In re Welfare of B.P.

Summary

The Washington Supreme Court reviewed the termination of H.O.'s parental rights to B.P. The court held that the State failed to prove by clear, cogent, and convincing evidence that it had offered and provided all necessary services reasonably available to correct the mother's parental deficiencies under RCW 13.34.180(1)(d). The court reversed the Court of Appeals and the order terminating parental rights.

Holdings

1. The State failed to prove by clear, cogent, and convincing evidence that it offered or provided all necessary services capable of correcting H.O.'s parental deficiencies because it did not provide attachment services addressing B.P.'s special attachment needs.
2. Services are not futile merely because their success is uncertain; where there is any reasonable possibility of success, reasonably available services capable of correcting parental deficiencies must be provided.
3. The court did not reach H.O.'s challenge to the finding of parental unfitness because the failure to satisfy the statutory services prerequisite independently required reversal.

Questions Presented

1. Whether the State proved by clear, cogent, and convincing evidence that it expressly and understandably offered or provided all necessary, reasonably available services capable of correcting H.O.'s parental deficiencies within the foreseeable future under RCW 13.34.180(1)(d).
2. Whether the State proved the constitutional prerequisite of current parental unfitness before terminating H.O.'s parental rights.

Disposition

reversed