In the Interest of Wardle

207 N.W.2d 554, 1973 Iowa Sup. LEXIS 1051
CourtSupreme Court of Iowa
DecidedMay 23, 1973
Docket55844
StatusPublished
Cited by29 cases

This text of 207 N.W.2d 554 (In the Interest of Wardle) is published on Counsel Stack Legal Research, covering Supreme Court 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 Wardle, 207 N.W.2d 554, 1973 Iowa Sup. LEXIS 1051 (iowa 1973).

Opinions

MASON, Justice.

Janice Wardle, mother of Roxanne and Shawn Wardle, appeals from the decrees terminating in separately instituted actions the parent and child relationship between her and these children.

Although she has never married, Miss Wardle, 26, is the natural mother of three children. Roxanne was born November 29, 1967 and lived with her mother until the present action was instituted at which time she was placed in the foster home of Mr. and Mrs. O’Brien. Shawn, who was born December 29, 1969, had been placed in the O’Brien home at the age of eight 'months preceding an adjudication of neglect grounded on a finding he was undernourished. Both children presently live with the O’Briens. Miss Wardle’s third child, Julie, has been adopted.

April 7, 1972, the Dubuque county attorney filed a petition seeking severance of the relationship between Roxanne and Janice Wardle, wherein he alleged Miss War-dle had “substantially and continuously or repeatedly refused to give the child necessary parental care and protection.” The same day a separate action concerning Shawn was initiated on the same basis and for the further reason that following an adjudication of neglect separating the infant from his mother August 2, 1971, “reasonable efforts under the direction of the court have failed to correct the conditions leading to the termination.”

These actions to terminate the parent-child relationship were instituted pursuant to section 232.41, The Code, which provides in part as follows :

“When relationship changed. The court may upon petition terminate the relationship between parent and child:
“1. * * *
“2. If the court finds that one or more of the following conditions exist:
“a. * * *
“b. That the parents have substantially and continuously or repeatedly refused to give the child necessary parental care and protection.
“c_ * * *
“d, * * *
“e. That following an adjudication of neglect or dependency, reasonable efforts under the direction of the court have failed to correct the conditions leading to the termination.”

The cases were jointly heard by the Du-buque district court sitting as the juvenile court of Dubuque county April 21 and the court’s decree was filed that day terminating the parental relationship between Miss Wardle and both children. After a motion for new trial was sustained separate counsel was appointed to represent the children before both cases were again tried to the court. The proceedings concluded on July 14, separate findings of fact and conclusions of law and judgments were filed July 17 and the parent-child relationship existing between the parties was terminated.

I. This court has repeatedly stated that in matters of this kind the primary consideration is the welfare and best interests of the child. While there is a presumption that the best interests of the child will be served by leaving it with its parents, this is not conclusive. The State, as parens patriae, has the duty to see that every child within its borders receives proper care and treatment. Re Interest of Morrison Children v. State, 259 Iowa 301, 311, 144 N.W.2d 97, 103; In re Interest of Yardley, 260 Iowa 259, 268, 149 N.W.2d [557]*557162, 167-168; In Re McDonald, 201 N.W. 2d 447, 453 (Iowa 1972).

In McDonald this court said: “In equity matters, such as this, where our review is de novo it is our responsibility to review the facts as well as the law and adjudicate rights anew on those propositions properly presented, provided issue has been raised and error, if any, preserved in the course of the trial court’s proceedings.” Id.

The court noted in its findings of fact relating to Roxanne that:

« * ⅜ *
“3. The child’s mother is mentally handicapped and unable to assume the responsibility of providing the child with the psychological supports, care and guidance that a child of tender age requires.
“4. Repeated and constant and intensive efforts by the Dubuque County Department of Social Services to assist and support the mother in the carrying out of her parental duties have been unsuccessful and there appears now to be little likelihood of such result ever being achieved.”

The court concluded the parental relationship between the mother and the child should be severed.

In regard to Shawn the court found that since he was adjudged neglected and placed in a foster home, “repeated and constant case work with the mother of the child has not been successful in correcting the condition that created the neglect of the child, and it now appears unlikely that any such correction can be achieved in view of the fact that the mother’s lack of controls and inability to provide the spiritual support essential to child rearing, both grew out of the retardation with which the mother is afflicted and for which there is little likelihood of correction.”

The court concluded “eventual severance will be the only probable solution,” and therefore terminated the parental relationship.

In seeking reversal Miss Wardle relies upon one proposition — error in the court’s finding she was incapable of caring for the needs of her children so as to require severance of her parental rights. In support she argues in two brief points the law presumes the best interests of a child will be served by leaving it with its parents and the child’s welfare is the primary concern of the court in such matters.

Of course, in view of the statements of law set forth earlier in this division we have no disagreement with the contentions urged in these brief points. Our problem under the extent of review applicable in this matter is to determine anew whether the parental relationship between Miss Wardle and her two children should be terminated. We therefore turn to the record.

II. Connie Sarchet, a social worker with the Dubuque County Department of Social Services, testified she observed the behavior, environment and home life of Miss Wardle and her children over a period of about four years, affording Miss Wardle advice on matters affecting her welfare, as well as the children’s. During this period she had contact with Miss War-dle by phone or in person at least weekly.

Although she disapproved of frequent moves from one apartment to another because it added to the instability and put Miss Wardle further behind financially, Miss Sarchet stated Miss Wardle’s home was very adequate, clean and there was no problem with the physical setting. The children and their clothes were always clean. However, while never in the home at mealtime, she believed the children’s diet was deficient, citing two instances when she witnessed Roxanne eating cold TV dinners or fish sticks. She also considered the discipline administered to the children by their mother to be inadequate and inconsistent.

[558]*558Essentially, termination of the instant parental relationship was warranted, in the opinion of Miss Sarchet, in view of Miss Wardle’s inability to satisfy the emotional needs of Roxanne and Shawn due to “her lack of intellectual capacity.”

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Bluebook (online)
207 N.W.2d 554, 1973 Iowa Sup. LEXIS 1051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-wardle-iowa-1973.