In re the Guardianship of D.S.

Summary

The Washington Court of Appeals vacated a guardianship order for D.S. because the evidence did not support the required finding that there was little likelihood that parental conditions would be remedied so the child could be returned to his father in the near future. The court held that the statutory finding requires an outstanding parental deficiency to be corrected and remanded for reinstatement of the dependency.

Holdings

1. A guardianship cannot be established under RCW 13.36.040(2)(c)(v) when the parent has remedied all parental deficiencies; logistical difficulties in relocating or transitioning the child do not independently satisfy the statute's little-likelihood requirement.
2. The evidence did not support the finding that there was little likelihood that conditions would be remedied so D.S. could be returned to H.S. in the near future.

Questions Presented

1. Whether RCW 13.36.040(2)(c)(v) permits a guardianship when the parent has remedied all parental deficiencies but logistical obstacles may prevent the child from being returned in the near future.
2. Whether the trial court's finding that there was little likelihood that conditions would be remedied so that D.S. could be returned to H.S. in the near future was supported by the evidence.
3. Whether the best-interests-of-the-child standard in RCW 13.36.040(2)(a) is unconstitutionally vague.

Disposition

vacated