In the Interests of M.W.

458 N.W.2d 847, 1990 Iowa Sup. LEXIS 184, 1990 WL 102371
CourtSupreme Court of Iowa
DecidedJuly 18, 1990
Docket89-242
StatusPublished
Cited by55 cases

This text of 458 N.W.2d 847 (In the Interests of M.W.) 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 Interests of M.W., 458 N.W.2d 847, 1990 Iowa Sup. LEXIS 184, 1990 WL 102371 (iowa 1990).

Opinion

CARTER, Justice.

C.O., the natural mother of M.W., T.W., and J.W., appeals from an order of the juvenile court terminating her parental rights as to all three of these minor children. The court of appeals reversed the juvenile court’s order, and we have granted further review.

This case involves three children: a boy born in March 1980, a girl born in April 1981, and a boy born in April 1982. All three children have the same mother; the two older children have the same father, while the youngest child has a different father. None of the children have had any substantial contact with the natural fathers for several years.

The mother and children have received services from the Department of Human Services (DHS) since 1981. The children have been in and out of foster placement since that time. In recent years, all three children have been continuously placed outside the mother’s home. The oldest child has been in foster care continuously since January 1984, the middle child since July 1986, and the youngest child since September 1986.

The concerns leading to foster care placement included .the following: (1) severe physical abuse of all three children by a stepfather; (2) severe sexual abuse of two of the children by the same stepfather; (3) the mother’s repeated unstable and short-term relationships with violent men; (4) the mother’s severe neglect of the children, which sometimes forced the children to wander the streets in search of food; (6) the mother’s inability to maintain a stable residence or stable job; and (6) the mother’s lack of insight into the children’s special needs, and her refusal to cooperate with social workers.

I. The Children.

In reviewing the numerous child abuse reports, caseworker reports, psychologist reports, medical reports, and other DHS documents in the record, it is clear that the children have significant emotional and behavioral problems which will require long- *848 term therapy and family counseling, irrespective of their eventual placement.

T.W. has received continual foster care services since 1984, and M.W. and J.W. since 1986. The children initially experienced a number of traumatic short-term placements which were necessitated due to the foster parents’ inability to cope with their behaviors such as extreme hyperactivity, destruction of toys and property, inappropriate sexual demonstrations, and an inability to respond to discipline or authority. The children had few social skills, they could not relate appropriately to peers or adults, and at one time it was felt all the children might require residential care before foster care could be successful.

The children were finally separated and placed in therapeutic foster homes where they began to stabilize their behavior, form attachments, and develop appropriately.

In addition to foster care services, each child has been receiving individual psychotherapy from several different doctors and psychologists. The principal therapist since 1986 for T.W. and M.W. has been Dr. Beischel. Dr. Beischel has seen J.W. since 1987. In September 1987, M.W. began to see Kerri Fitzpatrick, because it was felt she needed a female therapist.

According to the most recent DHS report issued December 1989, the children have indicated in their therapy sessions that C.O. was far more involved in their physical and sexual abuse than originally known by the DHS. The children have continued, particularly M.W. and T.W., to verbalize a fear of their mother and are afraid of visits or being returned to her. The children have had visits with each other, but they have not gone well. During one visit, the two boys killed a guinea pig and a squirrel. There has been more than one incident of fire setting, the children require strict supervision by a number of adults while together, and the DHS has observed sexual acting out behaviors when all three children are together.

II. The Mother.

The mother, C.O., became pregnant with T.W. at age sixteen. Her early years as a mother are characterized as chaotic and fraught with substance abuse problems, employment inconsistency, impoverished living conditions, and a propensity to engage in relationships with men who were physically abusive and alcohol dependent. Throughout her children’s early lives, she demonstrated a lack of judgment in caring and providing for them. As the court of appeals put it, “[s]he failed quite miserably as a parent.”

Since coming under the supervision of the DHS and the juvenile court, C.O. has been required to participate in parenting classes, in-home supervision, psychological counseling, and numerous other services. Although at times she displayed interest and commitment to participation in programs that will lead to the return of her children, her interest and efforts have been sporadic. There are many references in DHS records to missed appointments, missed visitations with the children, and failure to comply with case permanency plans. C.O. has exhibited a distrust and resentment toward state agencies and blames “the system” for her troubles with her children. These feelings were expressed in her interviews with two therapists who evaluated her prior to the most recent hearing in December 1989.

At a hearing in 1987, C.O. claimed to have completed an associate of arts degree. She also claimed to have stable employment and residency; however, statements made at her contemporaneous eviction hearing refute those assertions. The juvenile court in its recent order affirming the termination noted that C.O. has given varying accounts of the jobs she has held and can provide no corroborating evidence concerning her employment history. C.O. is currently not working.

C.O. admits to a history of alcohol abuse but claims that she has corrected the problem through the assistance of Alcoholics Anonymous and with the support of her husband. She has apparently maintained her sobriety for about two years. Since getting married, however, C.O.’s attendance at Alcoholics Anonymous meetings has been infrequent. She stated in the *849 December 1989 hearing that she had only-been to two meetings in the past year.

C.O. attributes J.W.’s emotional instability to his foster care treatment, the changing of placements from home to home, and the lack of consistent contact with the mother due to the overzealous nature of the DHS. At the time this case initially went up for appeal, C.O. recognized that T.W. may need ongoing therapy and care beyond her ability to provide, and acknowledged that T.W. and M.W. should be put up for open adoption. In her appeal brief, C.O. frames her entire argument with regard to J.W. but does add that it applies equally to the other two children. In the subsequent hearing held in December 1989, C.O. indicated that she no longer feels that T.W. and M.W. have problems that are too great for her to handle.

Prior to the hearing on remand, C.O. was examined by a licensed psychiatrist and psychologist. The psychologist, Dr. Theodore J. DeLaet, found no signs of psychotic behavior. He determined she had a troubled childhood, resists disclosing her emotional distress to others, and is a very emotional person. He found she does not show an active mental disorder, but does have personality disorders.

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Bluebook (online)
458 N.W.2d 847, 1990 Iowa Sup. LEXIS 184, 1990 WL 102371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interests-of-mw-iowa-1990.