In the Interest of N.M.

491 N.W.2d 153, 1992 Iowa Sup. LEXIS 354, 1992 WL 238141
CourtSupreme Court of Iowa
DecidedSeptember 23, 1992
Docket91-1371
StatusPublished
Cited by46 cases

This text of 491 N.W.2d 153 (In the Interest of N.M.) 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 N.M., 491 N.W.2d 153, 1992 Iowa Sup. LEXIS 354, 1992 WL 238141 (iowa 1992).

Opinion

SCHULTZ, Justice.

The principal issue on this appeal is whether the parental rights of one parent can be terminated pursuant to Iowa Code section 232.116(l)(d) 1 when the child is in the custody of the other parent. Following trial, the juvenile referee refused to terminate the mother’s parental rights to three of her children because they had been placed in the custody of their father. The court of appeals affirmed. As we disagree, we vacate the decision of the court of appeals and reverse the ruling of the juvenile court.

During their marriage, B.M., the mother, and D.M., the father, parented three children, N.M., J.M., and R.M. These children were all juveniles during these proceedings, as was an older half-brother, S.A., who has the same mother but a different biological father, J.A. The four children have lived together throughout their lives.

When the family lived together, it was plagued with numerous problems. Both parents were substance abusers. The father physically abused the mother. Both parents neglected the children’s nutritional and other physical needs. The parents left the children unattended for long periods of time and failed to provide adequate supervision.

In January 1989, the four children were adjudicated children in need of assistance pursuant to Iowa Code section 232.-2(6)(c)(2), and custody was placed with the Department of Human Services (department). The children were placed in the home of their paternal grandparents where their father also resided. This placement continued following a disposition hearing and a review hearing.

In April 1991, the State filed the present action asking that the mother’s parental rights be terminated to all four children and that J.A.’s rights to S.A. be terminated. In May 1991, prior to the hearing on the termination petition, the State made an application to modify the dispositional order to grant placement with D.M., now living separately from the paternal grandparents. The juvenile court granted the application for modification and placed custody of all four children with D.M. under the protective supervision of the department. 2

Following the hearing on the termination of the mother’s parental rights, the juvenile court terminated the mother’s and J.A.’s parental rights to S.A. The court found clear and convincing evidence that the grounds of Iowa Code sections 232.- *155 116(l)(d) 3 and (e) 4 had been established with regard to both parents of this child. The court observed that S.A. considers D.M. to be his father and that he is extremely close to his half-brothers and sister. The court concluded the termination would allow D.M. to adopt and legally place S.A. in his household and prevent the mother from regaining custody of S.A. Neither J.A. nor the mother appeal from the termination of their parental rights to S.A.

As to N.M., J.M., and R.M., the biological children of the mother and father, D.M., the court concluded that it was without authority to terminate B.M.’s parental rights because the children were now in the father’s custody, pursuant to the modified disposition order. The juvenile court interpreted the statutory language of section 232.116(l)(d) 5 “custody of the child has been transferred from the child’s parents or placement pursuant to section 232.-102...” to require proof that custody had been transferred from both parents at the time of the hearing. The court reasoned that “parents” as used in the statute was plural.

We believe that this interpretation conflicts with a statutory rule of construction. Iowa Code section 4.1(3) provides the “singular includes the plural, and the plural includes the singular....” This rule is subject to the requirement that it be consistent with the manifest intent of the legislature and not be repugnant to the context of the statute subsection 4.1. Grove v. City of Des Moines, 280 N.W.2d 378, 384 (Iowa 197-9).

The legislature made its intent clear by providing that chapter 232 “shall be liberally construed to the end that each child under the jurisdiction of the court shall receive, preferably in the child’s own home, the care, guidance, and control that will best serve the child’s welfare and the best interest of the State.” Iowa Code § 232.1. The welfare and best interests of the children are paramount. In re J.R.H., 358 N.W.2d 311, 317 (Iowa 1984). We shall construe the statute guided by this principle.

It is not in the children’s best interests to interpret the language of the subsections to prevent termination of the noncustodial parent’s rights when the children are placed in the separate home of the other parent. We conceive of situations when a child in the custody of one parent would benefit from the termination of the other parent’s rights. The healing process of a child suffering from abuse by a noncustodial parent may. in some cases be aided by the finality of the termination. That is not to say that we believe the required proof of the statutory grounds for relief should always result in a termination of the noncustodial parent’s rights. “Termination is an outcome of last resort.” In re S.J., 451 N.W.2d 827, 832 (Iowa 1990).

The mother asserts that the State should not be allowed to intrude in a situation where the children are safe and well-cared for but the noncustodial parent’s lifestyle is simply not compatible with raising chil *156 dren. The mother compares this situation with a divorce case where one parent gains legal custody of the children, but the other parent’s rights are not terminated. She urges a construction of the statute which allows permanent custody to be given one parent with restrictions on the other parent. We cannot agree with this suggestion. These arguments ignore the State’s required intrusion in the life of children adjudicated in need of assistance.

We afford a rebuttable presumption that the best interest of a child is served when custody is with the natural parents. In re Chad, 318 N.W.2d 213, 218 (Iowa 1982). In so doing, we recognize the fundamental liberty interest of the natural parents in the care and management of their children does not evaporate simply because they have not been model parents or have lost temporary custody of their children. Id. (citing Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 1394-95, 71 L.Ed.2d 599, 606 (1982). These principles are better utilized through the adjudicatory process of determining whether or not to terminate, rather than construing the statute in a manner that would prevent a termination in egregious situations.

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Bluebook (online)
491 N.W.2d 153, 1992 Iowa Sup. LEXIS 354, 1992 WL 238141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-nm-iowa-1992.