In the Matter of the Welfare of Johnny Lee Sego, Minors

Summary

The Washington Supreme Court held that an order permanently depriving a natural parent of the care, custody and control of his children must be supported by clear, cogent and convincing evidence — the equivalent of proof that the ultimate fact in issue is 'highly probable' — rather than a mere preponderance. Applying that standard alongside the substantial-evidence rule of appellate review, the court concluded the juvenile court's order permanently depriving Ronnie L. Sego of his two children was supported by the requisite quantum, crediting the trial court's findings on Sego's history of violent intoxication culminating in the murder of the children's mother and on expert testimony that immediate deprivation was needed to avoid permanent damage to the children. The court therefore reversed the Court of Appeals, which had found the evidence insufficient, and affirmed the juvenile court's order placing the children in an adoptive status. Justice Finley dissented, contending the deprivation rested on inadequate recommendations from officials who never interviewed Sego or saw the children and that less drastic alternatives should have been pursued.