In the Interest of S.C., Minor Child

919 N.W.2d 769
CourtCourt of Appeals of Iowa
DecidedJune 20, 2018
Docket18-0623
StatusPublished

This text of 919 N.W.2d 769 (In the Interest of S.C., Minor Child) 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 S.C., Minor Child, 919 N.W.2d 769 (iowactapp 2018).

Opinion

BOWER, Judge.

A mother appeals the juvenile court order terminating her parental rights. We find there is clear and convincing evidence in the record to support termination, termination is in the child's best interests, and no exceptions to termination apply. We affirm the decision of the juvenile court.

I. Background Facts & Proceedings

M.S., mother, and C.C., father, are the parents of a child, S.C., born in 2016. The State removed the child from the parents' care on March 31, 2017, due to the incarceration of the father and the mother's substance abuse. The Iowa Department of Human Services (DHS) immediately placed S.C. with the maternal grandmother, in whose home S.C. had been living.

In April the mother walked away from an in-patient substance-abuse treatment program, violating her probation for a prior criminal conviction.

The child was adjudicated to be in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(c)(2) and (n) (2016) in May. The court entered a dispositional order on June 28, confirming the CINA determination and ordering substance-abuse and mental-health evaluations of both parents. The parents continued to have visitation with the child within the discretion of the DHS, supervised by the grandmother.

The mother received additional criminal citations during the pendency of the present action, including criminal trespass at the grandmother's home and probation violations. Throughout the spring and summer, the mother was in and out of jail and treatment programs. Each time M.S. left treatment, she relapsed within a week.

On September 3, the court granted the parents a six-month permanency extension to prove their ability to care for the child. The court's order indicated the parents needed to remain sober, participate in treatment, and provide a stable and substance-free home for the child.

M.S. failed to attend recommended treatment, incurred trespass arrests for refusing to leave her mother's residence, and missed required drug tests, each of which were violations of her probation. On September 29, M.S. failed to appear for a scheduled drug test, even after the DHS case worker informed M.S. a missed test would count as positive and what the consequences would be. In October, M.S. failed to report to or respond to communication requests from her probation officer. She was jailed at the end of October, and remained in a women's facility at the time of the termination hearing.

On November 17, the State filed a petition seeking termination of the parents' rights.

On January 22, the mother underwent a substance-abuse evaluation. At that evaluation, she reported use of heroin in August and methamphetamine in October 2017.

The termination hearing was held on January 25, 2018. The court heard testimony from each parent and the assigned DHS worker. At the time of the hearing, M.S. had obtained a job offer, but was not certain she would accept it.

On March 26, the court terminated the mother's parental rights under Iowa Code section 232.116(1)(h) and ( l ) (2017). 1 The court found termination was in the child's best interests and no exceptions to termination, as set out in section 232.116(3), should be applied. The mother now appeals.

II. Standard of Review

The scope of review is de novo. In re D.W. , 791 N.W.2d 703 , 706 (Iowa 2010). Clear and convincing evidence is needed to establish the grounds for termination. In re J.E. , 723 N.W.2d 793 , 798 (Iowa 2006). Where there is clear and convincing evidence, there is no serious or substantial doubt about the correctness of the conclusion drawn from the evidence. In re D.D. , 653 N.W.2d 359 , 361 (Iowa 2002). The paramount concern in termination proceedings is the best interests of the child. In re A.M. , 843 N.W.2d 100 , 110 (Iowa 2014).

III. Grounds for Termination

Under chapter 232, we follow a three-step analysis for termination of parental rights. In re P.L. , 778 N.W.2d 33 , 39 (Iowa 2010). If we find a basis for termination exists under section 232.116(1), we then proceed to determine whether termination is in the best interests of the child under section 232.116(2). Finally, we must consider whether any of the statutory exceptions in section 232.116(3) allow the court to decline to terminate.

IV. Sufficiency of the Evidence

The mother claims there is insufficient evidence in the record to warrant termination of her parental rights. In particular, she claims she could soon assume custody of the child and she does not present a danger to herself or others. "When the juvenile court terminates parental rights on more than one statutory ground, we may affirm the juvenile court's order on any ground we find supported by the record." In re A.B. , 815 N.W.2d 764 , 774 (Iowa 2012). We will focus on section 232.116(1)( l ).

Section 232.116(1)( l ) allows for termination where the parent has a severe substance-abuse problem that poses a danger to the parent or others, and the child will not be able to return to the parent's care within a reasonable time. Less than one month after the court granted the permanency extension with its condition of sobriety, M.S. displayed behavioral indicators of continued drug use at a family meeting with DHS. "Where the parent has been unable to rise above the addiction and experience sustained sobriety in a noncustodial setting, and establish the essential support system to maintain sobriety, there is little hope of success in parenting." In re N.F. , 579 N.W.2d 338 , 341 (Iowa Ct. App. 1998). During the termination hearing, M.S.

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Related

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778 N.W.2d 33 (Supreme Court of Iowa, 2010)
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In the Interest of A.A.G.
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Bluebook (online)
919 N.W.2d 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-sc-minor-child-iowactapp-2018.