§59.05 Alternative Theories of Termination

• Jurisdiction: Washington

§ 59.05 ALTERNATIVE THEORIES OF TERMINATION

Termination of parental rights may also be based upon the following:

1. Abandonment—see RCW 13.34.030(1); no contact for three months creates a rebuttable presumption of abandonment;
2. Futility—RCW 13.34.190(1)(a)(ii): "The provisions of RCW 13.34.180(1)(a), (b), (e), and (f) are established beyond a reasonable doubt and if so, then RCW 13.34.180(1)(c) and (d) may be waived. When an infant has been abandoned, as defined in RCW 13.34.030, and the abandonment has been proved beyond a reasonable doubt, then RCW 13.34.180(1)(c) and (d) may be waived."; or
3. Aggravated circumstances—RCW 13.34.130(6)(c): "The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger."

[1] Abandonment (RCW 13.34.180(3))

Abandonment requires an intention by a parent to relinquish all claims to the child. In re Welfare of Watson, 25 Wn. App. 508, 514, 610 P.2d 367 (1979). Termination of parental rights may be based solely on the parents' abandonment of the child when such abandonment is proven by evidence beyond a reasonable doubt. RCW 13.34.190(1)(a)(iv). RCW 13.34.180(3) permits termination of parental rights if the child was found in circumstances such that the parents' whereabouts are unknown, and no parent has come forward within a period of two months after the child was found. This is the baby-on-the-church-doorstep type of situation (or, more typically, in the dumpster or wooded area) and does not often occur. The abandonment exception may be pled in lieu of the other six termination elements.

Comment: An abandoned child is defined in RCW 13.34.030 as a child "whose parent,

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