In the Interest of R.C.

523 N.W.2d 757, 1994 Iowa App. LEXIS 97, 1994 WL 630990
CourtCourt of Appeals of Iowa
DecidedAugust 25, 1994
Docket94-211
StatusPublished
Cited by9 cases

This text of 523 N.W.2d 757 (In the Interest of R.C.) 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 R.C., 523 N.W.2d 757, 1994 Iowa App. LEXIS 97, 1994 WL 630990 (iowactapp 1994).

Opinions

DONIELSON, Chief Judge.

Fred and Sheila are the natural parents of Ricky, born December 17, 1987, Gary, born December 3,1988, and twins Kevin and Lisa, born June 14, 1990. The family moved to Iowa in late 1990 after living in Missouri and Nebraska. Both Fred and Sheila had been investigated in Missouri and Nebraska for potential child abuse and neglect. These investigations centered on allegations of excessive discipline, unsafe and unsanitary conditions, homelessness, and lack of parenting skills. The twins were diagnosed as failing to thrive. In December 1990, a founded denial of critical care child abuse report was made against Fred and Sheila for failing to provide proper medical care, shelter, clothing, and supervision. The two oldest children, Ricky and Gary, were diagnosed with developmental delays and therapy was recommended.

In February 1991, Fred and Sheila completed a family preservation program. In March 1991, a child abuse referral was made because of missed doctor appointments for [759]*759the twins and failure to bring Ricky to fifty percent of his speech appointments. A child abuse investigator made an unannounced visit to the home and found severe health and safety concerns in the home. The investigator observed both twins had severe rashes on their lower extremities and their legs were swollen. The rooms in the home were littered with rotten food and dirty clothes. There also were knives within reach of the children. The investigator observed Sheila crying and yelling during the interview. The children were observed hitting each other and paying no attention to their mother’s attempts to discipline them. Another visit a month later found conditions were the same or had deteriorated. Following a doctor’s visit in April 1991, a founded denial of critical care report was filed.

Shortly after the report was filed, the State filed a children in need of assistance proceeding, based on Fred and Sheila’s failure to provide adequate medical care, clothing, and shelter for the children. A family preservation program was implemented. Although the social worker reported some progress had been made, she had doubts either Fred or Sheila could maintain this progress at the conclusion of services. The family began an intensive eight-week program, at which time Fred was diagnosed as having low intellectual functioning and was observed to be very strict and demanding with the children. Sheila was overwhelmed by the responsibilities of caring for the twins. Despite these efforts by the State, social workers still found the family was having a difficult time meeting the goals of sanitation.

In December 1991 the parents were evicted from their home and moved to a shelter, where hygiene again became a concern. In April 1992, a founded denial of critical care was made when a social worker found Gary locked in his room covered with feces. The twins were observed engaging in self-abusive behavior. Finally, on April 14, 1992, the children were removed from the parents’ home and placed in foster care. During the first six months of foster care, the parents were given three hour visits weekly with the children. The children’s behavioral problems improved. As the visits were increased to six hours, the social workers observed Sheila was becoming more detached from the children. Fred, while very strict and inflexible, was very loving towards the children.

On December 11, 1992, the parents were given their first unsupervised visit. Within the first two hours a child abuse referral was made when a social worker dropping off the twins discovered Kevin on the icy roof of the porch. Fred and Sheila did not know he was on the roof. The visits ultimately were cut back to three hours.

In April 1993, the social workers recommended parental rights be terminated. The permanency order entered April 1993 adopted the case permanency plan which recommended terminating parental rights. In July 1993, Sheila left Fred and had no further contact with the children for several weeks. Sheila later contacted a social worker and stated Fred had sexually and physically abused her and the children and wanted to start over.

Fred continued to visit the children frequently during the summer. However, the children’s behavioral problems began to accelerate. On August 24,1993, the State filed a petition for termination of parental rights. Sheila did not attend the hearing. Fred argued he would be able to care for the children himself, but thought Sheila might return to him if he obtained custody. On January 10,1994, the district court terminated both parents’ rights to all four children. Fred appeals. We affirm the juvenile court.

Appellate review of termination proceedings is de novo. In re W.G., 349 N.W.2d 487, 491 (Iowa 1984) cert. denied sub nom. J.G. v. Tauke, 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.

Fred advances two arguments. First, he asserts the juvenile court did not follow the statutory time period when it instituted termination proceedings before the six month review of the permanency order. See Iowa Code § 232.104(2)(b) (1993). Second, he argues the State prematurely ceased working [760]*760to reunite the family. See Iowa Code § 232.102(7). We address each argument in turn.

Fred contends the State never sought to invoke the jurisdiction of the juvenile court to modify the permanency order, and proceeding with a hearing on the termination petition was not an appropriate exercise of the court’s jurisdiction to modify the permanency order. He asserts the permanency order was made pursuant to Iowa Code section 232.104(2)(b), continuing the foster placement for six months. He argues the statutory six-month review period must be allowed to run before modifying the permanency order. We disagree.

First, we do not agree the permanency order was made pursuant to section 232.103(2)(b). The order did not continue the children’s placement. Their custody had been temporarily with the Department of Human Services (DHS). This order placed their permanent custody and guardianship with DHS. The case permanency plan adopted by the order clearly states the goal is termination of parental rights by June 1993. We conclude, as did the juvenile court in the termination proceeding, the permanency order was not made pursuant to section 232.104(2)(b).

Even if we assume section 232.104(2)(b) applies, the juvenile court did not err in proceeding to terminate parental rights within the six-month review period. Fred asserts this is a minimum period which must run before review or modification. We determine such an interpretation would lead to absurd results. It would deprive the court of jurisdiction to protect the best interests of the child, which is our primary concern. In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981); see Iowa R.App.P. 14(f)(15). To understand section 232.104, we resort to statutory construction. Metier v. Cooper Transp. Co., Inc.,

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Bluebook (online)
523 N.W.2d 757, 1994 Iowa App. LEXIS 97, 1994 WL 630990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-rc-iowactapp-1994.