In re A.M. ( 2018 )

IN THE COURT OF APPEALS OF IOWA
No. 17-1920
Filed January 24, 2018
IN THE INTEREST OF A.M.,
Minor Child,
D.M., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Story County, Stephen A. Owen,
District Associate Judge.
A mother appeals the adjudication of her teenaged daughter as a child in
need of assistance. AFFIRMED.
Daniela Matasovic of Matasovic Law Firm, Ames, for appellant mother.
Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney
General, for appellee State.
Shannon M. Leighty of the Public Defender Office, Nevada, guardian ad
litem for minor child.
Considered by Vogel, P.J., and Tabor and Bower, JJ.
2
TABOR, Judge.
A mother, Deborah, challenges the juvenile court’s finding that her
seventeen-year-old daughter,1 A.M., is a child in need of assistance (CINA).
Deborah admits striking A.M. but attributes the physical conflict to A.M.’s rebellious
attitude and argues the one-time incident does not merit involvement of the Iowa
Department of Human Services (DHS) with their family. Because the juvenile
court’s adjudication and disposition are supported by clear and convincing
evidence, we affirm.2
In August 2017, a child protective assessment investigator came to A.M.’s
home to investigate an allegation that Deborah punched A.M. in the arm. Deborah
acknowledged hitting her daughter in frustration over her defiant behavior. Both
Deborah and A.M. described a badly strained mother-daughter relationship. The
investigator noted A.M.’s four-to-five inch bruise, fading but still visible more than
one week after the contact. The investigator observed A.M. was “incredibly thin
with almost no fat on her body” and “extremely pale.” Deborah told the investigator
A.M. “refused to eat” and complained about stomach issues. According to medical
records, A.M. was diagnosed in 2012 with failure to thrive but had not been
diagnosed with an eating disorder. The investigator did not conclude Deborah was
1
Deborah is A.M.’s biological grandmother but adopted A.M. when she was an infant.
2
Our review of dispositional orders in CINA cases is de novo. In re K.B., 753 N.W.2d 14,
15 (Iowa 2008). Although we are not bound by the factual findings of the juvenile court,
we give them weight. In re J.S., 846 N.W.2d 36, 40 (Iowa 2014). Our primary concern is
the child’s best interest. Id. The State’s evidence must be clear and convincing to support
the CINA determination. Iowa Code § 232.96(2). The State meets that standard when
there are no serious or significant doubts as to the correctness of conclusions of law drawn
from the evidence. In re D.W., 791 N.W.2d 703, 706 (Iowa 2010).
3
withholding food from A.M. But the investigator decided the allegation of physical
abuse was founded.
The State filed a CINA petition on August 28, 2017, citing Iowa Code section
232.2(6)(b), (c)(2), and (g) (2017). The juvenile court held an adjudication hearing
in late October, hearing testimony from A.M.’s mother, father, and older sister, as
well as two family friends and the DHS social worker. On October 30, 2017, the
juvenile court issued an adjudication order, finding clear and convincing evidence
to support the State’s allegations under section 232.2(6)(b) and (c)(2). The
juvenile court found the family needed aid from the DHS, opining:
[A.M.’s] family did recognize the discordant and dysfunctional family
relationships for a significant period of time before the Iowa DHS
child abuse assessment investigation was commenced, but failed to
take any action until after they had DHS contact. [Deborah] claims
to have undertaken significant research to improve her parenting that
was unsuccessful and ultimately led to the perpetration of physical
abuse against [A.M.]. This further suggests the need for a higher
level of oversight and the provision of services under the auspices of
the court’s authority to professionally service the child’s and family’s
needs.
In a November 15, 2017 report, the DHS recommended A.M. and her parents
engage in individual and family counseling. Six days later, the juvenile court held
a hearing and entered a dispositional order, continuing the CINA adjudication and
requiring the parties to participate in the recommended mental-health treatment
and counseling. The court also accepted the State’s recommendation that the
case automatically close on January 31, 2018. The court noted the limited scope
and duration of the recommended services did not mean A.M. and her family could
not benefit from the help. Deborah appeals the CINA adjudication and
dispositional orders.
4
On appeal, Deborah challenges the statutory basis for the CINA finding.
Under state law, a child in need of assistance means “an unmarried child . . .
[w]hose parent . . . has physically abused or neglected the child, or is imminently
likely to abuse or neglect the child.” Iowa Code § 232.2(6)(b). The definition also
includes a child “who has suffered or is imminently likely to suffer harmful effects
as a result of . . . [t]he failure of the child’s parent . . . to exercise a reasonable
degree of care in supervising the child.” Iowa Code § 232.2(6)(c)(2).
Deborah argues the “one-time incident” did not rise to the level of “physical
abuse” under subsection (6)(b) because her intent as a mother was to discipline
and provide structure for A.M. Deborah asserts A.M. “provoked” the incident by
being verbally abusive. But Deborah also asserts she was immediately remorseful
after hitting her daughter. As for subparagraph (6)(c)(2), Deborah contends the
State offered no evidence to show a lack of supervision or a failure to provide A.M.
with food, clothing, shelter, medical attention, and educational opportunities.
In claiming she did not engage in child abuse, Deborah urges two points.
First, she claims her physical confrontation with A.M. was not abuse because it
was isolated and minor; Deborah characterizes the contact as a “nudge” that
resulted in “a faint bruise.” Second, she invokes a parental “right” to educate her
child by engaging in corporal punishment.
In Iowa, “a parent may only inflict such punishment as is reasonable under
the facts and circumstances.” State v. Arnold, 543 N.W.2d 600, 604 (Iowa 1996)
(rejecting father’s corporal-punishment defense to a child-endangerment
prosecution where his belt strikes to daughter’s buttocks left bruising). Although
the jury in Arnold could have found the child was “willfully disobedient and in need
5
of discipline,” the evidence also supported a determination the parent’s manner of
discipline was “unduly severe and harsh.” Id.Here, the State offered clear and convincing evidence that Deborah’s
punishment of A.M. was not reasonable under the circumstances and constituted
physical abuse. Contrary to her argument on appeal, Deborah was not
“appropriately disciplining” A.M. when the bruising occurred. Deborah
acknowledged hitting A.M. out of frustration, and her attorney told the juvenile court
that Deborah “immediately realized what she did was wrong.”3 Because we find
adequate support for the juvenile court’s CINA adjudication order under subsection
(6)(b), we need not address the alternative ground at section (6)(c)(2). Cf. In re
D.W., 791 N.W.2d 703, 707 (Iowa 2010) (holding appellate court may affirm
juvenile court’s termination order on any ground supported by clear and convincing
evidence).
Deborah raises a second issued on appeal, contending the juvenile court
should not have continued the CINA adjudication after the November 2017
disposition hearing. She contends A.M. no longer needs aid from the juvenile court
because the family has enrolled in therapy. As the juvenile court noted, the family
likely would not have pursued professional counseling but for the intervention of
the child welfare system. Deborah’s self-help parenting measures were not
working to ease the troubled relationship with A.M. We agree with the juvenile
3
The American Academy of Pediatrics has opined that forms of physical punishment,
including “striking a child with such intensity that marks lasting for more than a few minutes
occur” and “physical punishment delivered in anger with intent to cause pain” are
unacceptable, may be “dangerous to the health and well-being of the child,” and should
never be used. American Academy of Pediatrics Committee on Psychosocial Aspects of
Child and Family Health, Guidance for Effective Discipline, 101 Pediatrics 723, 726 (April
1998).
6
court’s decision to continue overseeing this CINA case on a short-term basis to
ensure positive progress in the home.
AFFIRMED.