In re Dependency of K.N.J. (dissenting)
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In re Dependency of K.N.J., Michael Jenkins v. Dep t of Soc. & Health Servs. No. 83516-1 STEPHENS, J. (concurring in dissent) I concur in Justice Alexander s dissent. RCW 13.34.180(1)(a) unambiguously requires a finding of dependency before the State may bring a petition seeking termination of a parent and child relationship. The proceedings in this case demonstrate that the parties and the lower court were aware of the need for a dependency finding, as they relied entirely on what turned out to be a void dependency order. I share the majority s concern for K.N.J., who is nearly six years old and has never been in her father s custody. There is a legitimate desire in cases such as this to find a solution rather than disrupt a child s life based on what some may label a technicality. But, this is not the first case in which a defect in subject matter jurisdiction has surfaced to thwart the interests of certainty and finality, nor is it likely to be the last. I cannot reconcile the majority s solution with the requirements of the statute, which does not authorize an appellate court to make an after-the-fact dependency determination based on facts found at the termination trial. I therefore In re Dependency of K.N.J., Michael Jenkins v. Dep t of Soc. & Health Servs., 83516-1 (Stephens, J. Concurrence in Dissent) concur in the dissent. AUTHOR: Justice Debra L. Stephens WE CONCUR: 2
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