In the Interest of M.L.W.

461 N.W.2d 609, 1990 Iowa App. LEXIS 315, 1990 WL 156881
CourtCourt of Appeals of Iowa
DecidedAugust 30, 1990
Docket90-320
StatusPublished
Cited by6 cases

This text of 461 N.W.2d 609 (In the Interest of M.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 M.L.W., 461 N.W.2d 609, 1990 Iowa App. LEXIS 315, 1990 WL 156881 (iowactapp 1990).

Opinions

DONIELSON, Presiding Judge.

R.W., mother, and J.W., father, appeal from the juvenile court order terminating their parental rights with regard to their two sons. They challenge the sufficiency of the evidence to support termination. We affirm.

This case involves two children, M.W., born in July, 1981, and G.W., born in May, 1983. Their parents were married to each other in 1975, but the marriage was dissolved in May 1983. The dissolution decree placed the children in the mother’s custody.

The parents’ marriage was chaotic and marked by several instances of domestic violence. This violence has necessitated the use of domestic violence shelter services by R.W. on various occasions. The dissolution of the marriage did not end the relationship between R.W. and J.W., nor did it terminate the violence. J.W. has consistently denied the occurrence of do[611]*611mestic abuse and has denied responsibility for instances where R.W. has been injured.

Both parents are suspected of physically abusing the children on repeated occasions. Department of Human Services’ (DHS) records indicate that involvement with this family began in 1983 and since that time there have been at least eight substantiated child abuse or denial of critical care reports concerning one or both of the children.

In April of 1987, M.W. was adjudicated to be a child in need of assistance on grounds of a lack of supervision. M.W. was again adjudicated to be a child in need of assistance in November of 1987 grounded upon physical abuse by parent, as well as lack of supervision. At this time M.W. was ordered removed from R.W.’s custody and placed in foster care.

In March, 1988, the court adjudicated G.W. to be a child in need of assistance due to parental failure to exercise a reasonable degree of care in supervising him. In March, 1989, R.W. consented to the placement of G.W. in foster care. The children have remained in foster care continuously since the dates noted above.

In December 1989 the State filed a petition asking that the parental rights of both parents be terminated as to M.W. and G.W. The matter of termination came for trial before the juvenile court January 10 and 11, 1990, and the court did terminate the parental rights of both parents. With regard to M.W., the older child, the court relied on Iowa Code section 232.116(l)(e), which permits termination if a child has been adjudicated CIÑA, has been in foster care for twelve of the last eighteen months, and cannot safely be returned to the parents’ care. With respect to G.W., who had been in foster care for a shorter period, the juvenile court relied on Iowa Code section 232.116(l)(c). That statute permits termination if several conditions are met, including physical abuse and the failure of State-offered services to correct the abusive situation.

The parents challenge the sufficiency of the evidence to prove that M.W. cannot safely be returned to their custody. They also argue the evidence failed to show either that G.W. had been physically abused, or that the State ha'd provided adequate but unsuccessful services in an attempt to correct the abusive situation.

I. Standard of Review. Appellate review of termination proceedings is de novo. In re W.G., 349 N.W.2d 487, 491 (Iowa 1984), cert. denied, 469 U.S. 1222, 105 S.Ct. 1212, 84 L.Ed.2d 353 (1985). We give weight to the findings of fact of the juvenile court, especially when considering the credibility of witnesses, but we are not bound by those determinations. Id. at 491-92.

II. M.W. Iowa Code section 232.-116(l)(e), relied upon as the basis for termination in the case of M.W., allows termination of the parent-child relationship if:

(1) The child has been adjudicated a child in need of assistance pursuant to section 232.96;
(2) The custody of the child has been transferred from the child’s parents for placement pursuant to section 232.102 for at least twelve of the last eighteen months; and
(3) There is clear and convincing evidence the child cannot be returned to the custody of the child’s parents as provided in section 232.102.

The third requirement of this section is met when the child cannot be returned to the parental home because the definitional grounds of a child in need of assistance, Iowa Code § 232.2(6), exist. In re A.M.S., 419 N.W.2d 723, 725 (Iowa 1988).

Children should not be forced to endlessly await the maturity of their parents. In Interest of T.D.C., 336 N.W.2d 738, 744 (Iowa 1983). Termination must occur if twelve to eighteen months have elapsed since the child was removed from the home and the parent still cannot take care of the child. Id. Evidence of the parent's past performance may be indicative of the quality of future care he or she is capable of providing. In the Interest of Dameron, 306 N.W.2d 743, 745 (Iowa 1981).

[612]*612Child in Need of Assistance (CINA) petitions were filed on both children in 1983 following two founded reports of denial of critical care. The petitions alleged that R.W. did not attend to the children’s physical and emotional needs. An evaluation was done of R.W. at Broadlawns Medical Center after the filing of the CINA petitions. The evaluation concluded that R.W. was a well meaning, passive-dependent woman of limited intellectual functioning. It indicated that situational stressors interfered with adequate parenting. The evaluation noted that the relationship of R.W. and J.W. had been a chaotic one, characterized by separations, alcohol abuse, and domestic violence. Both children were adjudicated in need of assistance upon the stipulation of all the parties.

In 1984 DHS filed a report which indicated that service providers were experiencing difficulty contacting R.W. She was not attending parenting classes and was missing appointments with the homemaker.

In 1985 allegations of physical abuse by mother were substantiated. M.W. had visible injuries that the investigating worker concluded were caused by R.W.’s use of a belt.

Service providers acknowledged some improvement in parenting skills by R.W. and, in early 1986, hesitantly recommended the case be closed as it was unlikely that continued services would lead to further progress. However, in November of 1986 a new child abuse report was filed and allegations of physical abuse of M.W. were substantiated, R.W. being the perpetrator. M.W. had been whipped about the back and face with an object that a medical report indicated was likely a doubled-up cord.

Again in February, 1987, another substantiated report indicated M.W.’s mother had struck him in the head with a can opener. In the summer of 1987 a DHS report was filed stating other reports of physical abuse had occurred in addition to those which had been substantiated. At this time, the social worker expressed concern about an entrenched cycle wherein J.W. and R.W. disagreed about the children’s care, J.W. would leave, resulting in a lack of support for R.W.

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In the Interest of M.L.W.
461 N.W.2d 609 (Court of Appeals of Iowa, 1990)

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Bluebook (online)
461 N.W.2d 609, 1990 Iowa App. LEXIS 315, 1990 WL 156881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mlw-iowactapp-1990.