In the Interest of A.M.S.

419 N.W.2d 723, 1988 Iowa Sup. LEXIS 20, 1988 WL 11200
CourtSupreme Court of Iowa
DecidedFebruary 17, 1988
Docket86-1542
StatusPublished
Cited by84 cases

This text of 419 N.W.2d 723 (In the Interest of A.M.S.) 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.M.S., 419 N.W.2d 723, 1988 Iowa Sup. LEXIS 20, 1988 WL 11200 (iowa 1988).

Opinion

LAVORATO, Justice.

This case is an appeal by the mother, Alice, from a juvenile court decree terminating the parent-child relationship between her and her four-year-old daughter, April. 1 We originally transferred this case to the court of appeals, which reversed the juvenile court’s decree. On further review, we now vacate the court of appeals decision and affirm the decree of the juvenile court.

I. On April 14, 1986, April’s attorney initiated this proceeding by filing a petition pursuant to Iowa Code section 232.111 (1985) 2 to terminate Alice's parental rights to April. The petition is grounded on section 232.116(5), which authorizes termination when the court finds that

a. The child has been adjudicated a child in need of assistance pursuant to section 232.96; and
b. The custody of the child has been transferred from the child’s parents for placement pursuant to section 232.102 for at least twelve of the last eighteen months; and
c. There is clear and convincing evidence that the child cannot be returned to the custody of the child’s parents as provided in section 232.102.

The Iowa Department of Human Services filed a child in need of assistance petition regarding April on April 1, 1985. See Iowa Code § 232.87. On April 19 the juvenile court adjudicated April to be a child in need of assistance. See Iowa Code *725 § 232.96. Hence, the first condition described in section 232.116(5)(a) is satisfied.

On May 13 the court transferred custody of April to the department for foster care placement. See Iowa Code §§ 232.99, 232.-102(l)(c). Because the court transferred custody eleven months before the petition to terminate was filed, Alice contends the twelve-month condition in section 232.-116(5)(b) is not satisfied. Consequently, Alice argues, the court on October 1, 1986, had no jurisdiction to terminate Alice's parental rights to April following a termination hearing on September 19.

We rejected the same argument in In re J.L.H., 326 N.W.2d 284 (Iowa 1982). There is no jurisdictional requirement that the twelve-month period must pass before the petition to terminate is filed. Id. at 286. The twelve-month period begins to run on the date the court transfers custody and continues to run until the termination hearing. Id. If the evidence at the hearing shows that the twelve-month period has passed, that is sufficient. Id. Here, the evidence at the termination hearing shows that the court transferred April’s custody to the department approximately sixteen months before the hearing. Contrary to Alice’s contention, we think the twelvemonth condition in section 232.116(5)(b) is satisfied.

What is left for us to decide is the single but difficult issue whether there is clear and convincing evidence that April cannot be returned to her mother’s custody, as provided in section 232.102. See Iowa Code § 232.116(5)(e). Central to our determination here is section 232.102(3), which provides in pertinent part:

Whenever possible the court should permit the child to remain at home with the child’s parent.... Custody of the child should not be transferred unless the court finds there is clear and convincing evidence that:
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b. The child cannot be protected from some harm which would justify the adjudication of the child as a child in need of assistance....

Thus, the requirement of section 232.-116(5)(c) is met when the child cannot be returned to the parental home because the definitional grounds of a child in need of assistance, Iowa Code § 232.2(6), exist. In re K.L.C., 372 N.W.2d 223, 227 (Iowa 1985).

Pertinent to our determination here are the following definitional grounds of a child in need of assistance:

“Child in need of assistance ” means an unmarried child:
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b. Whose parent ... has physically abused or neglected the child, or is imminently likely to abuse or neglect the child.
c. Who has suffered or is imminently likely to suffer harmful effects as a result of:
(1) Conditions created by the child’s parent ... or
. (2) The failure of the child’s parent ... to exercise a reasonable degree of care in supervising the child.
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e. Who is in need of medical treatment to cure, alleviate, or prevent serious physical injury or illness and whose parent ... is unwilling or unable to provide such treatment.
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g. Whose parent ... fails to exercise a minimal degree of care in supplying the child with adequate food, clothing or shelter and refuses other means made available to provide such essentials.

Iowa Code § 232.2(6). Proof by clear and convincing evidence of any one of the above types of harm is sufficient to support termination. See In re K.L.C., 372 N.W.2d at 228. In addition, contrary to Alice’s contention, the court is not limited at the termination hearing to determining whether the facts found at the adjudication hearing still exist twelve months later. The proof must only show that any of the alleged definitional grounds of a child in need of assistance in section 232.2(6) exist at the time of the termination hearing. See id.; Iowa Code § 232.102(3)(b).

*726 II. Previously enunciated principles pertinent to our appellate review here bear repeating:

Appellate review of proceedings to terminate a parent-child relationship is de novo; thus “it is our duty to review the facts as well as the law and adjudicate rights anew on those propositions properly preserved and presented to us.” We accord weight to the fact-findings of the juvenile court, especially when considering the credibility of the witnesses whom the court heard and observed firsthand, but we are not bound by those findings.

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Cite This Page — Counsel Stack

Bluebook (online)
419 N.W.2d 723, 1988 Iowa Sup. LEXIS 20, 1988 WL 11200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-ams-iowa-1988.