In the Interest of T.M.P.

528 N.W.2d 671, 1995 Iowa App. LEXIS 7, 1995 WL 134879
CourtCourt of Appeals of Iowa
DecidedJanuary 23, 1995
DocketNo. 94-1137
StatusPublished

This text of 528 N.W.2d 671 (In the Interest of T.M.P.) 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 T.M.P., 528 N.W.2d 671, 1995 Iowa App. LEXIS 7, 1995 WL 134879 (iowactapp 1995).

Opinion

HAYDEN, Presiding Judge.

M.Z., the mother, and P.Z., the father, are the parents of T.M.P., Tiffany, born May 18, 1990; J.L.Z., Jody, born April 3, 1991; and D.L.Z., Danielle, born July 31, 1993. Tiffany’s natural father’s whereabouts are unknown.

Tiffany and Jody were removed from the parents’ home and placed in foster care in November 1991. Jody had been in the hospital for failure to thrive, her weight being below the fifth percentile, and on her return home the parents were uncooperative and hostile with services and medical follow-up. Underfed dogs were kept in the basement of the home, and the basement was covered in the dogs’ feces and urine. Six cats lived in the home, and feces were on the floor where the children crawled. Appliances in the home had exposed wires within the children’s reach, and the house was cockroach-infested. Spoiled food and maggots were also found in [673]*673the home, .and the children were extremely filthy.

On November 26, 1991, Tiffany and Jody were adjudicated children in need of assistance (CINA) based on the parents’ stipulation to the allegations. The children were continued in foster care.

A review hearing regarding Tiffany and Jody was held in October 1993. By this time Danielle had been born and was in the parents’ custody. The district court stated the parents had so far failed to maintain a clean and safe residence and continued to move from home to home including living with various relatives. The parents had numerous encounters with the police, particularly the father who was in trouble for behavior such as fifth-degree theft and traffic violations. The parents were not in compliance with services as required by the case plan. However, the mother was less resistant than the father.

In November 1993 Danielle was removed from the parents’ home and placed in foster care. This action was based on police reports that the father was acting in a threatening manner to others, damaging property, and the family was being evicted from their home. A CINA petition regarding Danielle was filed. In December 1993 the parties reached a stipulation approved by the court. It provided Danielle would return home under certain conditions. One of the conditions mandated was for M.Z. to prohibit P.Z. from living in the house. In the same month the mother was arrested on a forgery charge, and Danielle was again removed and placed in foster care.

In January 1994 the State filed a petition seeking termination of the parents’ rights to all three children. The petition stated Danielle met the definition of a child in need of assistance but had not been adjudicated as such.

Following a hearing, the district court terminated the mother’s rights to her children pursuant to Iowa Code sections 232.116(l)(c), (e), (f), (g), and (h) (1993); and the father’s rights to his children pursuant to sections 232.116(l)(c), (g), and (h). The court concluded the children would remain CINA if returned to the parental home. In particular, the court found there was homelessness, a volatile relationship between the parents, and they had numerous law enforcement encounters. The court also noted they lacked insight into their problems, lacked parenting and budgeting skills, and were dishonest with the court and service providers. The court further determined they were uncooperative and resistant towards services and blamed others for their situation.

Both parents appeal. First, they contend there was a lack of clear and convincing evidence the children could not be returned to their custody. Second, they argue termination of their parental rights was not in the children’s best interests.

I. Scope of Review.

Appellate review of termination proceedings is de no.vo. In re W.G., 349 N.W.2d 487, 491 (Iowa 1984), cert. denied, 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.

II. Clear and Convincing Evidence.

The parents allege the State did not meet its burden of proof by clear and convincing evidence termination was appropriate under the Iowa Code. We disagree.

In this case the mother’s parental rights to all three children were terminated pursuant to Iowa Code sections 232.116(l)(c), (e), (f), (g), and (h) (1993). The father’s rights to his two youngest children were terminated pursuant to Iowa Code section 232.116(l)(c), (g), and (h) (1993). Those sections state termination of parental rights is appropriate if:

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, or the court has previously adjudicated a child who is a member of the [674]*674same 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.
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e. The court finds that all of the following have occurred:
(1) The child is four years of age or older.
(2) The child has been adjudicated a child in need of assistance pursuant to section 232.96.
(3) The child has been removed from the physical custody of the child’s parents for at least twelve of the last eighteen months, or for the last twelve consecutive months and any trial period at home has been less than thirty days.
(4) There is clear and convincing evidence that at the present time the child cannot be returned to the custody of the child’s parents as provided in section 232.102.
f. 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 court has terminated parental rights pursuant to section 232.117 with respect to another child who is a member of the same family.
(3) There is clear and convincing evidence that the parent continues to lack the ability or willingness to respond to services which would correct the situation.
(4) There is clear and convincing evidence that an additional period of rehabilitation would not correct the situation.
g. The court finds that all of the following have occurred:
(1) The child is three years of age or younger.
(2) The child has been adjudicated a child in need of assistance pursuant to section 232.96.

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Related

In the Interests of W.G.
349 N.W.2d 487 (Supreme Court of Iowa, 1984)
In the Interest of T.D.C.
336 N.W.2d 738 (Supreme Court of Iowa, 1983)
In the Interests of M.W.
458 N.W.2d 847 (Supreme Court of Iowa, 1990)

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Bluebook (online)
528 N.W.2d 671, 1995 Iowa App. LEXIS 7, 1995 WL 134879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-tmp-iowactapp-1995.