In the Interest of D.I., A.I., A.I., and A.I., Minor Children ( 2022 )


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  •                     IN THE COURT OF APPEALS OF IOWA
    No. 22-1771
    Filed December 21, 2022
    IN THE INTEREST OF D.I., A.I., A.I., and A.I.,
    Minor Children,
    R.I., Mother,
    Appellant.
    ________________________________________________________________
    Appeal from the Iowa District Court for Black Hawk County, David F. Staudt,
    Judge.
    The mother appeals the termination of her parental rights to four of her
    children. AFFIRMED.
    Joseph G. Martin, Cedar Falls, for appellant mother.
    Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney
    General, for appellee State.
    Tammy L. Banning, Waterloo, attorney and guardian ad litem for minor
    children.
    Considered by Bower, C.J., and Greer and Buller, JJ.
    2
    GREER, Judge.
    The juvenile court terminated the mother’s parental rights to four of her
    children,1 who ranged in ages from eight to two years old at the time of the
    termination trial, under Iowa Code section 232.116(1)(f) and (h) (2022).2 On
    appeal, the mother challenges the statutory grounds for termination, claiming the
    children could have come home at the time of the termination hearing. See 
    Iowa Code § 232.116
    (1)(f)(4), (h)(4). In the alternative, she maintains she should get
    more time to work toward reunification. See 
    id.
     § 232.104(2)(b).
    “We review termination of parental rights de novo.” In re W.T., 
    967 N.W.2d 315
    , 322 (Iowa 2021). “We are not bound by the factual findings of the juvenile
    court” but give them weight, “particularly regarding credibility determinations.” 
    Id.
    The juvenile court terminated the mother’s rights to the oldest three children
    under paragraph (f) and to the youngest child under paragraph (h) of section
    232.116(1). Termination under these grounds requires proof of several elements
    not at issue here and the common element of whether the children could be
    returned to the mother’s custody at the time of the termination hearing. See 
    Iowa Code § 232.116
    (1)(f)(4), (h)(4); In re D.W., 
    791 N.W.2d 703
    , 707 (Iowa 2010)
    (defining “at the present time” as the time of the termination hearing). The mother
    argues the children could be returned because the initial concerns of the Iowa
    Department of Health and Human Services (DHHS), the condition of the family
    1 The mother had a fifth child in early 2022; that child remained in her care at the
    time of the termination hearing and is not at issue here.
    2 The juvenile court also terminated the parental rights of the children’s father. He
    does not appeal.
    3
    home and domestic violence in the parents’ relationship, were resolved by the time
    of the termination trial. We disagree.
    True, the family home is in a better condition; it went from unlivable (in late
    2019) due to hoarding to the extent there was not space for the children to sleep
    or play safely to mostly cleaned up and habitable for several months in 2022
    (leading up to the termination trial in June and July). But, according to testimony
    from the maternal grandmother, the mother has long shown hoarding tendencies,
    and yet the mother refused to accept a diagnosis of hoarding disorder from a
    mental-health provider and did not work on the issue in therapy. Two or three
    months before the termination hearing, the home was observed by DHHS and the
    basement remained a safety concern with three large rooms so filled with items
    that the rooms posed a danger if the children entered them. An additional concern
    was that over the course of DHHS involvement, even after cleaning up the clutter,
    the condition quickly deteriorated and became unsafe again. While the family
    home was mostly habitable at the time of the termination trial, we cannot say the
    mother’s issues with hoarding are resolved.
    Even more importantly, while it seems like the children’s father is out of the
    picture,3 the children’s struggles that stem from witnessing violence in the parents’
    relationship are severe and ongoing. The mental-health counselor of the oldest
    two children testified she diagnosed the oldest child with attention deficit
    3 The mother and father are married. The mother had her fifth child with the father
    in early 2022; she testified she has not seen him since July 2021 when a no-contact
    order was put in place. There is no indication the mother has filed for divorce from
    the father, and DHHS questioned whether the mother and father’s relationship was
    truly over.
    4
    hyperactivity disorder and posttraumatic stress disorder. The second-oldest child
    was diagnosed with oppositional defiant disorder and unspecified trauma and
    stressor related disorder. According to the counselor, each of these children
    showed signs of being exposed to trauma as each struggled with emotional
    regulation and lying. And it is well-documented that the children exhibit extreme
    behaviors of violence and aggression toward each other and the mother; they also
    do not respond to the mother’s directions and have placed themselves in
    dangerous situations as a result, such as running away from the mother near a
    busy street. The counselor linked these behaviors to both the violence the children
    witnessed in their home and the mother’s historic lack of follow through when
    setting expectations and giving the kids directions. Even more, the mother failed
    to follow up with recommended care for the children, believing they did not need
    the additional services and evaluations.
    The DHHS social worker emphasized that the level of acting out and
    aggression is not just “normal” kid behavior. She testified about ending a visit in
    May early due to concerns the children could be seriously injured and described
    another visit at a local park when a police officer intervened in a visit to help keep
    the children safe. The worker explained that DHHS was so concerned about the
    chances the children may cause serious harm to themselves or each other that
    visits were recently switched so the mother only has two children in her care at
    once. All in all, the social worker, a woman who provided parenting education and
    support to the mother for a number of months through a local service, the maternal
    grandmother, and the court appointed special advocate each opined that the
    5
    mother was unable to parent the four children at issue plus the newborn baby who
    remains in her care.
    In contrast, the children are better behaved and less aggressive when they
    are in the care of the foster parents. In the months leading up to the termination
    trial, with counseling and—at least for the oldest—medication management, the
    oldest children showed growth; they were better able to regulate their emotions
    and behaviors. The structure and predictability provided by the foster homes4 also
    played a significant role, and the counselor opined this would also be important for
    the children to have going forward. The children could not be safely returned to
    the mother’s custody at the time of the termination hearing. See In re W.M., 
    957 N.W.2d 305
    , 313 (Iowa 2021) (considering whether children could be “safely
    returned to [the parent’s] custody”).
    Next, the mother claims she should be given more time to work toward
    reunification.   See 
    Iowa Code § 232.104
    (2)(b).       The children were formally
    removed from the mother’s custody in November 2020.5 And then, following the
    permanency hearing in November 2021, the court “deferred [permanency] for
    approximately six months.” During that delay, some of the children were returned
    to the mother’s care in a trial placement, which ended with a founded allegation of
    physical abuse by the mother against one of the children in February 2022. By the
    second day of the termination trial—in July 2022—the children had been out of the
    4 The oldest three children live with one foster family, while the youngest child at
    issue resides with another.
    5 DHHS became involved with the family in November 2019, and the children were
    “safety planned” out of the family home twice due to domestic violence and the
    condition of the home before the formal removal in November 2020.
    6
    mother’s custody for approximately twenty months. The time for delay has passed;
    termination of the mother’s parental rights is in the best interests of these four
    children. See In re A.S., 
    906 N.W.2d 467
    , 474 (Iowa 2018) (“The ‘legislature has
    established a limited time frame for parents to demonstrate their ability to be
    parents.’” (citation omitted)); In re A.C., 
    415 N.W.2d 609
    , 613 (Iowa 1987)
    (“[P]atience with parents can soon translate into intolerable hardship for their
    children.”).
    AFFIRMED.
    

Document Info

Docket Number: 22-1771

Filed Date: 12/21/2022

Precedential Status: Precedential

Modified Date: 12/21/2022