Dependency Of M.j.z. Christopher Rust, Appellant V. Dshs, Respondent

STATE Or WASHING
Z0hOCT-6 	AM 3=28
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
In the Matter of the Dependency of
M.J.Z.,
D.O.B.: 6/25/2008,
A minor child.
CHRISTOPHER RUST,
Appellant,
v.
STATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES,
Respondent.
No. 70897-0-1
ORDER DENYING MOTION
FOR RECONSIDERATION,
GRANTING REQUEST FOR
CLARIFICATION, WITHDRAWING
OPINION, AND SUBSTITUTING
OPINION
The respondent, State of Washington, Department of Social and Health Services,
has filed a motion for reconsideration and request for clarification herein. 	The appellant,
Christopher 	Rust, 	has 	filed 	a 	response. 	The 	court 	has 	taken 	the 	matter 	under
consideration and has determined that the motion for reconsideration should be denied,
and 	the 	request 	for 	clarification 	remanding 	for 	a 	new 	trial 	as 	to 	the 	appellant,
Christopher Rust, should be granted.
Now, therefore, it is hereby
ORDERED that the motion for reconsideration is denied; and, it is further
ORDERED that the request for clarification remanding for a new trial as to the
appellant, Christopher Rust, is granted; and, it is further

No. 70897-0-1 / 2
ORDERED that the opinion in the above-referenced case filed 	on August 4,
2014, be withdrawn, and a substitute opinion be filed in its place.
DATED this 	Ia& 	day of 	QctoW/^. 2014.
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
In the Matter of the Dependency of
M.J.Z.,
D.O.B.: 6/25/2008,
A minor child.
CHRISTOPHER RUST,
Appellant,
v.
STATE OF WASHINGTON,
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES,
Respondent.
No. 70897-0-
DIVISION ONE
UNPUBLISHED OPINION
FILED: October 6, 2014
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Trickey, J. — M.J.Z. was born on June 25, 2008.1 	Christopher Rust is
M.J.Z.'s alleged father; paternity has not been legally established.2 	In June 2011,
dependency 	was 	established 	as to 	both 	Rust 	and 	M.J.Z.'s 	mother.3 	The
Department of Social 	and 	Health 	Services 	(Department) 	filed 	a 	petition for
termination of Rust and the mother's parent-child relationship on February 19,
2013.4 The termination hearing was held on July 23 and 24, 2013. 	On August 29,
2013, the trial court entered an order terminating Rust and the mother's parental
rights to M.J.Z.5
Rust was incarcerated at the time of the termination hearing, and had been
1 Clerk's Papers (CP) at 1, 203.
2CP at 203; 1 Report of Proceedings (RP) (July 23, 2013) at 67.
3 CP at 203.
4 CP at 1.
5 CP at 202, 207.

No. 70897-0-1 / 2
for over three years.6 	His expected date of release was June 2014.7 	Rust
appeared at the termination hearing telephonically.
Rust appeals from the trial court's order terminating his parental rights to
M.J.Z. Rust asserts that the order should be reversed because (1) the Department
failed to prove that all reasonably available, necessary services were offered or
provided to him and (2) he received ineffective assistance of counsel during the
termination proceeding.
We reverse on different grounds, in light of our decision in In re Dependency
ofA.M.M., No. 70832-5 (Wash. August 4, 2014). As in A.M.M., here, the trial court
failed to consider the termination factor set forth in RCW 13.34.180(1 )(f) and, in
turn, RCW 13.34.145(5)(b), both of which became effective on July 28, 2013.8
Substitute H.B. 1284, 63rd Leg., Reg. Sess. (Wash. 2013). 	Nor did the State
prove by clear, cogent, and convincing evidence that this factor had been met.
61 RP at 60; 2 RP at 28; CP at 204.
7 CP at 204.
8 In pertinent part, RCW 13.34.180(1 )(f) provides that, before terminating the parental
rights of an incarcerated parent, the trial court must 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 the 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 13.34.145(5)(b) enumerates several factors for the court to consider in
determining whether an incarcerated parent maintains a meaningful role in the
child's life.

No. 70897-0-1 / 3
We reverse the termination order and remand for a 	new trial as to the
appellant, Christopher Rust, consistent with A.M.M.
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WE CONCUR:
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