In the Interest of S.E., K.E., and M.E., Minor Children

919 N.W.2d 768
CourtCourt of Appeals of Iowa
DecidedJune 6, 2018
Docket18-0478
StatusPublished

This text of 919 N.W.2d 768 (In the Interest of S.E., K.E., and M.E., Minor Children) 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.E., K.E., and M.E., Minor Children, 919 N.W.2d 768 (iowactapp 2018).

Opinion

MCDONALD, Judge.

The juvenile court terminated Vernon and Tanna's respective rights in their children M.E. (born 2008), K.E. (born 2010), and S.E. (born 2013) pursuant to Iowa Code section 232.116(1)(b), (e), and (i) (2017). In this appeal, both parents challenge the sufficiency of the evidence supporting the statutory grounds authorizing the termination of their respective parental rights. In addition, Tanna contends termination of her parental rights was not in the children's best interest.

This court reviews termination proceedings de novo. See In re A.M. , 843 N.W.2d 100 , 110 (Iowa 2014). The statutory framework authorizing the termination of a parent-child relationship is well established and need not be repeated herein. See In re A.S. , 906 N.W.2d 467 , 472-73 (Iowa 2018) (setting forth the statutory framework). Where, as here, "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 choose to address the sufficiency of the evidence under section 232.116(1)(i). This statute authorizes the termination of parental rights upon clear and convincing evidence of the following:

(1) The child meets the definition of child in need of assistance based on a finding of physical or sexual abuse or neglect as a result of the acts or omissions of one or both parents.
(2) There is clear and convincing evidence that the abuse or neglect posed a significant risk to the life of the child or constituted imminent danger to the child.
(3) There is clear and convincing evidence that the offer or receipt of services would not correct the conditions which led to the abuse or neglect of the child within a reasonable period of time.

Iowa Code § 232.116 (1)(i). The parents do not challenge the sufficiency of the evidence supporting the first and second elements, but they do nominally assert challenges to the sufficiency of the evidence supporting the third element.

As an initial matter, we note both Vernon and Tanna have waived any challenge to the sufficiency of the evidence. The entirety of the father's argument is as follows: "[T]here is not clear and convincing evidence that the receipt of services would not correct the conditions that led to abuse or neglect." Similarly, the entirety of the mother's argument is as follows: "Findings of fact or conclusions of law with which you disagree: That there is clear and convincing evidence that the receipt of services would not correct the conditions that led to the abuse or neglect." Neither parent provides any argument in support of the claim. Neither parent cites any authority in support of the claim. The naked assertion of error unclothed by argument or authority is insufficient to generate an issue for appellate review. See Iowa R. App. P. 6.903(2)(g)(3) (requiring appellant to present arguments and supportive authority in appeal brief and stating "[f]ailure to cite authority in support of an issue may be deemed waiver of that issue"); State v. Seering , 701 N.W.2d 655 , 661 (Iowa 2005) ("In the absence of an argument on these allegations [on appeal], we deem them waived."); Hyler v. Garner , 548 N.W.2d 864 , 870 (Iowa 1996) (confining consideration to issues raised on appeal); Richardson v. Neppl , 182 N.W.2d 384 , 390 (Iowa 1970) ("A proposition neither assigned nor argued presents no question and need not be considered by us on review.").

Even if the issue had not been waived, there is clear and convincing evidence additional services would not correct the conditions that led to the abuse or neglect of the children within a reasonable period of time. The Iowa Department of Human Services (IDHS) has been involved with this family for ten years. The agency has conducted twenty-nine child-abuse investigations regarding this family. The investigations included allegations of drug use, domestic violence, physical abuse of the children, homelessness, nomadicity, sexual abuse of the children, and mental-health concerns. Several of the founded reports involve physical abuse against the children by Vernon and Tanna as well as by Tanna's now fiancé Jeremy, a registered sex offender. Over the years, as the juvenile court found, the "family has been provided with every conceivable service available through" IDHS, including, but not limited to, substance-abuse and mental-health evaluations and treatment; domestic-violence counseling and anger-management classes; Family Safety, Risk, and Permanency services; parenting education; supervised visitation; and home studies. The services have not corrected any conditions giving rise to the abuse of the children.

The inefficacy of the services provided over the years is manifest in this most recent case. The most recent removal of the children occurred after Tanna decided to reside with two registered sex offenders, one of which was Jeremy. The children were living in filth, had access to prescription medications, and then three-year-old S.E. had obtained a knife and tried to sharpen it. In this most recent case, Vernon and Tanna have been non-cooperative with services. Both have moved repeatedly throughout the life of the case, including inexplicable out-of-state moves to Colorado, Wyoming, and Nebraska. Neither parent completed a substance-abuse or mental-health evaluation until November 2017, a little over one month prior to the termination hearing. Tanna's evaluation pointed out she "blame[s] others for her circumstances," "minimizes events" and has low motivation for engagement in therapeutic services. At the time of the termination hearing, Tanna had outstanding warrants for her arrest and was to be taken into custody following the termination hearing. Vernon testified that he completed evaluations but never submitted any documentation to IDHS or the court. Neither parent demonstrated any urgency in accessing services to work toward reunification with the children.

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Related

State v. Seering
701 N.W.2d 655 (Supreme Court of Iowa, 2005)
Hyler v. Garner
548 N.W.2d 864 (Supreme Court of Iowa, 1996)
Richardson v. Neppl
182 N.W.2d 384 (Supreme Court of Iowa, 1970)
In the Interest of A.M., Minor Child, A.M., Father
843 N.W.2d 100 (Supreme Court of Iowa, 2014)
In the Interest of A.B. & S.B., Minor Children, S.B., Father
815 N.W.2d 764 (Supreme Court of Iowa, 2012)
In The Interest Of D.W., Minor Child, A.M.W., Mother
791 N.W.2d 703 (Supreme Court of Iowa, 2010)
In the Interest of K.M.
653 N.W.2d 602 (Supreme Court of Iowa, 2002)

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Bluebook (online)
919 N.W.2d 768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-se-ke-and-me-minor-children-iowactapp-2018.