In the Interest of C.C. and C.C., Minor Children, K.C., Mother

CourtCourt of Appeals of Iowa
DecidedJune 7, 2017
Docket17-0323
StatusPublished

This text of In the Interest of C.C. and C.C., Minor Children, K.C., Mother (In the Interest of C.C. and C.C., Minor Children, K.C., Mother) 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 the Interest of C.C. and C.C., Minor Children, K.C., Mother, (iowactapp 2017).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 17-0323 Filed June 7, 2017

IN THE INTEREST OF C.C. and C.C., Minor Children,

K.C., Mother, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Appanoose County, William S.

Owens, Associate Juvenile Judge.

A mother appeals from the juvenile court’s permanency review order and

grant of concurrent jurisdiction to the district court. AFFIRMED.

Amanda M. Demichelis of Demichelis Law Firm, P.C., Chariton, for

appellant mother.

Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney

General, for appellee State.

Monte M. McCoy of McCoy Legal Services, Centerville, for father.

Debra A. George of Griffing & George Law Firm P.L.C., Centerville, for

minor children.

Considered by Danilson, C.J., and Potterfield and Bower, JJ. 2

DANILSON, Chief Judge.

A mother appeals from the juvenile court’s permanency review order and

grant of concurrent jurisdiction to the district court. Finding no reason to disturb

the court’s rulings, we affirm.

I. Background Facts & Proceedings.

The children at issue are Co.C., born in February 2008, and Cl.C., born in

August 2003. This family came to the attention of the department of human

services (DHS) when the district court provided a copy of the parents’ September

2014 dissolution decree. The decree outlined the court’s concerns regarding

domestic violence,1 the parents’ use of methamphetamine, the adequacy of the

supervision of the children, and the well-being of the children while in the care of

their parents. There was an existing protective order prohibiting the father from

contacting the mother. The dissolution decree placed the children in the

mother’s legal custody and physical care.2 A child-abuse assessment was

subsequently conducted by DHS, and the family began participating voluntarily

with services in late 2014.

On March 20, 2015, the children were removed from the mother’s physical

care by ex parte order due to the mother’s arrest on felony drug and theft

charges. A subsequent removal hearing placed the children in the father’s

1 According to the dissolution decree, the father was convicted of assault against the mother in June 2014, and of third-degree burglary and possession of a firearm in August 2014. A criminal no-contact order was set to expire in June 2019. 2 The decree states, in part: The parties agree that joint legal custody is not appropriate in this case, and that one party or the other should be awarded sole legal custody and primary physical care of the children. Each party very much wants to be the parent awarded sole legal custody and primary physical care. 3

temporary legal custody and care, and the parents were ordered to participate in

random drug testing. The mother was ordered to obtain a substance-abuse

assessment and comply with all recommendations for treatment.

On April 9, following an uncontested hearing, the children were

adjudicated children in need of assistance (CINA) pursuant to Iowa Code section

232.2(6)(c)(2) and (n) (2015). The maternal grandparents’ motion to intervene

was granted as they had provided substantial care for the children in the past. 3

Temporary legal custody and placement of the children remained with father.

A May 28 dispositional order continued legal custody of the children with

the father, with the goal that the children would return to the mother’s custody.4

The family was receiving numerous services to address the substance-abuse

and domestic-violence concerns, including Family Safety, Risk, and Permanency

(FSRP) services; substance-abuse screening; domestic-violence services; and

parent partners. The father had completed a parenting program (“24/7 dads”)

and was participating in a batterers’ education program (BEP). The children

were engaged in individual counseling to deal with their emotional issues arising

from the parents’ discord and drug use.

An August 2015 review hearing was held. An August DHS report to the

court noted, in part: “This case may be safely closed when [the mother]

successfully completes substance abuse treatment, follows all professional

3 A case plan notes, “Although their mother had legal custody of [the children] per the divorce decree prior to DHS involvement, she allowed the boys to stay with their grandparents the majority of the time.” 4 The mother appealed the adjudication and disposition but voluntarily dismissed that appeal. 4

recommendations, and resolves her criminal charges. [The mother and father]

need to continue to cooperate with DHS and FSRP services.” The juvenile

court’s review order noted that the court had been informed the mother had been

arrested recently, was in jail awaiting a hearing, and had a plea proceeding

scheduled that might result in her being placed at a halfway house facility.

The court also had before it the father’s motion for concurrent jurisdiction.

With regard to that motion, the court concluded:

Although [the mother] has incurred additional criminal charges the department believes the permanency goal of returning the boys to her care and custody can still be achieved. The boys are indeed fortunate to have a father who is both capable and willing to serve as their primary care giver while [the mother] works toward regaining custody. If after a period of several more months it appears [the mother] will not be able to secure the boys’ return to her home, this court would likely then make more permanent orders regarding the boys’ placement with their father. However, until those decisions are made it would not be appropriate for this court to relinquish its authority to make a custody determination.

The juvenile court ruled the children were to remain in the father’s care.

Another review hearing was held on December 3, 2015, and the court

adopted the November case plan submitted by DHS. In the case plan it was

noted that the mother needed to “continue to cooperate with DHS and FSRP

providers”; the father had “successfully completed BEP, Children in the Middle,

and attended Anger Management Counseling”; and the children were having

supervised visits with their mother at the jail and semi-weekly visits with the

maternal grandparents. The December review order noted the mother had

“resolved her criminal charges and will be, or is in the half-way house.” The court

ordered the children to remain with their father, found the children’s best interests 5

would not be served by granting the district court concurrent jurisdiction, and

ordered a further review hearing “in the next six months.”

A permanency hearing was scheduled for March 10, 2016.5 The March

2016 case plan update submitted by DHS recommended the children remain in

the father’s care and custody, concurrent jurisdiction be granted, and the

permanency goal be changed to guardianship with other parent. It was also

noted the mother had completed a substance-abuse evaluation but had just

begun substance-abuse treatment; the mother had completed orientation into

Family Treatment Court and was participating in substance-abuse meetings and

seeing a counselor. It was recommended the mother successfully complete

treatment and follow all professional recommendations and resolve her legal

issues.

Due to continuances, the permanency hearing was held over several days

in April and June 2016.

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In the Interest of C.C. and C.C., Minor Children, K.C., Mother, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-cc-and-cc-minor-children-kc-mother-iowactapp-2017.