In the Interest of J.K.

495 N.W.2d 108, 1993 Iowa Sup. LEXIS 22, 1993 WL 8846
CourtSupreme Court of Iowa
DecidedJanuary 20, 1993
Docket91-1061
StatusPublished
Cited by32 cases

This text of 495 N.W.2d 108 (In the Interest of J.K.) is published on Counsel Stack Legal Research, covering Supreme Court 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 J.K., 495 N.W.2d 108, 1993 Iowa Sup. LEXIS 22, 1993 WL 8846 (iowa 1993).

Opinion

LAVORATO, Justice.

This termination of parental rights case comes to us on further review of a court of appeals decision. The court of appeals reversed the district.court’s judgment terminating the parental rights of a natural mother to her two children. We vacate the court of appeals decision and affirm the judgment of the district court.

Mike and Pam are the natural parents of the two children — Joshua and Jeremy— who are the subjects of these proceedings. Joshua was born December 2, 1986, and Jeremy was born May 15, 1988.

The district court terminated the parental rights of both parents 1 on the basis of Iowa Code section 232.116(l)(k) (1991). That section provides that the district court may terminate parental rights when the court finds that all of the following have occurred:

(1) The child has been adjudicated a child in need of assistance pursuant to section 232.96 and custody has been transferred from the child’s parents for placement pursuant to section 232.102.
(2) The parent has a severe, chronic substance abuse problem, and presents a danger to self or others as evidenced by prior acts.
(3) There is clear and convincing evidence that the parent’s prognosis indicates that the child will not be able to be *110 returned to the custody of the parent within a reasonable period of time considering the child’s age and need for a permanent home.

(Emphasis added.) The mother concedes that the requirement of paragraph (1) is met but denies that the conditions in paragraphs (2) and (3) exist.

The best interests of the children— within the parameters of Iowa Code section 232.116(l)(k) — guide our determination of whether termination of parental rights is appropriate. Those best interests include the children’s long-range as well as immediate interests. We must concern ourselves with what the future likely holds for the children if the children are returned to their mother. The best evidence for this determination is the mother’s past performance because that performance may indicate the quality of future care she is capable of giving. In re M.M., 483 N.W.2d 812, 814 (Iowa 1992).

Our review is de novo. Id. We give weight to the fact findings of the district court — especially when considering the credibility of witnesses — but we are not bound by them. Iowa R.App.P. 14(f)(7); In re D.P., 431 N.W.2d 777, 780 (Iowa 1988).

The Substance Abuse Problems

Mike was born August 12, 1960. His interest in drugs started at age fourteen when he stole morphine tablets from a pharmacy. At about the same time he began smoking marijuana and abusing alcohol. He quit school in the ninth grade.

At about age twenty-two, Mike became a self-employed contractor for small house repairs. By age twenty-five he was heavily into cocaine and admitted trying through the years virtually every popular drug except heroin. By age twenty-six he had a bad cocaine habit and, according to him, tried to “kick” it by using “crank” intravenously, to which he became addicted. By September 1988 Mike had been hospitalized for chemical dependency three times. The first time was when he was fifteen, the next time was in 1987, and the third time was in September 1988.

Pam was born June 2, 1964. .A victim of sexual abuse in childhood, she began abusing alcohol and smoking marijuana at age thirteen. She dropped out of high school in tenth grade. Intelligence testing shows she is in the borderline normal range of intelligence.

When Pam was seventeen she gave birth to her first child, Chad. By age twenty, she was routinely abusing drugs and alcohol. She was using cocaine and amphetamines by means of inhalation.

In 1984 Pam, with her son Chad, began living with Mike. Pam and Mike used cocaine. When -that habit got too expensive, Mike introduced Pam to crystal metham-phetamines which they took intravenously. This drug usage was to go on for the next four years, even during the time Pam was pregnant with Joshua and Jeremy.

During these four years, Mike continued to work in his home repair business. The family moved frequently, living in a series of towns, dwellings, and motels. Pam often took the children to Mike’s work sites and sat in the car with them while Mike worked.

The couple’s relationship during these four years was marred by violence, fighting, destruction of personal belongings, and neglect of the children. During this period Chad was abused by one of his caretakers.

The couple came to the attention of the Iowa department of human services in June 1988. The department filed a child in need of assistance (CINA) petition based on a founded abuse report regarding the children. The case was continued on the condition that the couple seek services from the department. The couple did nothing and hid from the department. The following month the department received another founded abuse report regarding the children but could not find the family.

In late July the couple began having psychotic delusions manifesting themselves as the devil possessing them. One of these episodes happened while the children were present and involved them. Another happened while the couple was on the highway in their car.

*111 Sometime in early August Mike abandoned Pam and took Joshua and Jeremy with him. Pam had to hitchhike to her parents’ home. For nine days Mike tried to cope with caring for a toddler and an infant. He finally gave up on August 22 when he took Joshua and Jeremy to the department for voluntary placement in foster care, where they have remained to this day.

At this point Mike contacted Pam. The two left Chad with her mother on the pretext that they were going to seek treatment. The two, however, did not seek treatment. Instead they took to the road and continued to use drugs.

In September the couple experienced another devil possession episode. This happened while the two were spending a night in the home of Mike’s parents. Shortly thereafter, the two were involuntarily committed for substance abuse at the Cherokee Mental Health Institute. Neither one made any progress at this institution because they refused to follow the rules.

The institution recommended that Mike’s commitment be transferred. Mike simply left on his own. The Cherokee medical records had this notation about Mike:

This patient’s aftercare plan consists of our recommendation that he go to NCARF [North Central Alcoholism Research Foundation, Inc.] and complete treatment for his drug dependency] there. He does not appear to be appropriate for our treatment program. Prognosis is poor. Eventually, the prison system will have to deal with this young man.

Eventually, Mike went to the NCARF facility in Ft. Dodge. He encountered problems there, did not complete his treatment, and left against medical advice.

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Cite This Page — Counsel Stack

Bluebook (online)
495 N.W.2d 108, 1993 Iowa Sup. LEXIS 22, 1993 WL 8846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jk-iowa-1993.