'s guardian. The court consolidated the guardianship petition and the petition to terminate parental rights for trial beginning September 2, 2015. A.M.M.A.

was nearly 4 years old at the time. On August 27, 2015, six days before the scheduled trial date, Monroe filed a motion to continue the termination trial and require the Departmentto investigate guardian placementwith Nurse. Monroe noted the Office of Public Defense had completed a favorable home study but said the study was limited in scope because of the lack of access to information from the Department. On September 1, the Departmentfiled a motion to dismiss the guardianship petition. The Department asserted the 1991 conviction for domestic violence assault in the second degree permanently disqualified Nurse. Atthe beginning of trial on September2, Monroe renewed his motion for a twoweek continuance based on late disclosure ofdiscovery and the need for additional time to prepare for trial. The courttook a recess to allow Monroe's attorney to review the discovery. Following the recess, the court denied the motion for a continuance. However, the court permitted the attorney to renew the motion at a latertime ifthe late disclosure ofevidence prejudiced Monroe. Social worker Judd testified she worked with the Department of Corrections (DOC) counselorto determine what services were available to Monroe inprison. JuddNo. 74202-7-1 (Consol. with No. 74203-5-l)/6 remained in regular contactwith Monroe during the dependency. Monroe was able participate inparenting classes and completed a psychological evaluation. Judd testified she repeatedly told Nurse aboutthe prison schedule and the length of visits. Judd testified that after the Departmentfiled the termination petition, Monroe became increasingly angry and aggressive. Judd discontinued telephone contact and communicated with Monroe only by letter. Margaret Hobbs, Monroe's DOC classification counselorduring his current incarceration and a previous incarceration, testified. Hobbs said Monroe had been in prison at various times from 1995 through 2015 and committed hundreds of infractions. During 2014 and 2015, Monroe received 23 infractions for assaulting staff, making threats, disobeying prison rules, and resisting stafforders. During 2015, Monroe committed 8 major infractions. Hobbs estimated Monroe lost approximately 300 days of good conducttime as a result of prison disciplinary proceedings. DOC required Monroe to complete anger management courses in 2006, 2013, and 2014. Hobbs stated itwas unusual to require an inmate to complete more than one anger management course. Throughout her contactwith Monroe, Hobbs observed no real change in Monroe's aggressive behavior. Atthe time of trial, Monroe was inclosed custody, the second highest custody level. DOC correctional unit supervisorJeffrey Flick was a counselor inthe intensive management unit (IMU) in 2014 and 2015. According to Flick, inmates are placed inthe IMU when they pose a risk to the general prison population. During his current incarceration, DOC placed Monroe inthe IMU six times. Flick said Monroe's aggressiveNo. 74202-7-1 (Consol. with No. 74203-5-l)/7 

### behaviorcontributed to the risk he posed to DOC personnel and the prison population. Mr. Monroe does not like the word no. And when he gets bad news he misbehaves. He threatens people. He just poses a real threat to the safety ofthe institution, officers, and other inmates. Monroe testified he cared for A.M.M.A. only sporadically to the extent his 

### employment allowed afterthe childwas born. While he was in jail for criminal charges, Monroe attempted to keep intouch withA.M.M.A. but did not askfor visits. After he

was incarcerated in prison, Monroe obtained a parenting plan inJuly 2013 to facilitate visits with A.M.M.A. Monroe was angry when the Department intervened because he believed A.M.M.A.'s mother had been deceiving him aboutthe condition ofthe child. Monroe said he participated in all available services in orderto facilitate contact 

### withA.M.M.A. without regard to whether he thought services were necessary. During the visits, Monroe would watch movies with A.M.M.A., color, construct various items, and read stories to the child. Monroe also sent pictures and letters to A.M.M.A. 

### Monroe admitted he became upsetwith Jackson afterthe missed visit inJune. Monroe said Jackson was "tricked into playing" the telephone recording and did not 

### really want to stop caring forA.M.M.A. Monroe claimed he called Jackson thefollowing day and apologized. During the call, Monroe learned Jackson had not requested the 

### change inplacementbut Lahas had "madethatcall." Monroe testified he believed there

were several otherfamily members available to care forA.M.M.A. 

### The witnesses at trial agreed Monroe's visits withA.M.M.A. were positive and appropriate. According to social workerJudd, A.M.M.A. would hug Monroe and call him 

### "daddy." Monroewas always attentive toA.M.M.A. and played with him appropriately. Judd testified A.M.M.A. was adapting very well to his new placement and she had never seen him as playful and talkative. A.M.M.A.'s new caregivers were eagertoNo. 74202-7-1 (Consol. with No. 74203-5-l)/8 adopt him. Judd testified that adoption by the current caregivers and termination of Monroe's parental rights was inthe best interests of A.M.M.A. Judd said A.M.M.A. was moved around considerably inthe child's young lifeand A.M.M.A. needed a consistent, safe, and stable home. Judd testified that Monroe's "controlling behavior, his aggressiveness, his manipulative behaviorwould be detrimental and dangerous to this child and to whateverfamily has placement or adopts this child." Guardian ad litem (GAL) Marianne Yamashita agreed termination ofMonroe's parental rights was inthe best interests of A.M.M.A. Yamashita acknowledged that incarcerated parents can maintain relationships with their children but stated Monroe lacked an understanding of how to meetA.M.M.A.'s developmental needs and would not be in a position to parentA.M.M.A. for many years. Yamashita noted Monroe was 

### disruptive to relative placement and seemed "to be more focused on his own needs 

### than those of[A.M.M.A.]." Yamashita concluded A.M.M.A.'s need for safety, stability, and permanence outweighed the child's need for a family connection. 

### The courtfound Monroe had not played a meaningful role in A.M.M.A.'s life. The courtfound guardianship was not inthe best interests ofA.M.M.A. The court denied the guardianship petition and found Nurse was not a suitable guardian. The court terminated Monroe's parental rights to A.M.M.A. Motion to Continue Monroe contends the court erred in denying his motion for a continuance. 

### Monroe argues a continuance was necessary to permitthe court to fully and fairly consider his guardianship petition as an alternative to termination. Monroe also maintains denial ofthe continuance violated his constitutional right to effective 

### assistance ofcounsel and his due process right to present allrelevant evidence before

8No. 74202-7-1 (Consol. with No. 74203-5-l)/9 termination of parental rights. 

### "[P]arents have a fundamental liberty and privacy interest in the care and custody oftheir children." In re Welfare of N.M., 184 Wn. App. 665, 672, 346 P.3d 762 (2014) 

### (citing Santoskv v. Kramer, 455 U.S. 745, 753, 102 S. Ct. 1388, 71 L. Ed. 2d 599 (1982)). Consequently, due process "requires that parents have the ability to present all 

### relevant evidence for the juvenile court to consider prior to terminating a parent's rights." Inre Welfare of R.H., 176Wn. App. 419, 425-26, 309 P.3d 620 (2013). 

### An appellate court reviews the trialcourt's denial of a continuance for a manifest abuse ofdiscretion. In re Dependency ofV.R.R., 134Wn. App. 573, 580, 141 P.3d 85 

### (2006). We will affirm the decision " 'unless no reasonablejudge would have reached the same conclusion.'" N.M., 184Wn. App. at 673 (quoting In re Marriage of Landry, 103 Wn.2d 807, 809-10, 699 P.2d 214 (1985)). When deciding a motion to continue, 

### the court must consider "diligence, due process, the need for an orderly procedure, the 

### possible effect on the trial, and whether priorcontinuances were granted." V.R.R., 134 Wn. App. at 581. 

### Becausetermination proceedings are necessarilyfact specific, denial of a continuance to explore a guardianship is notperse reversible error. N.M., 184Wn. 

### App. at 672. Toestablish that the denial of a motion to continue violates constitutional due process rights, a parentmust demonstrate either prejudicefrom the denial or that the result ofthe trial would have been different ifthe continuance was granted. V.R.R., 134 Wn. App. at 581. 

### Sixdays before the scheduled trial, Monroefiled a motion for a two-week continuance to require the Departmentto investigate Nurse as a guardian forA.M.M.A. The court did not abuse its discretion indenying a two-week continuance forfurther

### No. 74202-7-1 (Consol. with No. 74203-5-l)/10 

### investigation of Nurse as a potential guardian. The record shows Monroe and his attorney knew for more than a yearthat the Departmenttook the position that Nurse
was permanently disqualified from appointment as a guardian because of her 1991
conviction. 

### R.H. is distinguishable. In R.H., the proposed guardian, an aunt, was identified four months before the termination trial. R.H., 176 Wn. App. at424. The Department 

### had completed the necessary background check and was in the process of approving the auntforguardianship placement. R.H., 176Wn. App. at 424. At the termination trial, the Departmentwas optimisticabout permanently placing the childrenwith the aunt. R.H., 176Wn. App. at 429. Underthese circumstances, the denial of a timely continuance to complete the investigation of the auntforguardianship placement 

### violated the father's due process rights to presentall material evidence prior to the termination ofparental rights. R.H., 176 Wn. App. at 429. 

### By contrast, Monroefiled a last-minutemotion for a two-week continuance to require the Department to undertake an investigation of Nurse as a potential guardian 

### even thoughMonroe understood the Department'spositionthat Nurse was permanently disqualified under itsrules. In any event, although the court agreed the conviction 

### permanentlydisqualified Nursefrom acting as the guardian, the court alsoconsidered 

### theguardianship petition on themerits andfound Nursewas notsuitable as aguardian. Underthese circumstances, Monroe cannot show eitherprejudice fromthe court's 

### denial of his untimely requestfor a continuance or that the result would have been
different. 

### Monroe also argues denial of his requestfor a continuance violated hisrightto 

### due process and effective assistance of counsel. On thefirst day oftrial, Monroe's

10No. 74202-7-1 (Consol. with No. 74203-5-l)/11 attorney told the court he needed a two-week continuance to review late discovery the Department hadjust provided. The attorney also told the court Monroe hadjust identified two potential witnesses that he needed to interview. In addition, the attorney said he needed additional time with his client because DOC limited his access to Monroe before trial. The courttook a recess that lasted one and one-halfhours to permitthe attorney to review the discovery and contactthe potential witnesses. After the recess, the 

### attorney acknowledged he had sufficient time to review the discovery but said he still needed the continuance to prepare for trial. While claiming limited access to Monroe in the months before trial hampered his ability to prepare for trial, the attorney offered no 

### explanation for waiting untilthe first day of trial to raise the issue, and acknowledged he had "a couple ofsubstantive conversations" with Monroe. The court denied the 

### continuance but ruled the attorney could renew the motion at any point during the trial if the late information "becomes critical. . . [or] you feel somehow it's prejudicing you." 

### Duringthe course of trial, Monroe's attorney did not renewthe motion for a continuance or assert he was prejudiced bythe late disclosure ofinformation or the 

### inability to contactthe two potential witnesses Monroe identified. The attorney never suggested his ability to consultwith Monroe during trialwas inadequate, and Monroe does not indicate how his attorney's performance was deficient during the trial. Given the timing ofthe motion forcontinuance, the attorney's ability to review the 

### discovery, the court's willingness to allowcounsel to renew the motion should circumstances warrant, and the absence ofany prejudice or indication thatthe 

### attorney's performancewas deficient, the court did not abuse itsdiscretion in denying a

11No. 74202-7-1 (Consol. with No. 74203-5-l)/12 continuance on the first day of trial, and denial ofthe continuance did not violate Monroe's due process rights. Termination of Parental Rights and Guardianship Petition Monroe contends the trial court erred interminating his parental rights because 

### guardianship was an available and permanent alternative thatwould have allowed A.M.M.A. to maintain family ties. 

### When determining whetherto establish a guardianship, the court considers the following statutory factors: 

### (i) The child has been found to be a dependent child under RCW 13.34.030; 

### (ii) Adispositional order has been entered pursuantto RCW 13.34.130; 

### (iii) Atthe time of the hearing on the guardianship petition, the child has or will have been removed from the custody ofthe parentfor at least 

### six consecutive months following a finding ofdependency under RCW 13.34.030; 

### (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 ofcorrecting the parental deficiencies withinthe 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 inthe nearfuture; and 

### (vi) The proposed guardian has signed a statement acknowledging 

### the guardian's rights and responsibilities toward the child and affirming the guardian's understanding and acceptance that the guardianship is a commitmentto provide care forthe child untilthe child reaches age eighteen. RCW13.36.040(2)(c). 

### The court shall order a guardianship ifthe six statutoryfactors of RCW 

### 13.36.040(2)(c) are established by a preponderance of the evidence and the court finds guardianship, ratherthan termination, is in the child's best interests. RCW 13.36.040(2)(a); see also In re Welfare ofA.W., 182 Wn.2d 689, 698-99, 344 P.3d 1186 (2015).

12No. 74202-7-1 (Consol. with No. 74203-5-IV13 Before the court can terminate parental rights, the Department mustfirst prove the following statutory factors by clear, cogent, and convincing evidence: (a) Thatthe child has been found to be a dependent child; (b) That the court has entered a dispositional order pursuantto RCW 13.34.130; (c) Thatthe child has been removed or will, at the time ofthe hearing, have been removed from the custody ofthe parentfor a period of at least six months pursuantto a finding ofdependency; (d) Thatthe services ordered under RCW 13.34.136 have been expressly and understandably offered or provided and all necessary services, reasonably available, capable ofcorrecting the parental deficiencies within the foreseeable future have been expressly and understandably offered or provided; (e) Thatthere is littlelikelihood that conditions will be remedied so thatthe child can be returned to the parent inthe nearfuture
. .. ; and (f) That continuation ofthe parent and child relationship clearly 

### diminishes the child's prospects for early integration into a stable and permanent home. RCW 13.34.180(1). 

### Ifthe Department proves the six termination factors, the courtthen determines by

a preponderance ofthe evidence whethertermination is inthe child's best interests. RCW 13.34.190(1)(b); see In re Welfare ofA.B., 168 Wn.2d 908, 911, 232 P.3d 1104 

### (2010). The availability of a guardianship is evidence the court should considerwhen 

### determining whetherthe Departmenthas met its burden of proving RCW 13.34.180(1)(f) ("continuation ofthe parent and child relationship clearly diminishes the child's 

### prospects for early integration into a stable and permanent home"). R.H., 176Wn. App.

at 428-29. 

### Although the burden of proof is different, the first fivestatutory elements for guardianship and termination are identical. See RCW 13.36.040(2)(c)(i)-(v) 

### (guardianship); RCW 13.34.180(1 )(a)-(e) (termination). Here, the court found that because the parties agreed the statutory elements were satisfied, "there is no need to

13No. 74202-7-1 (Consol. with No. 74203-5-l)/14


### prove them and the court makes the finding thatthey are true." In determining whether a guardianship is inthe best interests ofthe child, the court considers the specific facts ofeach case. AAA/., 182 Wn.2d at 711. Relevant factors may include: [T]he strength and nature ofthe parent and child bond, the benefitof continued contactwith the parent or the extended family, the need for continued State involvement and services, and the likelihood that the child may be adopted ifparental rights are terminated. A.W., 182Wn.2dat712. Substantial evidence supports the finding that guardianship was not inthe best interests of A.M.M.A. The witnesses agreed Monroe was generally kind and caring and played appropriately with A.M.M.A. during the visits. The court acknowledged Monroe demonstrated "some level ofbond with the child, for 1 - 2 hours at a time." But social worker Judd characterized the role Monroe played inthe child's lifeas "minimal." For the first three years ofA.M.M.A.'s life, Monroe had only sporadic contactwith the child. After October 2014, Monroe had regular visits in prison butfor only two hours once or twice a month. Monroe's aggressive behavior inprison resulted in numerous serious infractions, and repeated restrictions on his custody status limited his contactwith A.M.M.A. and lengthened his incarceration. Further, at the time of trial, A.M.M.A. was living in a stable foster home with 

### caregivers approved to adopt. Both Judd and GALYamashita supported the adoption and the termination ofMonroe's parental rights because ofthe safety risks resulting from his manipulative, controlling, and aggressive behavior. Monroe contends the trial court erred indismissing the guardianship petition and 

### terminating his parental rights because he maintained a meaningful role in A.M.M.A.'s

14No. 74202-7-1 (Consol. with No. 74203-5-l)/15 

### life. Monroe argues the courtwas therefore required to consider placements thatwould allow him to maintain the relationship. See RCW 13.34.180(5) (when a parent is sentenced to a long-term incarceration and has maintained a meaningful role inthe child's life, the Department must consider placements that allow the parentto maintain the relationship). In 2013, the legislature amended RCW 13.34.180(1 )(f) to impose additional requirements for incarcerated parents: Ifthe parent is incarcerated, the court shall considerwhether a parent maintains a meaningful role in his or her child's lifebased on factors identified in RCW 13.34.145(5)(b); whetherthe department or supervising agency made reasonable efforts as defined inthis 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 contactwith the child. Laws of2013, ch. 173, §4. RCW 13.34.145(5)(b) provides: The court's assessment ofwhether a parentwho is incarcerated maintains 

### a meaningful role inthe child's lifemay include consideration ofthe following: 

### (i) The parent's expressions or acts ofmanifesting concern forthe child, such as letters, telephone calls, visits, and otherforms of communication with the child; 

### (ii) The parent's efforts to communicate and work withthe department or supervising agency or other individuals forthe purpose of 

### complying withthe service plan and repairing, maintaining, or buildingthe parent-child relationship; 

### (iii) Apositive response by the parentto the reasonable efforts of the department or the supervising agency; 

### (iv) Information provided by individuals or agencies in a reasonable position to assistthe court in making this assessment, including but not limited to the parent's attorney, correctional and mental health personnel, or other individuals providing services to the parent; 

### (v) Limitations inthe parent's access to family support programs, therapeutic services, and visiting opportunities, restrictions to telephone and mail services, inability to participate infoster care planning meetings,

15

### No. 74202-7-1 (Consol. with No. 74203-5-l)/16 

### and difficulty accessing lawyers and participating meaningfully in court proceedings; and (vi) Whetherthe continued involvement ofthe parent inthe child's life is in the child's best interest. 

### See generally, Inre Dependency ofD.L.B.. No. 92448-1, 2016 WL3912615 (Wash. July 14, 2016). 

### To demonstrate a meaningful role in A.M.M.A.'s life, Monroe points to evidence 

### that he filed a parenting plan, succeeded in having A.M.M.A. placed with a family member, made every possible effort to improve his parenting skills, sent pictures and letters to A.M.M.A., and maintained loving and appropriate contactduring visits. After determining that guardianship was not inA.M.M.A.'s best interests, the 

### court addressed whether "continuation ofthe parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home." RCW 13.34.180(1 )(f). The courtfound Monroe's admitted expressions of love and care did not result in a meaningful relationship. The court considered whether or not the father maintains a meaningful role inthe child's lifebased upon the factors in RCW 13 34 145(5)(b) and finds that the father has interacted with the child and has shown love and care, butthis alone does not result in a meaningful relationship^] The department made all reasonable efforts to reunify the child with the father, butthese efforts were not successful^] Services, including a psychological evaluation and parenting assessment, counseling, anger managementtreatment, were offered despite the father's incarceration^] There were no barriers to the father[.] The father had more visits than most courts would ever allow or order and the fatherfound a way to sabotage all ofthat, including missing visits because of his own misconduct in prison. As the court's finding reflects, the evidence demonstrates that despite completion ofmultiple anger management courses, Monroe continued to attemptto control and manipulate A.M.M.A.'s relative placement. Although he denied he was serious, Monroe's threatening telephone calls following the missed visit in June supportthe

16No. 74202-7-1 (Consol. with No. 74203-5-l)/17 

### Department's concern that Monroe's conduct posed a meaningful risk to the safety of relatives who mightcare forA.M.M.A. Monroe's ongoing aggressive behaviorin prison resulted in numerous serious infractions that limited his ability to visit A.M.M.A. and 

### significantlylengthened his sentence. Substantial evidence supports finding Monroe did not have a meaningful role inA.M.M.A.'s life. Proposed Guardian 

### Monroe contends the court erred in finding Nurse was not an appropriate 

### guardian. Monroe maintains Nurse is experienced in caring forchildren, has a neat and organized home, has a strong marriage, is an active communitypresence, and has an extended social support system. Monroe claims Nurse's confusion about compliance withsome of the Department and prison rules was understandable and did not disqualify her as a potential guardian. Nurse testified that afterthe court allowed herto transportA.M.M.A. to visits with 

### Monroe in prison, the Department never advised her of the visitation rules including the 

### prison schedule and the length ofvisits. Nurse acknowledged she understood she was notsupposed to allow anyone other than A.M.M.A. in the car. Nurse denied Monroe's girlfriend BrandiWhite was presentfor the June 26, 2015 visit. Nurse testified that because Monroe respected her, he would generally do what 

### she said. Nurse claimed she was able to "stand verytall" and "calm him down"even if 

### Monroe was "in an uproar." Nurse claimed she was notupset after the missed June 

### visit. The Departmentintroduced into evidence the recordings ofMonroe's calls after
the June missed visit.

17No. 74202-7-1 (Consol. with No. 74203-5-l)/18 The court rejected most of Nurse's testimony as not credible. The court considered guardianship in lieu oftermination and finds that the father's proposed guardian is not suitable[.]. . . After comparing the admitted phone recordings made following the missed visit inJune, 2015 with Mrs[.] Nurse's testimony, the court concludes that Mrs[.] Nurse would say or do anything to get custody ofthis child and concludes that much of Mrs[.] Nurse's testimony proved to be false[.] Although Mrs[.] Nurse said that her role in herfamily is to "stand tall" and "take responsibility" for her actions, the phone calls showed that she did not stand tall againstthe father and, instead, instigated and agitated his anger[.] She also attempted to allow Brandi White, the father's girlfriend, to have an unauthorized visit with the child and father and had unapproved overnight visits with the child even though she knew these actions were not approved[.] Mrs[.] Nurse's prior conviction ofAssault 2nd Domestic Violence with her spouse as the victim permanently disqualifies herfrom having unsupervised access to children[.] Although this Court previously waived that disqualification to allow limited contactfor purposes of 

### transporting the child to the prison for visits with the father, the court did not waive the disqualifierfor placement or guardianship[.] Mrs[.] Nurse 

### has not shown that she could be proper placementforthe child and that she would not be controlled by the father[.] Mrs[.] Nurse's conduct, 

### testimony and permanentdisqualifier allprove that it would not be in this child's best interests to be placed with her. 

### An appellate court defers to the trier of fact on issues of conflictingtestimony, credibility ofwitnesses, and the persuasiveness ofthe evidence. State v. Camarillo, 115 Wn.2d 60, 71, 794 P.2d 850 (1990). Such deference is particularly important in 

### proceedings affecting the parent and childrelationship because of "the trialjudge's advantage in having the witnesses before him or her." A.W., 182 Wn.2d at 711. Substantial evidence supports the court's finding that Nurse was not a suitable 

### guardian.2 Monroe contends that even if he did not designate another potential guardian in 

### his petition, the Departmentwas required to request a continuanceto investigate other

2Monroedisputes the court's conclusion that Nurse was disqualified from serving as a guardian under Departmentrules. Because the court addressed the guardianship petition on the merits and determined Nurse would not be a suitable guardian, we need not resolve this dispute.
18No. 74202-7-1 (Consol. with No. 74203-5-l)/19 

### potential family members for a guardianship. Inparticular, Monroe contends the Department should have investigated his half-sisterAsia Turnerwho lives in Georgia. Monroe's arguments rest primarily on RCW 13.34.180(5). RCW 13.34.180(5) provides thatwhen an incarcerated parent has maintained a "meaningful role" inthe child's life and it is inthe best interests ofthe child, the Department should consider a permanent placement including, but not limited to, a guardianship that allows the parent to maintain a relationship with the child. Forthe reasons previously described, substantial evidence supports the court's finding that Monroe did not maintain a meaningful role inA.M.M.A.'s life. We affirm the orderdenying the guardianship petition and the orderterminating parental rights to A.M.M.A. 

# §pfl^Vcflflo^

WE CONCUR: 

# r1 L

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