In the Interest of S.J.K.

560 N.W.2d 39, 1996 Iowa App. LEXIS 145, 1996 WL 806698
CourtCourt of Appeals of Iowa
DecidedDecember 20, 1996
DocketNo. 96-0989
StatusPublished

This text of 560 N.W.2d 39 (In the Interest of S.J.K.) 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.J.K., 560 N.W.2d 39, 1996 Iowa App. LEXIS 145, 1996 WL 806698 (iowactapp 1996).

Opinion

SCHLEGEL, Senior Judge.

This is an appeal of a termination of the parental rights of Greg and Rachel, and an appeal by the maternal grandmother, Deborah, concerning custody of the minor child, Samantha K. The natural mother of Samantha does not appeal the termination of her parental rights.

Greg admits to being the father of Samantha, although he is not listed on the birth certificate and has not signed an affidavit of paternity. No parental (blood or genetic) testing was carried out to prove or disprove the paternity of Greg. None of the parties contested his claim of paternity. Rachel agreed that Greg was the father and the court so found.

Rachel was fifteen years of age when Samantha was born on April 10, 1993. Greg was eighteen years of age.

Rachel did not appear at the hearing on the petition to terminate the parental relationship between herself and Greg and Samantha. Since she has not appealed the termination, this opinion will not be extended [40]*40to detail the factors leading to the termination of her parental rights. The last communication of Rachel that was made known to the court was a letter in which she expressed no desire to have any further relationship with Samantha. From that statement and from the inappropriate relationship with Samantha during the prior three and one-half years, it is clear the best interests of Samantha require that Rachel’s parental relationship with Samantha be terminated.

In his appeal, Greg contends the juvenile court erred in terminating his parental rights because the record does not prove by clear and convincing evidence that he received services to correct the circumstances that led to the adjudication or that these circumstances continue to exist despite the offer or receipt of services. He also claims there was not clear and convincing evidence that he failed to maintain significant and meaningful contact with the child during the previous six months, and that there is not clear and convincing evidence that the child cannot be returned to his custody. The court found that his history and relationship with Samantha “has, if anything, been less impressive than that of Rachel’s.” The court pointed out Greg’s sporadic employment record, having had twenty jobs and an undetermined number of residences in the past two years. Greg admitted to having had about forty girlfriends since age sixteen. He also has a criminal history of domestic abuse, including convictions for abuse of Rachel in that offense. He testified he had completed a remedial course concerning domestic abuse. The court found that such a course had been repeatedly recommended by the juvenile court system and he had refused to be involved in it until it became a condition of his probation on a conviction of domestic abuse. His driving privileges have been revoked because of driving violations.

At the time of trial, Greg lived with a woman who had two children and with whom, he testified, he had a platonic relationship, although they share a one-bedroom apartment. He has no home in which to care for Samantha, were he to be given custody of her, and he has no experience with Samantha, excepting for short and somewhat sporadic visits with her. The juvenile court has never allowed him overnight visits with Samantha.

Deborah, the maternal grandmother of Samantha, was permitted to intervene in this case, and she has appealed the trial court’s decision insofar as it involves a denial of consideration of her as an adoptive parent or for pre-adoptive placement with her. She contends the trial court erred in not considering the best interests of the child, Samantha, regarding her placement for adoption. She complains of the court’s finding that Deborah’s intent to allow Samantha to continue knowing her biological parents constituted disobedience to a court order, or that it would cause harm to Samantha. She claims the court erred in directing the DHS to place Samantha for adoption in a home other than her home.

I. With respect to the appeal of the father, Greg, his first contention is that he did not receive services to correct the circumstances which led to the adjudication (of CINA) or that these circumstances continue to exist despite the offer or receipt of services.

The juvenile court terminated Greg’s parental rights pursuant to Iowa Code sections 232.116(l)(c) and (h) (1995). Sections 232.116(l)(c) and (h) provide:

1. [T]he court may order the termination of both the parental rights with respect to a child and the relationship between the parent and the child [when]:
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c. The court finds that both of the following have 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....
(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.
[41]*41[[Image here]]
h. The court finds that both of the following have occurred:
(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 circumstances surrounding the abuse or neglect of the child, despite the receipt of services, constitutes imminent danger to the child.
The juvenile court also found:
[T]he court specifically finds that neither Greg [] nor Rachel [] have maintained significant and meaningful contact with Samantha as defined in the Iowa Code and that a satisfactory showing for termination of their parental rights has been shown under Section 232.116(l)(d) thereof.

That section provides, in part:

d. The court finds that all of the following have occurred:
(1) The child has been adjudicated a child in need of assistance pursuant to section 232.96.
(2) The child has been removed from the physical custody of the child’s parents for a period of at least six consecutive months.
(3) There is clear and convincing evidence that the parents have not maintained significant and meaningful contact with the child during the previous six consecutive months and have made no reasonable efforts to resume care of the child despite being given the opportunity to do so. For the purposes of this subpara-graph, “significant and meaningful contact” includes but is not limited to the affirmative assumption by the parents of the duties encompassed by the role of being a parent. This affirmative duty, in addition to financial obligations, requires continued interest in the child, a genuine effort to complete the responsibilities prescribed in the case permanency plan, a genuine effort to maintain communication with the child, and requires that the parents establish and maintain a place of importance in the child’s life.

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Related

In the Interest of B.G.C.
496 N.W.2d 239 (Supreme Court of Iowa, 1993)
In the Interest of T.D.C.
336 N.W.2d 738 (Supreme Court of Iowa, 1983)
In the Interests of A.C.
415 N.W.2d 609 (Supreme Court of Iowa, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
560 N.W.2d 39, 1996 Iowa App. LEXIS 145, 1996 WL 806698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-sjk-iowactapp-1996.