In the Interest of Kelley

262 N.W.2d 781, 1978 Iowa Sup. LEXIS 1220
CourtSupreme Court of Iowa
DecidedFebruary 22, 1978
Docket60826
StatusPublished
Cited by22 cases

This text of 262 N.W.2d 781 (In the Interest of Kelley) 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 Kelley, 262 N.W.2d 781, 1978 Iowa Sup. LEXIS 1220 (iowa 1978).

Opinion

McCORMICK, Justice.

This is an appeal by Michael Kelley from a decree terminating his relationship with his daughter Kathy Sue. The action was brought under chapter 600A, The Code. Michael contends the trial court erred (1) in failing to apply the clear and convincing evidence standard of proof, (2) in terminating the relationship on the ground of abandonment, (3) in terminating the relationship on the ground of nonpayment of child support, and (4) in terminating the relationship on the ground of failure to remedy conditions which led to a prior neglect adjudication. We affirm the trial court.

We have not previously said whether our review of termination proceedings under chapter 600A is de novo as it was when termination grounds were specified in chapter 232. See §§ 232.40-232.49, 232.58, The Code, 1975. The new statute incorporates by reference the hearing provisions of §§ 232.27, 232.28, 232.30, and 232.32. See § 600A.7(1), The Code. We believe that, by implication, we are to review termination decisions under chapter 600A in the same manner as we reviewed chapter 232 termination proceedings. Therefore our review here is de novo. Cf. Long v. Long, 255 N.W.2d 140, 143 (Iowa 1977); In Interest of Wheeler, 229 N.W.2d 241, 244-245 (Iowa 1975).

We recite the facts which we find established by clear and convincing proof upon our de novo review of the record.

Michael and Karen Meyers Kelley of Cedar Rapids had been married approximately four months when Kathy was born on July 26, 1974. Michael was then 17 and had been in the army stationed in Missouri for one month. Karen was 16. She had been the victim of child abuse and had been removed from her home by the juvenile court. Karen’s county department of social services caseworker became Kathy’s caseworker after she was born.

From the time Kathy was two weeks old Karen believed beating was an appropriate way to discipline her. Neither Karen nor Michael possessed even minimal parenting skills. Moreover, their marriage was unstable from its inception. Although they accepted counseling before their marriage, when they had to do so for Karen to get permission to marry, they rejected it thereafter. A public health nurse worked with Karen to little avail.

Michael obtained a discharge from the army in August 1974 on the ground of family hardship. He and Karen were plagued by financial problems and fought constantly.

In October 1974 Kathy received hospital care for a bruise which covered one side of her face. Michael told the investigating caseworker the baby had fallen out of her infant seat while he was babysitting and Karen was starting her first day on a job. The caseworker suspected child abuse.

Karen initiated a marriage dissolution action on October 25, 1974, and Michael left the home. They subsequently fought over possession of Kathy, and on October 29, 1974, the caseworker filed an affidavit to obtain emergency custody of the child, who as a result was placed in foster care. The caseworker testified the fighting, immaturity, financial difficulties and neglect made this action imperative.

The department of social services filed a petition alleging Kathy was a neglected child under § 232.2(15)(b), (c) and (d) of the 1973 Code. Following a hearing the juvenile court in December 1974 adjudicated Kathy to be a neglected child and ordered her kept in foster care. In February 1975, *783 pursuant to stipulation of counsel, the court placed Kathy in temporary custody of the department for “planning, casework and placement.” She was to remain in foster care, subject to parental visitation rights, Karen was to continue counseling, and the matter was to be reviewed in six months.

Michael insisted Karen should not have Kathy and he believed she should either be placed for adoption or in his custody. The caseworker discussed this with him repeatedly. However, they met in person to discuss the subject only once. On 15 other occasions the caseworker tracked Michael down by telephone and attempted to explain what he had to do in order to assume parental responsibilities.

The caseworker suggested that they meet once a month, that Michael visit Kathy regularly so she would not forget him, that he get a job, that he find a place to live, that he obtain counseling, and that he pay child support as ordered or seek modification of the order.

Regarding one typical telephone contact she testified as follows:

Q. Did you go over with him the things he would need to do to get custody of the child? A. Yes.
Q. What were those things? A. Same things, counseling, regular visits, meeting with me, paying the child support, having a job and a place to live and — if he should get Kathy back — a willingness to continue with all that and to work with public health nursing, or whatever was needed.
Q. Now, did he indicate to you that he would follow through on that? A. Yes, he did.
Q. Did he follow through? A. He didn’t follow through on anything.

Michael confirmed this testimony when he testified:

Q. Did you * * * take these steps at all? A. At first, I was thinking that maybe I should, but, no, I never did.
Q. Why? A. Because I didn’t feel like it was right for somebody to tell somebody else * * * how to run their life.

He explained his failure to keep in touch with the caseworker as follows:

Q. Why was it that you didn’t keep in touch with the department of social services? A. I felt like it was the department of social services job to keep the parents informed of what was going on, not the parents to keep them informed.
* * * * * *
Q. Do you feel it was their duty to come looking for you? A. Yes, that’s what social services is suppose to be about, anyway, from what I understood.

In July 1975 Karen was permitted to visit with Kathy outside the foster home. Michael was upset by this. He expressed a desire to obtain custody of the child, but his interest lasted for approximately six weeks. He failed to follow the recommendations of the social services department and then made no contact with the department for approximately one year.

Michael and Karen’s marriage was dissolved in October 1975. Michael was ordered to pay $110 a month toward Kathy’s support, but from the time he left Karen until the time of trial of this case in April 1977 he actually paid nothing on his support obligation. Even though he claimed he could not afford to do so, he was employed most of the period involved and had quit one job to take a trip to Texas during that time.

Karen married David Youngbear and gave birth to a son in November 1975. In February 1976 Kathy was returned to her. Karen was to participate in Parent’s Anonymous and receive counseling. In March David Youngbear went to prison.

Karen’s care of Kathy steadily deteriorated. A new caseworker noted in August 1976 that Kathy’s vocabulary was limited, she talked little and she seemed fearful.

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Cite This Page — Counsel Stack

Bluebook (online)
262 N.W.2d 781, 1978 Iowa Sup. LEXIS 1220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-kelley-iowa-1978.