In Interest of Blb

436 N.W.2d 332, 1989 Iowa Sup. LEXIS 28, 1989 WL 13890
CourtSupreme Court of Iowa
DecidedFebruary 22, 1989
Docket88-87
StatusPublished
Cited by1 cases

This text of 436 N.W.2d 332 (In Interest of Blb) 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
In Interest of Blb, 436 N.W.2d 332, 1989 Iowa Sup. LEXIS 28, 1989 WL 13890 (iowa 1989).

Opinion

SCHULTZ, Justice.

The father of two children appeals from the juvenile court order terminating his parental rights. The children’s mother also appealed from the termination of her parental rights, but she has dismissed her appeal. We initially transferred this case to the court of appeals, which reversed the juvenile court ruling. We then granted the State’s application for further review. At the oral arguments on further review, the attorney for the children joined the State in its argument that the decision of the juvenile court should be affirmed. We vacate the decision of the court of appeals and affirm the judgment of the juvenile court.

The children are two girls, bom in 1978 and 1980, during the marriage of their natural parents. During this time, the father farmed and the mother, a college graduate, was a homemaker and not otherwise employed. The marriage was marred by conflict between the parents, economic woes and periods of mental illness in both parents, particularly the mother. The marriage was dissolved in 1986, after these proceedings were initiated;

The family has a long history with the Department of Human Services (DHS). In 1980, a report of denial of critical care was investigated, but was determined to be unfounded. No services were provided in response to this report. In 1981, a similar report was made and investigated. These allegations were determined to be founded. The family was referred to a mental health center for in-home treatment and to a childcare center. Treatment was terminated in 1982 when the parents believed that the *333 services were no longer needed. At that time, the social worker described the home as filthy and messy, with cats running in and out of the home at will. The children wore dresses with no underpants and the family shared one bed.

In 1983, the wife requested day-care services, indicating that her oldest child was not normal and that she could not care for her. The husband rejected the services, however. Both parents refused marriage counseling. Later in the year, at the wife’s request she was referred for mental health services.

In 1984, the wife became distraught and was admitted for emergency sessions at the local mental health clinic. She wanted to arrange foster care to protect the children from her husband, however this was not accomplished. The wife admitted herself for hospitalization at a state mental institute. After her release, she had numerous contacts with the DHS.

In 1985, the DHS was again called in when the husband had commenced a dissolution of marriage action and had his wife ejected from the home by court order. The DHS seems to have acted as a go-between for the parents. The mother was still nursing the youngest child, who was five years of age. A copy of a custody evaluation, made at this time, indicated that “both parents were below average in their ability to provide for the girls” and “there were concerns about a placement with either parent.” The report also stated that “signs of some degree of emotional disturbance emerged” in the girls.

In the dissolution action, the father obtained custody based on the mother’s suicide threats, which involved harm to the children. The mother moved to a nearby city and obtained work. In the meantime, the father cared for the children on the farm, however, the DHS monitored the case and considered juvenile court action. During this period, other people cleaned the home, over the father’s objections, because the home had an extremely bad odor. They hauled out rodents and other clutter and commented on the father’s poor cleaning habits. Later, the father hospitalized himself for depression and placed the children with members of his family.

The parents of that family asked the DHS to remove the children because of their habits and the consequential effect on their own children. As a result, a petition was filed alleging the children were in need of assistance as defined in Iowa Code sections 232.2(6)(b) and 232.2(6)(i). On December 4, 1985, the juvenile court determined the children to be in need of assistance based on its finding that (1) the parents neglected the children by the long-standing lack of hygiene in their home and (2) the parents had sexual activities in the presence of the children which had harmful results on the children. After a disposi-tional hearing on March 12, 1986, the children were placed in foster care. In its order, the court noted that it had studied the psychological evaluation by the mental health center and the psychiatric assessment of the father. All parties stipulated to the temporary foster home placement.

At subsequent hearings neither parent seriously challenged the continued foster home placement. In August, 1986, an order in a review hearing noted that the parents agreed to the continued temporary placement. While the mother later applied for a change in foster homes, the father in May, 1987, filed an application which sought to prevent it. Although there has been a change in foster homes, the children have remained in foster care from November of 1985 to the present time.

The children adjusted very well to foster care and have made excellent progress. They have extremely high IQs and possess a great ability to figure out the subtleties in social relationships.

During the children’s foster care, the parents have had the opportunity for numerous visits. The children have both had problems from the visitations. Soon after placement, both children became defiant and confrontational with their father. They demanded to see their attorney to explain their desires and became very resistant to visits with the parents. This behavior pattern has increased and, in August of 1986, the children stated they did *334 not want to live with their parents. They indicated their fear of their father, claiming they were afraid of being abused by him. The DHS arranged for consultation with a child psychologist and the staff designed numerous plans to reunite the family. After several months of working with the family, the child psychologist felt the efforts were a complete failure. The children did things such as run away from their father during visitation, and one would curl up in a ball, sucking her thumb during therapy sessions. The psychologist concluded that trying to reunite this family was detrimental to the emotional well-being of the girls.

The DHS placed the children in separate homes in an effort to change this joint behavior, although it has not improved. The girls continue to physically resist visitation and express their negative attitudes toward their parents.

In July of 1987, a petition for the termination of parental rights was filed, followed by a lengthy trial in November and December. The court found clear and convincing evidence that the children cannot be returned to the custody of either parent. The court also found that reasonable efforts had been made to prevent or eliminate the removal of the children from their parents, but that neither parent had exhibited the ability to meet the emotional and physical needs of the children. The court concluded that a return of the children to the home of either parent would not be in the best interest of either child. The ruling noted the overwhelming evidence of the substantial and numerous programs offered to the family members, but that both parents had failed to improve their parenting abilities.

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Related

Burgmaier v. Iowa Department of Human Services
570 N.W.2d 109 (Supreme Court of Iowa, 1997)

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Bluebook (online)
436 N.W.2d 332, 1989 Iowa Sup. LEXIS 28, 1989 WL 13890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-blb-iowa-1989.