In the Interest of C.W., Minor Child, C.K., Father, D.W., Mother

IN THE COURT OF APPEALS OF IOWA
No. 15-0792
Filed September 10, 2015
IN THE INTEREST OF C.W.,
Minor Child,
C.K., Father,
Appellant,
D.W., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Lee (North) County, Emily S. Dean,
District Associate Judge.
A father and mother appeal separately from the order terminating their
parental rights. AFFIRMED ON BOTH APPEALS.
Kimberly A. Auge of Napier, Wolf, Popejoy & Auge, LLP, Fort Madision,
for appellant father.
Bryan J. Humphrey of Humphrey Law Office, Fort Madison, for appellant
mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant
Attorney General, Michael Short, County Attorney, and Clinton Boddicker,
Assistant County Attorney, for appellee State.
Kendra Abfalter, Burlington, for minor children.
Considered by Danilson, C.J., and Vogel and Tabor, JJ.
2
DANILSON, C.J.
A mother and father appeal separately from the juvenile court order
terminating their parental rights to their child, C.W. The mother maintains the
Iowa Department of Human Services (DHS) failed to make reasonable efforts to
reunify C.W. with the mother. The father maintains DHS failed to make
reasonable efforts by refusing to conduct a home study of the father’s new wife.
Both parents maintain termination of their parental rights is not in C.W.’s best
interests because of the closeness of his bond with each of his parents. Neither
parent disputes that the statutory grounds for termination have been met.
Because we find DHS did not fail to make reasonable efforts to reunify
C.W. with each of his parents, termination is in C.W.’s best interests, and no
permissive factor precludes termination, we affirm the juvenile court’s order
terminating both the mother’s and the father’s parental rights.
I. Background Facts and Proceedings.
C.W. was born in January 2013. DHS became involved with the family in
January 2014. C.W. was tested for drugs at the time and was positive for
methamphetamine and tetrahydrocannabinol (THC). He was removed from his
parents’ care on January 24, 2014.
During the pendency of the case, the mother failed to follow through with
three separate mental health evaluations that were set up for her. The mother
was never employed and never had a stable home during the proceedings. She
entered two drug rehabilitation programs. She entered the first in April 2014 and
was unsuccessfully discharged on May 12, 2014. She was admitted into another
program on September 30, 2014, and was unsuccessfully discharged on
3
November 18, 2014, due to contact with a man in the program that was
considered “not appropriate.” The mother missed at least five drug tests during
the pendency of the case. She also admitted at various times there would “no
point” in testing her because it would be positive for various substances including
methamphetamine, marijuana, and Vicodin. Most recently, on March 12, 2015,
she admitted that if she were tested, it would show she had recently smoked
marijuana. At the April 10, 2015 termination hearing, the mother testified she
had not used methamphetamine “in almost a month.” At the time of the hearing,
the mother was living with a new boyfriend. She had told the social worker the
new boyfriend was abusive and she feared for her life at times. She testified at
trial that returning C.W. to her care at that time would not be in his best interests.
The father also struggles with substance abuse issues. He admitted using
methamphetamine during the pendency of the case, and the substance abuse
evaluation he completed recommended treatment. He started one outpatient
treatment and was unsuccessfully discharged from the program. He started a
second treatment but was unable to finish due to his arrest and subsequent
incarceration. The father was incarcerated during much of the pendency of the
case. He was incarcerated in February 2014 for a shoplifting conviction and
violation of his parole. He was released to a halfway house in March 2014 until
July or August 2014. The father was married on September 6, 2014. Shortly
after, on October 20, 2014, he was arrested for burglary. He was still
incarcerated for the burglary offense at the time of the termination hearing. He
anticipated coming before the parole board in August 2015.
4
The juvenile court filed an order terminating both the mother’s and father’s
parental rights to C.W. on April 21, 2015. The mother’s parental rights were
terminated pursuant to Iowa Code section 232.116(1)(h) (2013). The father’s
parental rights were terminated pursuant to sections 232.116(1)(b), (e), and (h).
The mother and father appeal separately.
II. Standard of Review.
Our review of termination decisions is de novo. In re P.L., 778 N.W.2d 33,
40 (Iowa 2010). We give weight to the juvenile court’s findings, especially
assessing witness credibility, although we are not bound by them. In re D.W.,
791 N.W.2d 703, 706 (Iowa 2010). An order terminating parental rights will be
upheld if there is clear and convincing evidence of grounds for termination under
section 232.116 (2015). Id. Evidence is “clear and convincing” when there are
no serious or substantial doubts as to the correctness of the conclusions of law
drawn from the evidence. Id.III. Discussion.
Iowa Code chapter 232 termination of parental rights follows a three-step
analysis. P.L., 778 N.W.2d at 39. The court must first determine whether a
ground for termination under section 232.116(1) has been established. Id. If a
ground for termination has been established, the court must apply the best-
interest framework set out in section 232.116(2) to decide if the grounds for
termination should result in termination of parental rights. Id. Finally, if the
statutory best-interest framework supports termination of parental rights, the
court must consider if any of the statutory exceptions set out in
section 232.116(3) weigh against the termination of parental rights. Id.5
On appeal, we may affirm the juvenile court’s termination order on any
ground we find supported by clear and convincing evidence. D.W., 791 N.W.2d
at 707. The juvenile court terminated both the mother’s and father’s parental
rights to C.W. pursuant to Iowa Code section 232.116(1)(h). The juvenile court
may terminate a parent’s parental rights pursuant to section 232.116(1)(h) when,
at the time of the termination hearing, the child was three years of age or
younger, had been adjudicated a child in need of assistance, had been removed
from the parents’ care for at least six months, and could not be returned to either
of their care at that time. There is clear and convincing evidence each of the
statutory elements for termination were met. C.W. was two years old at the time
of the terminating hearing and had been removed from both of his parents’ care
for approximately fourteen months. He had been adjudicated a child in need of
assistance on February 26, 2014. Additionally, C.W. could not be returned to
either parents’ care at the time of the hearing. The mother testified at the hearing
that it was not in C.W.’s best interests to be placed back in her care at that time,
and the father was incarcerated and did not anticipate being released until
August 2015 at the earliest.
Both the mother and the father maintain DHS failed to make reasonable
efforts to reunify C.W. with them. Specifically, the mother maintains reasonable
efforts were denied when DHS refused to allow C.W. to be placed with her in a
family treatment program that would address her substance abuse issues. The
father maintains reasonable efforts were denied when DHS refused to conduct a
home study of his new wife.
6
The family’s social worker testified that the mother had recently asked to
have C.W. join her at a family treatment program but DHS denied her request
because there were concerns regarding her participation and investment in
gaining sobriety. The mother had already been unsuccessfully discharged from
two programs. Historically, the mother used drugs up until the time she entered
a rehabilitation facility and then would spend the first couple weeks detoxing at
the facility. While detoxing, the mother was very ill and slept most hours of the
day. DHS had concerns the mother would be unable to care for C.W. if he was
placed with her while she was detoxing. At one point, DHS planned to transition
the mother from one substance abuse program to the family treatment program
where C.W. would be able to join her, but the mother was unsuccessfully
discharged from the substance abuse program before the transition could occur.
We do not believe this constitutes a failure of reasonable efforts to reunify C.W.
with his mother. See In re C.H., 652 N.W.3d 144, 147 (Iowa 2002) (“[W]hat
constitutes reasonable services varies based upon the requirements of each
individual case.”).
The father maintains reasonable efforts were denied when DHS refused to
conduct a home study of his new wife’s residence. The father married his wife
on September 6, 2014. When DHS met with the father and new wife, she shared
that she had a criminal history as a lookout for approximately thirty burglaries.
Shortly after, on October 20, 2014, the father was arrested for burglary. The wife
was arrested at the same time as the father. DHS refused to complete the home
study because C.W. had never met the wife and had no relationship with his new
stepmother. Additionally, DHS had concerns about the stability of the father and
7
wife’s relationship. C.W. was doing well in his placement with another family
member, and DHS did not want to upset his stability. We cannot say DHS failed
to make reasonable efforts for reunification.
Both parents also maintain termination of their parental rights is not in
C.W.’s best interests because of the bond C.W. shares with each parent. As the
juvenile court stated:
[C.W.] is bonded to both of his parents, but that bond has
resulted in strain and stress in [C.W’s] life. [C.W.] is extremely
impacted by his parents’ inconsistency and poor choices. He has
suffered from severe behaviors, nightmares, and acting out when
visits are missed, rescheduled, or when parents are late.
The best interest of [C.W.] would be served by termination of
parental rights and adoption. [C.W.’s] needs can be consistently
met, and therefore his safety ensured, by [his current relative
placement]. This is a stable, permanent, loving placement, where
[C.W.] will at all times be sheltered from illegal drug exposure and
criminal activity. [C.W.’s] reaction to the inconsistency he has
experienced over the past year in response to inconsistent
visitation with his parents, makes clear that his long-term needs are
best met through a permanent, secure placement through
termination and adoption.
We adopt the recitation of the juvenile court. C.W. should not have to wait
endlessly his for parents to get their lives together. D.W., 791 N.W.2d at 707.
Termination of both parents’ parental rights is in C.W.’s best interests.
Finding no factor in section 232.116(3) that precludes it, we affirm the
termination of the both the mother’s and father’s parental rights.
AFFIRMED ON BOTH APPEALS.