In the Interest of J.L.W.

570 N.W.2d 778, 1997 Iowa App. LEXIS 96, 1997 WL 732131
CourtCourt of Appeals of Iowa
DecidedSeptember 24, 1997
Docket97-690
StatusPublished
Cited by61 cases

This text of 570 N.W.2d 778 (In the Interest of J.L.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 J.L.W., 570 N.W.2d 778, 1997 Iowa App. LEXIS 96, 1997 WL 732131 (iowactapp 1997).

Opinion

VOGEL, Judge.

A mother appeals the juvenile court decision to terminate her parental rights to her minor child. She claims there is insufficient evidence to support the termination and the State failed to make reasonable efforts to reunite her with her child. We affirm.

Lori and Daniel are the parents of Jacob, who was born on July 16, 1993. Lori and Daniel were never married, but lived together from March 1992 until March 1995. The relationship was marked by domestic violence.

The Department of Human Services (DHS) became involved with Lori in May 1995 when Jacob had a suspicious bruise on his arm. DHS issued a founded report of physical abuse, perpetrator unknown. A founded report of denial of critical care was issued by DHS in August 1995 when Lori left Jacob in the care of an inappropriate babysitter.

Lori has borderline mental retardation. She has been diagnosed with alcohol dependence and depression. Lori tended to leave Jacob in the care of others while she drank. She admitted to a social worker she had given alcohol to Jacob on several occasions. Jacob is developmentally delayed. He also had problems with constipation which required medication. Lori admitted she did not follow Jacob’s medication regimen because of her drinking.

On November 3, 1995, Lori voluntarily agreed to place Jacob in foster care. Jacob was adjudicated a child in need of assistance in January 1996. Lori was ordered to participate in individual therapy and parent skill development, obtain substance abuse treatment, and participate in a domestic violence group. Lori was also allowed to have supervised visits with Jacob.

Lori completed an outpatient substance abuse treatment program, but quickly relapsed. She attempted three different inpatient treatment programs, but was unsuccessfully discharged from each one. Lori also continued to maintain abusive male relationships. She engaged in dangerous behavior by having sex with men she did not know. She expressed an interest in getting back together with Daniel, although she admitted their relationship included domestic violence.

In March 1996, an emergency commitment was ordered by the district court due to Lori’s threats to commit suicide rather than enter treatment. Lori was placed on medication for her depression. However, she *780 soon quit taking her medication and began engaging in indiscriminate sex and drinking again.

At a commitment reviéw hearing in July 1996, Lori was involuntarily committed for substance abuse treatment. In October 1996 she ran from the facility and proceeded to drink alcohol. Lori then had a thirty-day evaluation at a State psychiatric hospital. A psychiatrist recommended individual counseling and therapy for substance abuse. In November 1996, Lori entered inpatient substance abuse treatment.

While in foster care Jacob has made great gains in meeting developmental milestones. Due to a stable schedule and diet, he no longer has constipation problems. The foster family has expressed an interest in adopting Jacob.

The State filed a petition to terminate parental rights on January 7, 1997. At the termination hearing, Lori testified she would need another six months of treatment, and then several months to establish an apartment before she would be ready to care for Jacob. She also testified she had ended her relationship with Daniel the day before the hearing. The juvenile court terminated Lori’s parental rights pursuant to Iowa Code sections 232.116(l)(g) and (k). Daniel’s parental rights were also terminated. Only Lori has appealed.

I. The scope of review in termination cases is de novo. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993). The grounds for termination must be proven by clear and convincing evidence. In re R.R.K., 544 N.W.2d 274, 277 (Iowa App.1995). Our primary concern is the best interests of the child. In re A.B., 554 N.W.2d 291, 293 (Iowa App.1996).

II. Lori contends the State failed to prove the grounds for termination of her parental rights by clear and convincing evidence. She believes the juvenile court improperly considered the superior parenting ability of the foster parents as a ground for termination. Our review of the juvenile court’s order shows the court considered the foster family as a factor in determining Jacob’s best interests, and not as a ground to terminate Lori’s parental rights.

Lori also claims her parental rights were terminated only because she did not comply with the ease plan. Lori asserts this cannot be an independent ground for termination of her parental rights. The evidence shows Lori’s parental rights were not terminated solely because she failed to comply with the case permanency plan. Lori’s failure to comply with the requirements of the plan shows her lack of commitment to Jacob, and her persistence in putting her own needs before those of her child.

III. Lori objected to several of the State’s exhibits on the grounds of hearsay and lack of foundation. The juvenile court overruled her objections and Lori raises this issue on appeal.

In a termination proceeding, a court may judicially notice exhibits which were part of the prior child in need of assistance proceeding. In re E.J.R., 400 N.W.2d 531, 532-533 (Iowa 1987). The papers must be marked, identified, and made a part of the record. Id. at 532. Exhibits 1 to 60 were part of the child in need of assistance proceedings. The juvenile court properly took judicial notice of these exhibits.

Lori also objected to a hospital record and a report to the court authored by a DHS social worker. These exhibits were admissible under section 232.96(6), which provides:

A report, study, record, or other writing or an audiotape or videotape recording made by the department of human services, a juvenile court officer, a peace officer or a hospital relating to a child in a proceeding under this division is admissible notwithstanding any objection to hearsay statements contained in it provided it is relevant and material and provided its probative value substantially outweighs the danger of unfair prejudice to the child’s parent, guardian, or custodian. The circumstances of the making of the report, study, record or other writing or an audiotape or videotape recording, including the maker’s lack of personal knowledge, may be proved to affect its weight.

We find no abuse" of discretion in the juvenile court’s decision to admit this evidence.

IV. Lori asserts the State did not make reasonable efforts to reunite her with Jacob. She claims that within four months after *781 Jacob was adjudicated a child in need of assistance DHS had already made a decision to terminate her parental rights. She believes she was not given an adequate chance to reunite with her child.

We question whether Lori has preserved error on this issue because she did not raise it before the juvenile court at the termination hearing.

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Bluebook (online)
570 N.W.2d 778, 1997 Iowa App. LEXIS 96, 1997 WL 732131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jlw-iowactapp-1997.