In the Interest of C.L., Minor Child

919 N.W.2d 637
CourtCourt of Appeals of Iowa
DecidedMay 2, 2018
Docket18-0226
StatusPublished

This text of 919 N.W.2d 637 (In the Interest of C.L., Minor Child) 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.L., Minor Child, 919 N.W.2d 637 (iowactapp 2018).

Opinion

VOGEL, Presiding Judge.

A mother appeals the termination of her parental rights to her daughter, asserting the State failed to prove the grounds for termination and the court should not have found termination was in the best interests of the child. The mother also asserts she should have been given additional time to work toward reunification. Because we agree with the district court that the child could not be returned to the mother at the time of the termination hearing, that termination was in the best interests of the child, and there are no impediments to termination, we affirm.

I. Background Facts and Proceedings

C.L., born in February 2017, came to the attention of the Iowa Department of Human Services (DHS) when she was born with amphetamines in her system. The DHS allowed the child to return home with the mother, but the mother admitted to using methamphetamine just one week after giving birth to C.L. On February 14, C.L. was placed in the care, custody, and control of the DHS. The DHS offered the mother services including visitation, random drug screens, and substance-abuse evaluations and recommended treatment. On April 25, C.L. was adjudicated a child in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(c)(2), (n), and (o) (2017).

C.L. remained in the care of the DHS while the mother attempted to treat her substance-abuse issues. In March, the mother began attending an outpatient program, but after two weeks her attendance became sporadic. In April, the mother entered an inpatient treatment program but left after three days. Then, in May, the mother entered another inpatient treatment program but left after two days. In the middle of May, the mother successfully rejoined the same inpatient program but she again left after one week. The mother did not engage in other services until September, when she received a substance-abuse evaluation. She did not follow through with the recommendations within the thirty-day timeframe, and she was required to obtain another evaluation in October. Again, the mother did not follow through with the recommendations within thirty days. During this time, the mother continuously failed to report for scheduled drug screens. With no sustained progress toward reunification, the State petitioned to have the mother's parental rights terminated. The matter came on for hearing on January 10, 2018, after which the mother's parental rights were terminated under Iowa Code section 232.116(1)(e), (h), and ( l ).

The mother appeals. 1

II. Standard of Review

Our review of termination proceedings is de novo, giving weight to the district court's fact findings but not being bound by them. In re A.B ., 815 N.W.2d 764 , 773 (Iowa 2012).

III. Grounds for Termination

The mother asserts the State failed to prove the statutory grounds for termination under Iowa Code section 232.116(1)(e), (h), and ( l ). "When the juvenile court terminates parental rights on more than one statutory ground, we may affirm the juvenile court's order on any ground we find supported by the record." Id . at 774.

We turn to the district court's termination of the mother's rights under Iowa Code section 232.116(1)(h). The first three elements of paragraph (h) are not in dispute; rather, the mother only maintains the State did not prove the fourth element by clear and convincing evidence-"that the child cannot be returned to the custody of the child's parents as provided in section 232.102 at the present time." Iowa Code § 232.116 (1)(h)(4). To satisfy its burden of proof under the fourth element, the State must establish "[t]he child cannot be protected from some harm which would justify the adjudication of the child as a child in need of assistance." See id . § 232.102(5)(a)(2); 2 see also In re A.M.S ., 419 N.W.2d 723 , 725 (Iowa 1988).

The mother asserts she has a clean living space and bedroom for C.L.; however, the mother's substance-abuse issues, not her living arrangements, were the basis for termination. The mother is thirty-eight years old and admitted to methamphetamine use since she was nineteen. While the mother now claims to have been sober for the three months leading up to the termination hearing, there is no evidence supporting her claim of sobriety and the record indicates-and the mother admits-she did not participate in ten or more drug screens in September, October, November, and December, immediately preceding the termination hearing. The DHS caseworker testified the mother had not actively participated in services since June 2017. Tellingly, the mother testified and downplayed methamphetamine's effects on C.L. and its effects on the mother's ability to parent. That disregard, combined with the mother's short, unsuccessful stints at inpatient and outpatient treatment facilities, indicates C.L. would be subject to some future adjudicatory harm, due to the mother's untreated substance abuse. In determining the future actions of the parent, her past conduct is instructive. In re J.E. , 723 N.W.2d 793 , 798 (Iowa 2006).

Given this behavior, it is clear the child cannot be returned to the mother's care or custody. See Iowa Code § 232.116 (1)(h)(4). Consequently, we conclude the grounds for termination were established by clear and convincing evidence.

The mother also requested an extension of time to work on her issues and achieve a stable environment for C.L.'s return to her care. See Iowa Code § 232.104 (2)(b) (providing a court may authorize a six-month extension of time if it determines "the need for removal of the child from the child's home will no longer exist at the end of the additional six-month period"). The district court denied the mother's request and found, "More than enough time has expired with no progress toward reunification being made.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Interest of A.M.S.
419 N.W.2d 723 (Supreme Court of Iowa, 1988)
In the Interest of A.B. & S.B., Minor Children, S.B., Father
815 N.W.2d 764 (Supreme Court of Iowa, 2012)
In the Interest of A.A.G.
708 N.W.2d 85 (Court of Appeals of Iowa, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
919 N.W.2d 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-cl-minor-child-iowactapp-2018.