In the Interest of C.W.

522 N.W.2d 113, 1994 Iowa App. LEXIS 69, 1994 WL 515598
Court of Appeals of Iowa·Decided August 4, 1994·No. 94-0078·Published·Cited by 12 cases

Opinions

SACKETT, Judge.

Linda appeals a trial court order terminating her parental rights to her daughter Casey, born September 30, 1988. Linda contends: (1) there was not clear and convincing evidence supporting the termination; (2) it was not in Casey’s best interest her parental rights be terminated; and (3) the trial court should have recused itself. We affirm.

Linda has given birth to four children. Casey is her youngest. Linda’s parental rights to her three older children were terminated on April 17, 1989. At the time of Casey’s birth, Linda’s older children, her half-siblings, were in foster care.

In May 1990 a child in need of assistance petition was filed seeking to have Casey found to be a child in need of assistance because of conditions in Linda’s apartment. Those conditions specified in the petition were broken glass on the kitchen floor, unstable stacks of pots and pans, dishes containing leftover food that was spoiled and appeared to be developing mold, sharp knives near the edge of the stove and counter-top, broken glasses with cigarette butts and ashes, a fan without a protective cover, an aspirin bottle at the edge of the bathroom sink, a baby crib with -no sheet contained drying vomit, an overturned television set and a trash can in the middle of Casey’s room. Linda contended a friend had used her apartment while she was gone and allowed the conditions to exist. The court found Casey to be a child in need of assistance but determined Linda had corrected her living conditions, and Casey was allowed to remain in her care.

The record reflects that following this hearing, Linda took good care of Casey and diligently met with a family therapist and attended AA meetings.

In early 1991 the State sought to conclude the case and the attorney and guardian ad litem for Casey objected. The attorney and guardian ad litem based their recommendations on the status of the mother’s substance abuse problems and the fact Linda’s father was soon to be released from prison, and he posed a danger to his family. The attorney and guardian ad litem recommended continual monitoring. However; on February 20, 1991, the action was dismissed.

On August 12, 1991, the state obtained an emergency order removing Casey from her mother’s care. The facts alleged in support of the order were Casey was left with Nancy, a friend of Linda’s, because Linda had no home and Casey was left without a medical release or provisions for medical coverage, and Linda could only be contacted through a third person. On August 15, 1991, Casey was returned to Linda’s care and subsequently ordered to remain in her mother’s care under protective supervision by the Iowa Department of Human Services.

Linda and Casey were accepted in the House of Mercy program in Des Moines. Linda’s acceptance in the program was part of her probation for a felony check charge she was sentenced for in July 1989, and ordered to serve five years probation. The attendance was ordered as a result of a probation violation. Linda had been found to be using alcohol in violation of a probation requirement.

[115] The House of Mercy program is a program for mothers with substance abuse problems and provides, in a number of cases, for the child to live at the facility with the mother. Unfortunately, Casey’s problems were too difficult to be addressed in the child care setting at the House of Mercy, and the House of Mercy staff recommended several Des Moines placements for Casey, but there was no funding for her therapy and limited funding for her to attend a care center. Linda’s funding for therapy was denied because she had failed to follow through on what was referred to as “Promise Job.”

Consequently, Linda was discharged from the House of Mercy on June 30, 1992. The letter advising Linda of her discharge related there was not sufficient funding for needed therapy services for Casey, and the center determined there could not be a sufficient benefit to Linda and Casey because the House of Mercy did not have a child and family therapist on their staff and Linda had been unwilling to recognize the need of therapy for herself and was reported to have engaged in sexual activity on their property. Linda left the program and was put in the Community Correction Center in Cedar Rapids, and Casey was placed in foster care. This was in July 1992. Casey’s placement with her first foster care family lasted until January 1993, when she was moved to her present family.

Linda and Casey were referred to Tanager Place and Tanager Place’s personnel supervised and monitored a number of visits and found interaction between Casey and her mother to be satisfactory, but not without problems. When Casey was moved to her current foster care placement, visits commenced being supervised by Systems Unlimited.

Linda was discharged from Community Correctional Center on January 22, Í993, and went to live with family members because it was the only housing available to her. After Linda’s discharge, a program referred to as FACT began working with Linda. It was determined Linda performed well in visitations but FACT said she was autocratic in her style of approaching Casey and suggested consequences, choices, and redirections. Linda tried to work with Casey as directed. FACT observed Linda displayed good nurturing skills and she was patient and loving and listened to Casey.

Linda was to have parenting classes, etc. and attend AA meetings. She said she has remained sober but cannot attend all meetings because of transportation problems. She completed all scheduled appointments with her probation officer.

The file goes on with new provisions and a duplication of many of the services offered earlier, ultimately resulting in a petition being filed for termination of Linda’s parental rights.

At the time of the termination hearing, Linda was thirty-one years old.

In terminating Linda’s parental rights, the court found Linda failed to remain substance free which resulted in her probation being revoked and in losing her low-income housing. The court also found Linda was required to get her G.E.D. and job training so she could support herself and Casey. The court found Linda has only worked on her G.E.D. and has had a job for about a month as a housekeeper and was convicted of an assault when she got in a fight with a woman outside a bar.

The court went on to find housing has been a constant problem for Linda and she seems to be homeless and she and Casey have lived with persons who should not have contact with Casey.

The court found Linda maintained most visitations but visitation had to be held in parks and public buildings because she had no home, and she has not been as regular in attending when transportation is not provided. The court also found fifteen agencies have tried to save Casey from the environment her mother’s care provided, and there was no reason to believe Casey’s future will be better in her mother’s care.

Casey has been identified as a child with problems. She is aggressive, uses foul language, and has engaged in sexually inappropriate behavior.

Casey’s current foster parents have had a very positive influence on her. They are [116] well-educated and indicate adoption is a possibility.

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In the Interest of C.W., 522 N.W.2d 113, 1994 Iowa App. LEXIS 69, 1994 WL 515598 (iowactapp 1994).

522 N.W.2d 113 (In the Interest of C.W.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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