In the Interest of E.B., Minor Child

922 N.W.2d 106
Court of Appeals of Iowa·Decided July 18, 2018·No. 18-0909·Published

Opinion

TABOR, Judge.

The father, Daniel, challenges the order terminating his legal relationship to his eight-year-old son, E.B. On appeal, Daniel asks for an additional six months to work toward reunification. Daniel also contends termination of his parental rights was not in his son's best interests and was unnecessary because E.B. remained with Carrie, the child's mother and Daniel's ex-wife. Given Daniel's history of drug use, mental-health mismanagement, lack of consistent housing, and domestic violence, we agree with the conclusions of the juvenile court and affirm the termination order. 1

I. Facts and Prior Proceedings

The Iowa Department of Human Services (DHS) removed E.B. from Daniel's care in August 2016 because of Daniel's ongoing substance abuse and because Daniel was arrested for allegedly assaulting Carrie in E.B.'s presence. Daniel and Carrie were married at the time of the alleged assault, but they have since divorced. In October, the juvenile court adjudicated the child in need of assistance (CINA) under Iowa Code section 232.2(6)(c)(2) (2016) and ordered the child remain in Carrie's custody. The juvenile court subsequently entered an order limiting Daniel's contact with E.B. to supervised visits. To achieve reunification, the court instructed Daniel to act appropriately during visits with E.B. and when interacting with social workers, to follow recommendations for mental-health and substance-abuse treatment, to comply with drug testing, and to abide by the order prohibiting contact with Carrie. The DHS social worker assigned to the family's case saw Daniel make "little to no progress since the initiation of services."

In April 2018, the juvenile court held a hearing on the State's petition to terminate Daniel's parental rights. The State cited paragraphs (a), (e), and (f) of Iowa Code section 232.116(1) (2017) as grounds for termination. The court found clear and convincing evidence to terminate Daniel's parental rights under paragraphs (e) and (f). Daniel appeals. 2

II. Analysis

A. Additional Six Months

Daniel argues an additional six months "would result in a significant change in circumstances" allowing him to reunify with E.B. The father contends he has made progress by attending weekly visitation, completing a substance-abuse evaluation, and a domestic-abuse class.

The juvenile court may enter an order extending permanency 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." Iowa Code § 232.104 (2)(b). But, "[a] parent does not have an unlimited amount of time in which to correct his or her deficiencies." In re H.L.B.R. , 567 N.W.2d 675 , 677 (Iowa Ct. App. 1997). Once statutory timelines have run, the child's best interests are promoted by termination. In re L.M.F. , 490 N.W.2d 66 , 68 (Iowa 1992). Young children cannot wait indefinitely for stable parents. D.W. , 791 N.W.2d at 707.

The juvenile court has supervised E.B.'s family since August 2016. In that time, Daniel completed three separate substance-abuse evaluations but was unsuccessfully discharged from treatment each time due to lack of attendance. Daniel provided two positive drug screens since the initiation of services and failed to show up for testing nineteen times. Daniel admitted to his probation officer that he had been using methamphetamine, most recently in January 2018.

Daniel was incarcerated for nearly two months in the fall of 2017 on charges of harassment and possession of illegal drugs. Daniel also was jailed a short time for violating the no-contact order.

Daniel has been diagnosed with several mental-health conditions. He consistently participated in counseling services for a short time until the provider closed its office. Daniel testified he takes his prescription medication, but the DHS worker testified medication compliance had been an ongoing issue through the CINA case. Because Daniel did not regularly meet with a mental-health provider, the DHS could not verify whether he was taking his medication as recommended. In spite of his multiple diagnoses and history of drug abuse, Daniel downplays his need for counseling services.

Daniel has struggled to maintain adequate housing. At the time of the termination hearing, Daniel was living in a friend's basement. Since August 2016, Daniel also has stayed with his father, with his brother, in his truck, in a tent in a friend's backyard, and with various friends. Daniel has not taken advantage of assistance offered to him to find more permanent housing.

In the nearly two years the CINA case has been pending, Daniel has not been able to address his drug use, mental health, and housing challenges. The record shows Daniel does not take responsibility for his own actions and failures but chooses instead to blame Carrie and the DHS. Delaying permanency for E.B. is not appropriate under these circumstances.

B. Best Interests/Parent-Child Bond

Daniel also contends termination of his parental rights was not in E.B.'s best interests because they are bonded to each other. Our determination of best interests must track section 232.116(2). See In re P.L. , 778 N.W.2d 33 , 40 (Iowa 2010) (rejecting court's use of an unstructured best-interests test). That provision focuses on the child's safety; the best placement for furthering long-term nurturing and growth; and physical, mental, and emotional condition and needs. See Iowa Code § 232.116 (2).

By his ongoing substance abuse, fluctuating housing arrangements, and threatening and violent behavior toward Carrie, Daniel has placed E.B. at risk of harm. Daniel has exposed E.B. to the parents' toxic relationship. The child has made substantial progress since the case started and is doing well living with Carrie. E.B. was aggressive and disobedient when the case started but now accepts his mother's authority without conflict and has better coping skills. The best placement for furthering long-term nurturing and growth is with Carrie.

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

In the Interest of E.B., Minor Child, 922 N.W.2d 106 (iowactapp 2018).

922 N.W.2d 106 (In the Interest of E.B., Minor Child) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In the Interest of H.L.B.R.
567 N.W.2d 675 (Court of Appeals of Iowa, 1997)
In Re P.L.
778 N.W.2d 33 (Supreme Court of Iowa, 2010)
In the Interest of L.M.F.
490 N.W.2d 66 (Court of Appeals of Iowa, 1992)
In the Interest of L.G.
532 N.W.2d 478 (Court of Appeals of Iowa, 1995)
In the Interest of M.W. and Z.W., Minor Children, R.W., Mother
876 N.W.2d 212 (Supreme Court of Iowa, 2016)
In The Interest Of D.W., Minor Child, A.M.W., Mother
791 N.W.2d 703 (Supreme Court of Iowa, 2010)
In the Interest of C.B.
611 N.W.2d 489 (Supreme Court of Iowa, 2000)