In Re NN

692 N.W.2d 51, 2004 WL 2952727
CourtCourt of Appeals of Iowa
DecidedDecember 22, 2004
Docket04-1601
StatusPublished

This text of 692 N.W.2d 51 (In Re NN) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re NN, 692 N.W.2d 51, 2004 WL 2952727 (iowactapp 2004).

Opinion

692 N.W.2d 51 (2004)

In the Interest of N.N., A.N., M.N., D.N., A.N., and A.N., Minor Children, T.N., Mother, Appellant,
R.N., Father, Appellant.

No. 04-1601.

Court of Appeals of Iowa.

December 22, 2004.

*52 Lori Ubbinga, Sioux City, for appellant-mother.

Jane White of Parrish, Kruidenier, Moss, Dunn, Boles, Gribble & Cook, Des Moines, for appellant-father.

Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Thomas S. Mullin, County Attorney, and Dewey Sloan, Assistant County Attorney, for appellee-State.

Michelle Dreibelbis of the Juvenile Law Center, Sioux City, for children.

Considered by VOGEL, P.J., and MILLER and EISENHAUER, JJ.

VOGEL, P.J.

Richard and Tasjima separately appeal the juvenile court's September 24, 2004 order terminating their parental rights to their six children, Noreann, born in May of 2003, Ashley, born in August of 2001, Matthew, born in October of 1999, David, born in September of 1997, Adam born in May of 1996, and Anastacia, born in December of 1992. We affirm.

I. Background Facts and Proceedings

Prior to the instant case, Richard, Tasjima and their children had been living a nomadic lifestyle and had been involved for some time with protective services in Minnesota and North Dakota where the family was offered numerous services in an effort to improve their situation. On July 7, 2003, the children were adjudicated "Deprived Children[1]" in North Dakota. Ultimately, North Dakota felt the children needed to be removed from the care of *53 their mother and father and set a hearing on the matter for December 10, 2003.

On November 27, Richard and Tasjima absconded with their children to Iowa to avoid this hearing. On December 8, Child Protective Services in Iowa received allegations that Richard, Tasjima and their six children were living in a recreational vehicle on a Sioux City, Iowa, truck stop parking lot. On December 9, the Juvenile Court for Woodbury County, Iowa issued a temporary removal order and the children were removed from the custody of Richard and Tasjima on December 17, 2003.[2] The children have remained in out-of-home placements since their removal.

On May 11, 2004 following a contested combined "removal/adjudicatory/dispositional/visitation hearing" the court filed an order adjudicating each of the six children as a child in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(b) (2003) (parent has physically abused or neglected child) and (c) (child is likely to suffer harm due to parent's failure to exercise care in supervising child). This order continued custody of the children with the Iowa Department of Human Services (DHS) for placement in family foster care and left parental visitation in the discretion of the DHS. The order also directed that Richard and Tasjima be provided a variety of services.

On May 17, supervised visitation was suspended due to concerns over the way Richard and Tasjima conducted themselves during visitation.[3] The decision to suspend visitation was approved by the juvenile court following a June 24 visitation hearing. Thus, Richard and Tasjima have had no contact with the children since May 17, 2004. The only service that the parents participated in prior to the termination of their parental rights other than supervised visitation and psycho-social evaluations was Richard's limited involvement in an anger management course.

On September 24, 2004, the juvenile court filed an order terminating Richard and Tasjima's parental rights pursuant to Iowa Code section 232.116(1)(d) (child CINA for physical or sexual abuse, circumstances continue despite receipt of services), (e) (child CINA, child removed for six months, parent has not maintained significant and meaningful contact with the child), and "as it pertains to Ashley and Noreann only" (h) (child is 3 or younger, child CINA, removed from home for 6 of last 12 months, and child cannot be returned home).

As an initial procedural matter, we note that Richard and the State agree that Iowa Code section 232.116(1)(h) does not apply to Ashley as she was older than three years of age at the time of the termination hearing. While we agree that Ashley was beyond her third birthday at the time of the hearing, we also note that Ashley was less than four years of age. The Iowa Code does not expressly state *54 whether section 232.116(1)(h) applies to children who are past their third birthday but who have not yet reached age four. However, by looking to another subsection of Section 232.116(1) we can easily determine that it does. Section 232.116(1)(f) relates to a child "four years of age or older." If section 232.116(1)(h) did not apply to children between the ages of three and four, the statutory grounds for termination of parental rights under sections 232.116(1)(f) and (h) would apply to all identified children except those between ages three and four. We will not attribute such an illogical intent to the legislature. See Iowa Code § 4.4(3) (presuming that in enacting a statute a just and reasonable result is intended); Baldwin v. City of Waterloo, 372 N.W.2d 486, 493 (Iowa 1985) (declining to interpret a statute in a manner that "would make no sense"). We therefore reject the notion that this code section does not apply to Ashley.

II. Standard of Review

Termination orders are reviewed de novo. See In re M.M.S., 502 N.W.2d 4, 5 (Iowa 1993). We give weight to the juvenile court's findings of fact, but are not bound by its determinations. In re R.K.B., 572 N.W.2d 600, 601 (Iowa 1998). The State must prove the grounds for termination by clear and convincing evidence. In re E.K., 568 N.W.2d 829, 831 (Iowa Ct.App.1997). The primary interest in termination proceedings is the best interest of the children. Id.

III. Issues

A. Hearsay

Richard raises five contentions for our review on appeal. Among these five issues is Richard's contention that the trial court admitted exhibits that were "irrelevant and based on hearsay." Because this contention affects the integrity of the termination proceedings and thus all other issues presented, we, as a preliminary matter, address it. In doing so, we review evidentiary rulings for an abuse of discretion. In re E.H., 578 N.W.2d 243, 245-46 (Iowa 1998).

Iowa Code section 232.96(6) allows the admission of a report, study, record, or other writing made by the DHS, a juvenile court officer, or a peace officer, notwithstanding any objection to hearsay statements contained within, if it is relevant and not unduly prejudicial. See Iowa Code § 232.96(6).; In re A.J., 553 N.W.2d 909

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Bluebook (online)
692 N.W.2d 51, 2004 WL 2952727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-nn-iowactapp-2004.