In the Interest of R.J.

495 N.W.2d 114, 1992 Iowa App. LEXIS 299, 1992 WL 407944
CourtCourt of Appeals of Iowa
DecidedNovember 30, 1992
Docket92-657
StatusPublished
Cited by14 cases

This text of 495 N.W.2d 114 (In the Interest of R.J.) 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.J., 495 N.W.2d 114, 1992 Iowa App. LEXIS 299, 1992 WL 407944 (iowactapp 1992).

Opinions

HAYDEN, Judge.

Patti1 and Robert were married on October 18, 1980. The marriage was dissolved on May 5, 1989. The decree awarded the physical care of the parties’ two boys to Patti. On April 20, 1990, the boys, Rick and Alan, were adjudged to be children in need of assistance as defined in Iowa Code section 232.2(6)(f). On April 23, 1991, the boys were adjudged in need of assistance pursuant to section 232.2(6)(b) and (c).

On November 4, 1991, the State filed an application to terminate the parental rights of Patti and Robert. At the time of trial [115]*115Rick was nine years old and Alan was seven years old. The State presented evidence of founded and unfounded reports of both physical and/or sexual abuse perpetrated on both boys by their parents and by three of Patti’s boyfriends.

Although Patti advocated she had changed her life, the juvenile court was not convinced she could adequately care for or protect the boys from further abuse. The court noted several characteristics of Patti’s lifestyle. Patti has shown a propensity to live with violent and abusive men. She has gone from one abusive relationship into another and continued to expose Rick and Alan to abuse. The court found at least five founded reports of abuse existed. Patti has failed to protect her sons from an abusive environment. She has declined many of the numerous offers of assistance provided by various social workers and public welfare agencies. The juvenile court terminated Patti’s parental rights pursuant to Iowa Code section 232.116(l)(c) (1991). The court declined Patti’s suggestion to place the children with her sister who resides in Colorado. The court also concluded Robert had abandoned his children and thus terminated his parental rights pursuant to Iowa Code section 232.-116(l)(b) (1991).

Patti appeals. She contends the juvenile court erred in (1) terminating her parental rights pursuant to Iowa Code section 232.-116(l)(c)(2) because DHS had failed to provide adequate services, (2) failing to grant her request for a home study and in transferring custody of the boys to DHS rather than to a relative, and (3) failing to transfer custody to Robert and keeping the boys in foster care.

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.

The primary concern m termination proceedings is the best interest of the child. Iowa R.App.P. 14(f)(15); In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981).

We look to the child’s long-range, as well as immediate, interests. We consider what the future holds for the child if returned to his or her parents. Insight for this determination can be gained from evidence of the parent’s past performance, for that performance may be indicative of the quality of the future care the parent is capable of providing. Our statutory termination provisions are preventative as well as remedial. They are designed to prevent probable harm to a child.

In re R.M., 431 N.W.2d 196, 199 (Iowa App.1988) (citing Dameron, 306 N.W.2d at 745)).

I. Termination of parental rights. Iowa Code section 232.116(l)(c) authorizes a court to terminate parental rights if the court determines both of the following occurred:

(1) The court has previously adjudicated the child to be a child in need of assistance after finding the child to have been physically or sexually abused or neglected as the result of the acts or omissions of one or both parents, or the court has previously adjudicated a child who is a member of the same family to be a child in need of assistance after such a finding.
(2) Subsequent to the child in need of assistance adjudication, the parents were offered or received services to correct the circumstance which led to the adjudication, and the circumstance continues to exist despite the offer or receipt of services.

Iowa Code § 232.116(l)(c) (1991).

It is undisputed Rick and Alan were adjudicated children in need of assistance. In addition, we find clear and convincing evidence shows the second subsection is satisfied.

Patti has been involved with DHS since July of 1986. Her involvement with DHS has been related to her inability to provide adequate protection and care for Rick and [116]*116Alan. Over the past six years Patti has been offered numerous services and support programs. In addition to homemaking and parenting classes, counseling and therapy programs were offered to address the abuse problems. There are founded reports of both physical and/or sexual abuse of both boys by their mother and her three boyfriends. At trial Patti admitted the abuse had occurred in all three relationships and she was aware of it. When questioned further about her involvement in the sexual abuse, Patti quit attending the counseling sessions. Appointments for sexual abuse counseling were made for the boys, but Patti failed to keep the appointments. It seems Patti has not confronted the sexual and/or physical abuse problems and has not taken any responsibility for the children’s exposure to sexually and physically abusive environments. She testified she had been a “victim of circumstance.” “The requirement that the parents acknowledge and recognize the abuse before any meaningful change can occur is essential in meeting the child’s needs.” In re H.R.K., 433 N.W.2d 46, 50 (Iowa App.1988).

Patti argues her parental rights should not be terminated because she is changing her lifestyle. However, the juvenile court found “[Patti] was offered assistance and counseling on numerous occasions. She accepted some and refused some. None of the assistance made a difference in her behavior or corrected the dangerous and abusive environment that these boys were in.” In its termination order the juvenile court stated “[this] Court has heard no credible testimony, nor has it seen aiiy evidence that [Patti] has or will change her lifestyle.” We agree with the juvenile court’s conclusion. During Patti’s alleged rehabilitation period following the filing of the termination petition, evidence supports the court’s conclusion because Patti has not participated in any women’s support groups, counseling or therapy dealing with abusive relationships, or counseling dealing with the abuse of her sons. The amount of patience for Patti’s actions must be reasonably limited because “patience with parents can soon translate into intolerable hardship for their children.” In re A. C., 415 N.W.2d 609, 613 (Iowa 1987), cert. denied sub nom. A.C. v. State, 485 U.S. 1008, 108 S.Ct.

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In the Interest of R.J.
495 N.W.2d 114 (Court of Appeals of Iowa, 1992)

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Bluebook (online)
495 N.W.2d 114, 1992 Iowa App. LEXIS 299, 1992 WL 407944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-rj-iowactapp-1992.