In the Interest of K.M.R.

455 N.W.2d 690, 1990 Iowa App. LEXIS 28, 1990 WL 58732
CourtCourt of Appeals of Iowa
DecidedFebruary 22, 1990
DocketNo. 89-1148
StatusPublished
Cited by3 cases

This text of 455 N.W.2d 690 (In the Interest of K.M.R.) 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 K.M.R., 455 N.W.2d 690, 1990 Iowa App. LEXIS 28, 1990 WL 58732 (iowactapp 1990).

Opinion

OXBERGER, Chief Judge.

The parents of two children appeal from the juvenile court order terminating their parental rights. They contend they were denied due process by the juvenile court’s alleged requirement that they admit specific instances of abuse in order to avoid termination. They also contend the juvenile court did not adequately designate those portions of the CHINA record of which it took judicial notice. Finally, they challenge the sufficiency of the evidence to establish that the children cannot safely be returned to their home. We affirm.

Our review of proceedings to terminate a parent-child relationship is de novo. Iowa R.App.P. 4. We accord weight to the fact findings of the juvenile court, especially when considering the credibility of the witnesses the court has heard and observed firsthand, but we are not bound by them. Upon our de novo consideration of the record before us, we affirm the termination order.

This case involves two children, a boy born in June 1984 and a girl born in September 1986. Their parents are married to each other, but the marriage is stormy and violent. There was evidence that the father has physically abused the mother and both children on repeated occasions; he has once been convicted of child endangerment. [691]*691Child abuse by the mother has been alleged but not so clearly demonstrated.

In response to the father’s abuse of her, the mother once hired two men to kill him; the two men did assault and seriously injure the father. For her role in these events the mother was convicted of a crime; she served about nine months in prison but reconciled with the father after her parole. Although the parents are still married to each other, the marriage remains marked by conflict and temporary separations.

The older child was placed in foster care in 1985, when he was about a year old, after hospital employees reported bruises on him. (This was before the birth of the younger child.) The older child was returned to the father’s custody in 1986, while the mother was incarcerated for her role in hiring the assailants who injured the father. When the younger child was born in September 1986, during the mother’s incarceration, that child was also placed in the father’s care. After the mother’s parole in November 1986 the children lived with both parents until April 1987. In that month the mother reported to social workers that the father was consistently abusing her and both children. An investigation showed injuries on both children. The children were placed in emergency foster care, and shortly thereafter they were adjudicated to be children in need of assistance. The children have been in foster care continuously since April 1987.

During the children’s foster care the parents have exercised regular visitation. There is conflicting evidence on whether their marital relationship may have improved somewhat; however, it is clear that there remains considerable strife within the marriage. A social worker reported that marital counseling had met with only limited success.

In July 1988 the State filed a petition to terminate the parental rights of both parents with respect to both children. After a hearing, the juvenile court terminated the parental rights of both parents. The juvenile court relied on Iowa Code section 232.-116(l)(e), which permits termination if a child has been adjudicated a child in need of assistance, has been in foster care for twelve of the last eighteen months, and cannot safely be returned to the parents’ home. The parents appeal from the termination order.

The parents contend the juvenile court erred by relying in part on their refusal to admit many of the episodes of alleged child abuse. They argue they were denied due process by the alleged requirement that they admit specific instances of abuse in order to avoid termination. We find this contention without merit.

Iowa courts have recognized the existence of a “ ‘parental interest in the integrity of the family unit; nonetheless we are also cognizant this interest is not absolute, but rather may be forfeited by certain parental conduct.’ ” In Interest of R.J., 436 N.W.2d 630, 634 (Iowa 1989) (quoting In Interest of Dameron, 306 N.W.2d 743, 745 (Iowa 1981)). The State has a duty to assure that every child within its borders receives proper care and treatment, and must intercede when parents fail to provide it. Dameron, 306 N.W.2d at 745. “In regard to this obligation, the general assembly has carefully crafted a legislative framework for State intercession into the parent-child relationship while protecting wherever possible the integrity of the family unit.” In Interest of I.L.G.R., 433 N.W.2d 681, 689 (Iowa 1988).

The parents maintain that the imposition of the burden of admitting the allegations of abuse bears no rational relationship to the relevant question properly before the court and therefore violates their constitutional rights to due process. We disagree. In In Interest of H.R.K., 433 N.W.2d 46, 50 (Iowa App.1988), we rejected a similar contention that involved acknowledging the occurrence of sexual abuse as a requirement to complete a sexual abuse treatment program. In In Interest ofH.R.K we stated, “the best interests of a child in any termination proceeding are of utmost importance ... and the requirement that the parents acknowledge and recognize the abuse before any meaningful change can occur is essential in meeting the child’s needs.” Id. [692]*692We further noted the importance of this recognition on the part of the parents as it acknowledges that such parents are more open to treatment. Id. We believe this reasoning applies equally to the case at bar.

At the hearing Dr. Randall Alexander, a physician and assistant professor at the University of Iowa specializing in child abuse, testified that abusive parents must make an admission to the behavior that caused them to abuse their children before the children can be safely returned home. Dr. Alexander further stated that parents must resolve their own abuse and admit to abusive behaviors before such behaviors can be changed. The juvenile court stated:

In spite of the abuse having been found to have happened by the Juvenile Court and having been found to have happened by a jury restricted by the criminal rules of evidence, the [parents] ... still do not acknowledge the child abuse. The [parents] ... have been described by several witnesses as being controlling and manipulative of the service providers and of the court system. They have launched a diversionary campaign in an attempt to place blame on everyone but themselves.
[The parents] have not made sufficient progress in resolving their marital problems at this time where they could parent together. They have not dealt with the fundamental issue of what caused the behavior that resulted in the abuse to their children in the first place. The same risk is now present which resulted in the children’s removal originally.

We agree with the analysis of the juvenile court.

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Cite This Page — Counsel Stack

Bluebook (online)
455 N.W.2d 690, 1990 Iowa App. LEXIS 28, 1990 WL 58732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-kmr-iowactapp-1990.