In the Interest of A.C.

428 N.W.2d 297, 1988 Iowa Sup. LEXIS 217, 1988 WL 87278
CourtSupreme Court of Iowa
DecidedAugust 17, 1988
Docket87-454
StatusPublished
Cited by11 cases

This text of 428 N.W.2d 297 (In the Interest of A.C.) 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 the Interest of A.C., 428 N.W.2d 297, 1988 Iowa Sup. LEXIS 217, 1988 WL 87278 (iowa 1988).

Opinion

LAVORATO, Justice.

In this case the Iowa Department of Human Services asks .us to decide whether the brother of a boy who was sexually abused by their parents should have limited and supervised visitation with their maternal grandparents.

The grandparents, Charlotte and Albion, petitioned for visitation with the boys under Iowa Code section 600A.10 (1987) 1 after the rights of the parents, Gary and Christi, were terminated. The district court decided that neither Adam, the abused child, nor Lea, his brother, should have any contact with their grandparents. The court of appeals affirmed the district court judgment regarding Adam but found that Lea’s best interests would be served by limited and supervised visitation with his grandparents.

The department now seeks further review of the court of appeals decision allowing post-adoption visitation with Lea. The department does not challenge the court’s decision allowing pre-adoption visitation.

• We think the court of appeals was correct in allowing the grandparents pre-adoption visitation with Lea, but it had no authority to allow any visitation in case of his adoption. Accordingly, we vacate the court of appeals decision and affirm in part and reverse in part the judgment of the district court.

I. In 1973 Adam was born to Christi while she was unmarried. Christi married Gary in 1977, and he later adopted Adam. The couple’s son Lea was born in 1979.

In July 1981 Gary was arrested at a Council Bluffs drugstore after he picked up developed photographs showing both him and Adam in various sexual poses. When the police searched the family’s house pursuant to a warrant, they found hundreds of photographs depicting Christi or her younger sister, who was then about thirteen years old, in the nude or engaging in sexual acts with Gary. The police also seized pornographic magazines and many more photographs, all showing nude preteen or teenage females. Some of the photographs show Gary engaging in sexual acts with such girls while Adam was present.

Immediately following their father’s arrest, Adam and Lea were taken into protective custody. One week later, following a hearing, Adam was placed in a foster home, and Lea was returned to his mother’s custody. On the same day a petition was filed, alleging that Adam and Lea were children in need of assistance. The petition asserted that the boys (1) had suffered or were likely to suffer harmful effects as a result of their parents’ failure to exercise reasonable care in supervising them, or (2) had been used for photographs depicting sexual activities. See Iowa Code § 232.2(5)(c)(2), (i) (1981). A later petition alleged that Lea was imminently likely to be physically abused. See id. at § 232.2(5)(b).

Both Adam and Lea were subsequently found to be children in need of assistance. Both were placed in foster care under the department’s guardianship, and review hearings in the following year found their statuses unchanged.

In September 1981, Gary pleaded guilty to one count each of sexual exploitation of a child and lascivious acts with a child. See id. at §§ 728.12, 709.8. By the next year Christi’s role in the sexual abuse of Adam became known, and in February 1983 she pleaded guilty to a charge of indecent contact with a child. See id. at § 709.12 (1983). Gary received concurrent prison sentences of ten and five years, and Christi received a sentence of two years.

*299 In 1983 the department petitioned to terminate the parents’ rights to both children. See id. at §§ 232.111, 232.116(3), (5). Christi’s parents, Charlotte and Albion, were intervenors in the case.

The district court’s opinion in the termination action reveals the details of the sexual abuse to which Adam was subjected. His parents, both individually and together, engaged in a wide variety of sexual acts with Adam. The evidence also indicated that Gary had shown Adam pornographic films and photographs, and had encouraged the boy to bring other children to their home.

At trial, Gary admitted his own contacts with Adam and his long history of similar acts with young girls. One such involvement was with Christi’s younger sister over a four-year period. Gary’s sexual contacts with Christi’s sister sometimes occurred in the home of Charlotte and Albion, who were occasionally present but unaware of these activities.

Both Gary and Christi denied allegations of Christi’s sexual involvement with Adam. Photographs and the boy’s statements, however, contradict these denials.

Because of the extensive sexual abuse by his parents, Adam was, at the time of the termination trial, sexually aggressive toward other children. For example, he had apparently had sexual contact with his brother Lea at his grandparents’ home. As with Gary’s abuse of Christi’s sister there, however, Charlotte and Albion were unaware of the improper behavior.

The district court terminated Gary’s and Christi’s parental rights. Adam was placed in the custody of the department, while Lea was placed with Charlotte and Albion.

Reviewing this decision, the court of appeals affirmed the ruling regarding Adam but ordered that Lea be removed from his grandparents’ custody. The court instead placed Lea with the department, giving several reasons why the grandparents were unsuitable for custody: Charlotte was committed to the belief that Christi had not abused Adam, despite overwhelming evidence to the contrary; the grandparents had not recognized Adam’s emotional and sexual problems, even though they had had frequent contact with him; they had not been aware of Gary’s sexual abuse of their younger daughter, which had occurred regularly in their own home; they had not known about Adam’s sexual contact with Lea in their home; and they might allow further contact between Lea and his mother, thereby increasing the possibility of sexual abuse.

The court concluded by saying that “grave questions remain as to the ability of [Charlotte and Albion] to spot future emotional problems [Lea] may encounter. For these reasons, we believe that it is in the best interest of [Lea] that guardianship of [him] be awarded to the Department of Human Services.” We denied further review of this decision.

The grandparents later filed for visitation with both boys under Iowa Code section 600A.10 (1987). The department was named as the. respondent. At the hearing on this petition, department representatives familiar with the case advised against visitation with Adam but did not oppose visitation with Lea.

Some testimony, however, raised problems that might result from visitation with Lea. A department adoption specialist, for example, testified that about half of the potential adoptive parents for Lea would probably drop out of consideration if he were subject to visitation with his original family. A juvenile court officer also opined that Charlotte and Albion might not adequately protect Lea from contact with his mother because of their belief in Christi’s innocence.

The district court denied the grandparents visitation with the children.

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Bluebook (online)
428 N.W.2d 297, 1988 Iowa Sup. LEXIS 217, 1988 WL 87278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-ac-iowa-1988.