In the Interest of C.W.

514 N.W.2d 754, 1994 Iowa App. LEXIS 6, 1994 WL 116644
CourtCourt of Appeals of Iowa
DecidedJanuary 25, 1994
DocketNo. 93-1053
StatusPublished

This text of 514 N.W.2d 754 (In the Interest of C.W.) 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.W., 514 N.W.2d 754, 1994 Iowa App. LEXIS 6, 1994 WL 116644 (iowactapp 1994).

Opinions

HABHAB, Judge.

The mother, T.W., appeals the termination of her parental rights to two of her children, C.W., born January 30, 1986, and S.W., born April 5, 1990.1 We affirm.

On July 4, 1991, T.W. and the children went to New Mexico and were staying with Mr. and Ms. Schupp. One week later, the children were removed from their mother’s custody after the Schupps’ reported the mother physically and verbally abused the children. Ms. Schupp told the investigator the incident had occurred after Ms. Schupp asked T.W. to discipline the children after S.W. had been pulling out drawers and getting into closets. T.W. then became very angry and threw S.W. into the couch. T.W. continued to scream at S.W. throughout the afternoon. When C.W. attempted to intervene, S.W. grabbed her and forced her down, got on top of her and beat her with closed fists about her face, arms and chest area. When the investigator asked T.W. about the incident, she admitted she lost her temper and she had thrown S.W. into the couch and struck T.W.

On July 17, 1991, T.W. returned to Iowa without the children. On July 31, 1991, petitions to find C.W. and S.W. children in need of assistance were filed in Iowa.

The children returned to Iowa on September 26, 1991, and were placed in foster care. On October 22, 1991, C.W. and S.W. were adjudicated children in need of assistance (CIÑA) as defined in Iowa Code section 232.-2(6)(b) pursuant to the parties’ stipulation.

During the investigation in New Mexico, authorities learned that in 1989, while living in Iowa, T.W. had thrown C.W. on the ground and had broken her leg. T.W. admitted C.W. had been playing with a kitten at the home of one of T.W.’s friends. The fiiend asked T.W. to discipline the child to prevent her from harming the kitten. When the friend suggested to T.W. she had not sufficiently disciplined C.W., T.W. got mad and grabbed C.W. and said something to the effect of “I’ll show you what discipline is,” then threw C.W. on the ground. A founded abuse report was filed with regard to this incident in November of 1991.

On November 22,1991, following a disposition hearing, and by agreement of all parties, the children were placed in the custody of the Iowa Department of Human Services (DHS) for the purpose of continuing foster care. The New Mexico records were made part of the record without objection. The juvenile court adopted the case permanency plan pursuant to which T.W. was to establish a safe and appropriate home, visit regularly with the children, commit no further child [756]*756abuse and learn to handle her anger, maintain employment and a stable lifestyle, participate in parenting services, counseling, psychological evaluation and recommendations, and learn to budget money.

Review hearings were held in May and December 1992. All parties continued to agree that the children should remain in foster care. On February 17,1993, the State filed petitions to terminate T.W.’s parental rights, alleging “T.W. has failed to make sufficient or sustained progress on the case plan such that the children could be returned home.” Hearing was held on March 30 and 31, 1993.

T.W. admitted in New Mexico she hit C.W. on the shoulder and that in 1989 she had thrown C.W. to the ground, breaking her leg. However, she testified she loved her children; had learned to control her anger and temper outbursts and had not hit her children since they returned from New Mexico; had found a home suitable for the children; had attended visitations and counseling sessions; and had maintained steady employment.

The juvenile court found T.W. had made progress, but that if the children were returned to her custody they would face an unacceptable risk of physical, verbal, and mental abuse. T.W.’s parental rights to both children were terminated pursuant to Iowa Code section 232.116(l)(e) (1991) (previous CINA adjudication after finding physical or sexual abuse or neglect and circumstances remain despite services) and 232.116(h) (CINA based on finding of physical or sexual abuse or neglect and imminent harm of same despite services). As to S.W. only, T.W.’s rights were also terminated pursuant to 232.-116(g) (under three years, previous CINA, removed from home six to twelve months, and cannot be returned to parent’s custody). T.W. appeals.

Our review of termination proceedings is de novo. In re W.G., 349 N.W.2d 487, 491 (Iowa 1984) cert. denied sub nom. J.G. v. Tauke, 469 U.S. 1222, 105 S.Ct. 1212, 84 L.Ed.2d 353 (1985). We give weight to the findings of fact of the juvenile court, especially when considering the credibility of witnesses, but we are not bound by those determinations. Id. at 491-92.

The primary concern in termination proceedings is the best interest of the child. Iowa RApp.P. 14(f)(15); In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981).

We look to the child’s long-range, as well as immediate, interests. We consider what the future holds for the child if returned to his or her parents. Insight for this determination can be gained from evidence of the parent’s past performance, for that performance may be indicative of the quality of the future care the parent is capable of providing. Our statutory termination provisions are preventative as well as remedial. They are designed to prevent probable harm to a child.

In re R.M., 431 N.W.2d 196, 199 (Iowa App.1988) (citing Dameron, 306 N.W.2d at 745).

Iowa Code section 232.116(l)(c) (1991) permits the juvenile court to terminate the parent-child relationship if the court finds both of the following have occurred:

(1) The court has previously adjudicated the child to be a child in need of assistance after finding the child to have been physically or sexually abused or neglected as the result of the acts or omissions of one or both parents, or the court has previously adjudicated a child who is a member of the same family to be a child in need of assistance after such a finding.
(2) Subsequent to the child in need of assistance adjudication, the parents were offered or received services to correct the circumstance which led to the adjudication, and the circumstance continues to exist despite the offer or receipt of services.

T.W. admits having hit C.W. However, she claims that she has never harmed S.W. and the 1991 CINA adjudication failed to establish the requisite finding of physical abuse. Consequently, T.W. contends there are no grounds upon which termination of S.W. can be based. We find no merit in this argument.

At the CINA adjudication the parties’ stipulated to the allegations in paragraph 4(a). Paragraph 4(a) of the petition alleged:

[757]*7574(a). On July 12, 1991, [C.W.] and [S.W.] were removed from the custody of their mother, [T.W.], by officers of the Clovis, New Mexico Police Department through process of an emergency removal. The emergency removal occurred after T.W. verbally and physically abused the children while residing as a house guest of Amy Schupp in Clovis, New Mexico.

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

Related

In the Interests of W.G.
349 N.W.2d 487 (Supreme Court of Iowa, 1984)
In the Interest of Dameron
306 N.W.2d 743 (Supreme Court of Iowa, 1981)
In the Interest of L.M.F.
490 N.W.2d 66 (Court of Appeals of Iowa, 1992)
In the Interest of D.J.R.
454 N.W.2d 838 (Supreme Court of Iowa, 1990)
Office of Consumer Advocate v. Iowa Utilities Board
454 N.W.2d 883 (Supreme Court of Iowa, 1990)
In the Interest of R.M.
431 N.W.2d 196 (Court of Appeals of Iowa, 1988)
J.S. v. State
449 N.W.2d 349 (Supreme Court of Iowa, 1989)
J. G. v. Tauke
469 U.S. 1222 (Supreme Court, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
514 N.W.2d 754, 1994 Iowa App. LEXIS 6, 1994 WL 116644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-cw-iowactapp-1994.