E.J. v. State

436 N.W.2d 630, 1989 Iowa Sup. LEXIS 37
CourtSupreme Court of Iowa
DecidedFebruary 22, 1989
DocketNo. 87-1813
StatusPublished
Cited by80 cases

This text of 436 N.W.2d 630 (E.J. v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
E.J. v. State, 436 N.W.2d 630, 1989 Iowa Sup. LEXIS 37 (iowa 1989).

Opinion

McGIVERIN, Chief Justice.

The mother of five children appeals from the juvenile court order terminating her parental rights with four of her children. On appeal, the mother contends that clear and convincing evidence did not exist to support the termination of her parental rights. The case was transferred to the court of appeals, which reversed the decision of the juvenile court. The State filed an application for further review. We granted the State’s application and now [631]*631vacate the decision of the court of appeals. The judgment of the juvenile court is affirmed.

I. Background facts and proceedings. This case concerns the parental rights of a mother, Elizabeth (Beth), and four of her five children: Renda, Daniel, Brian and Brent. The children’s parents were never married. Their father has never played a substantial role in their lives. His parental rights and Beth’s were terminated by the juvenile court. The father did not appeal that decision.

Beth’s fifth child was born during the course of these proceedings. Thus, her parental rights with respect to that child are not presently at issue.

The State’s involvement with this family predates the proceedings concerning Ren-da, Daniel, Brian and Brent. Beth was bom in 1964 and was herself adjudicated a child in need of assistance when she was age fifteen. See generally Iowa Code §§ 232.61 — 232.103 (1979). At that time Beth’s father was in prison. Her mother, a chronic alcoholic, had abandoned and neglected Beth and her five brothers and sisters. Beth was in effect raised by an older sister in Waterloo.

For a young woman, Beth has a long history of substance abuse. Beth admits to drinking since a preteenager and use of marijuana, amphetamines, LSD and cocaine. Like her mother, however, Beth’s drug of choice is alcohol. Her abuse of alcohol has proven to be the principal impediment to establishing a stable home for her children.

Renda, Beth’s first child, was bom in January 1981. At the time Beth was sixteen years of age. Daniel, Brian, and Brent were bom in each of the succeeding years. Beth dropped out of school after completing the eighth grade. Without a high school education or a general equivalency diploma (GED), Beth supported herself and the children primarily through receipt of government assistance.

On July 20, 1985, Beth left her four children with a sixteen-year-old babysitter for the evening. A friend also left her three children in the sitter’s care. The sitter was not provided with food, clean clothing, or diapers for the children. The sitter expected Beth and her friend home late that same night.

At approximately 11:00 the following night, the sitter contacted the Waterloo police because Beth had not yet returned home. The children were picked up and emergency placement was arranged with the Department of Human Services (DHS).

Brent, who at the time was eight months old, was hospitalized with a distended stomach and fever. It was determined that this condition was due to being fed from a bottle which had mold in the nipple. Brian was also hospitalized briefly with pneumonia.

The State filed a child in need of assistance petition alleging the children were neglected and denied critical care. See Iowa Code § 232.87 (1985). A temporary removal hearing was held in which it was determined the children were children in need of assistance and custody was placed with DHS. See Iowa Code § 232.95 (1985).

On the evening of July 23, 1985, Beth was informed at a party that her children had been placed in DHS custody. The following morning, four days after she had left them with a sitter, Beth contacted DHS inquiring as to the location of her children. Beth later indicated that this was not the only time that she had left her children for extended periods of time while she was out “partying.”

A DHS social worker referred Beth for outpatient treatment for alcohol abuse at Northeast Council on Substance Abuse (NECSA).

In August 1985, following attempts by relatives to involuntarily commit Beth for treatment for her alcohol addiction, Beth admitted herself for inpatient treatment at the Mental Health Institute (MHI). She was discharged from the facility after less than ten days, however, because she had violated rules against sexual contact between patients. Beth resumed outpatient counseling at NECSA.

[632]*632On September 3, 1985, following a hearing on stipulated facts, Renda, Daniel, Brian and Brent were adjudicated by the court as children in need of assistance. See Iowa Code § 232.96. Custody of the children was continued with DHS.

On September 5, Beth entered into a social contract with DHS outlining treatment goals and programs for Beth which included obtaining a substance abuse evaluation. The contract provided Beth was to abstain from the use of alcohol. Compliance with the provisions of the contract was to facilitate a return of Beth’s children to her custody.

In late September, Beth left the Waterloo area to work with a traveling carnival. She did not notify DHS that she was leaving the area and did not inform anyone as to how she could be contacted should that be necessary. Approximately one month later, Beth quit the carnival and hitchhiked back to Waterloo.

In November 1985, Beth resumed counseling through NECSA. This treatment was suspended, however, after Beth caused a disruption at a group counseling session which she attended while intoxicated.

Treatment, thereafter, was sought for Beth in an inpatient facility. She returned to MHI but was discharged the following day because Beth’s mother was then undergoing treatment there and the facility had a policy against admitting more than one family member at one time. Some months went by while DHS attempted to place Beth in another facility.

In February 1986, Beth was admitted for treatment at MHI in Independence. Two weeks later, Beth was discharged due to failure to cooperate in her treatment and counseling.

Beth again resumed counseling at NEC-SA in March 1986.

In July, Beth was discovered to be intoxicated at a tavern by a student NECSA counselor. When confronted about this incident, Beth only offered the explanation that the student counselor was also drinking. Following this latest failure, residential or halfway house treatment was recommended for Beth.

On September 24, Beth was admitted for treatment at a Cedar Rapids halfway house operated by the Area Substance Abuse Council (ASAC). In this program Beth finally cooperated with counselors, complied with the rules she was to live under, and showed some measure of progress in understanding her addiction. While under ASAC’s care Beth earned a GED.

On March 18, 1987, Beth successfully “graduated” from the ASAC program. She was then referred back to NECSA for intensive outpatient treatment which included attending Alcoholics Anonymous meetings three times weekly, taking a daily inventory of relapse signals, and continued counseling.

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Bluebook (online)
436 N.W.2d 630, 1989 Iowa Sup. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ej-v-state-iowa-1989.