In the Interest of M.R.

487 N.W.2d 99, 1992 Iowa App. LEXIS 67, 1992 WL 166164
CourtCourt of Appeals of Iowa
DecidedMay 28, 1992
Docket91-1688
StatusPublished
Cited by4 cases

This text of 487 N.W.2d 99 (In the Interest of 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 M.R., 487 N.W.2d 99, 1992 Iowa App. LEXIS 67, 1992 WL 166164 (iowactapp 1992).

Opinion

DONIELSON, Judge.

Michael and Michelle are three-year-old fraternal twins. R.M., their father, and J.R., their mother, never married. R.M. lives in a group home facility and acknowledges his inability to care for the twins. J.R. was not yet eighteen when she bore the twins, and she has only an eighth grade education. She has been diagnosed with an unspecified personality disorder and borderline intellectual functioning. Her intelligence quotient translates to a mental age of approximately fourteen or fifteen.

For the first eighteen months of their lives, the twins lived with J.R. in an apartment. In April 1990 the Department of Human Services received a child abuse report alleging J.R. was neglecting the twins. Investigators acting on the report found the twins and their environment extremely filthy and unsanitary.

The apartment was littered with clothing, cans, papers, cigarette butts, and pieces of food. There were cat feces all over the floor, and the stench of urine permeated the apartment. There were bottles of sour and curdled milk in, under and around the twins’ cribs. Paint was peeling off the walls by the cribs leaving paint chips on the twins’ mattresses. The beds had no sheets. A soiled Kotex was found in the twins’ bedroom beside a large pile of dirty diapers and a puddle of milk. Dirty diapers were strewn throughout the living room and on the table. The home was cluttered with dirty dishes; even the bathtub was filled with dishes.

The twins’ health and hygiene had likewise been neglected. Both were caked with dried feces, and Michelle had such a severe diaper rash she had developed open sores between her legs and on her bottom and vagina. J.R. had no ointment for the rash. When dropped off at daycare, both twins were filthy, smelled unclean, and carried sour-smelling bottles of milk. Both had headlice and were often dressed inappropriately for cool weather. Finally, their height, weight and developmental statistics were well below normal. The cause of their developmental problems was later determined to be environmental, and their condition was accordingly diagnosed as failure to thrive. A founded denial of critical care report resulted, and a homemaker health aide continued to work with the family for approximately six weeks before services were terminated and the Department of Human Services initiated juvenile court involvement.

*101 On June 26, 1990, the State filed petitions alleging the twins were children in need of assistance. J.R. stipulated the twins were children in need of assistance pursuant to Iowa Code section 232.2(6)(g), and after a dispositional hearing, the twins were placed in family foster care. In-home visitation was ordered to take place in J.R.’s home in conjunction with the visits of the homemaker health aide. In addition, J.R. agreed to obtain a physical and mental examination to determine what services were most suited to her needs. Based on the results of the mental examination, “hands-on” parenting skills training was recommended.

On March 5, 1991, a six-month review hearing was held, and the juvenile court found J.R. had failed to show the children could be returned to her home without suffering harm. J.R. had moved into an apartment with her parents, and service providers testified the shared apartment was filthy. J.R. had made little progress in therapy and had discontinued treatment in January 1991. Her therapist described her as immature, vague, apathetic, and lacking any focus.

By February 1991, J.R. had completed only four of approximately twenty-seven sections in her parenting skills course, and the testimony at the termination hearing established she would need another year of training simply to obtain minimal parenting and housekeeping skills. J.R. remained unable to provide a safe, healthy and hygienic environment or to prepare nutritious meals for the twins.

J.R.’s new apartment was extremely dirty. There were animal feces on the floor and ground into the carpet, and the apartment reeked with the odor of urine and feces. When the twins were fed by J.R., their diet consisted primarily of cookies, crackers, cake, macaroni and cheese, hot dogs, ravioli, Spaghetti-O’s, pop and Kool Aid. J.R. failed to properly supervise or discipline the twins, allowing them to run through the apartment and play in the unsafe windows. She appeared to have no control over them as they acted out inappropriately during supervised visits. Finally, she failed to properly attend to the twins’ health and hygiene needs. Despite the workers’ repeated instructions to J.R. concerning frequent diaper changes, bathing and use of ointment, J.R. returned Michelle from unsupervised visitation in January 1991 with a severe, untreated diaper rash.

The State filed a termination petition, and after a hearing, the juvenile court terminated the rights of both parents relying on Iowa Code section 232.116(l)(g) (1991). The father appeared at the hearing and acknowledged he could not care for the children. He did not offer any resistance to the State’s petition for termination, and he has not appealed.

J.R. has appealed. She challenges the sufficiency of the evidence to support termination of her parental rights, arguing the State failed to establish by. clear and convincing evidence the children could not be returned to her custody. She also contends the juvenile court failed to properly balance her interests with those of the children and the State. A proper balancing of these interests, she asserts, would dictate the twins be placed in her home. We disagree with both arguments on appeal and affirm.

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. Central to our analysis are the immediate and long-term best interests of the children. In re T.D.C., 336 N.W.2d 738, 740 (Iowa 1983).

We are not persuaded by J.R.’s first argument. The record before us leaves no doubt but that the State has met its burden of proof. The State proved by clear and convincing evidence the twins could not be returned to their mother’s custody at the time of the hearing. See Iowa Code § 232.-114(5)(c) (1991); In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981). The children have been diagnosed as failure to thrive, *102 meaning the environment J.R. provided the twins was the cause of their developmental problems. All persons who have worked with J.R. in an attempt to teach her minimum acceptable parenting skills testified there had been little or no change in the home environment or in the care, discipline or supervision J.R. had given to the children.

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Bluebook (online)
487 N.W.2d 99, 1992 Iowa App. LEXIS 67, 1992 WL 166164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mr-iowactapp-1992.