CourtListener 4546676•In the Interest of M.L., Minor Child
Full text
IN THE COURT OF APPEALS OF IOWA
No. 18-1512
Filed October 24, 2018
IN THE INTEREST OF M.L.,
Minor Child,
I.L., Father,
Appellant,
A.F., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Black Hawk County, David F. Staudt,
Judge.
A mother and a father separately appeal the termination of their parental
rights to their child. AFFIRMED ON BOTH APPEALS.
Mark A. Milder of Mark Milder Law Firm, Waverly, for appellant father.
Stephanie A. Sailer of Sailer Law, PLLC, Cedar Falls, for appellant mother.
Thomas J. Miller, Attorney General, and Kathryn K. Lang, Assistant
Attorney General, for appellee State.
Andrew C. Abbott of Abbott Law Office, P.C., Waterloo, guardian ad litem
for minor child.
Considered by Danilson, C.J., and Potterfield and Doyle, JJ.
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DOYLE, Judge.
A mother and a father separately appeal the termination of their parental
rights to their child. The mother contends the State failed to prove the grounds for
termination by clear and convincing evidence and termination is not in the child’s
best interests. Both parents request additional time.
We review termination proceedings de novo. See In re A.M., 843 N.W.2d
100, 110 (Iowa 2014). We are not bound by the juvenile court’s findings of fact,
although we give them weight, especially those concerning witness credibility. See
id.
The child was born in October 2017 and removed from the parents’ care
shortly thereafter due to concerns about the parents’ mental health and lack of
parenting skills. Additionally, there were concerns about the father’s difficulty
managing his anger and his history of engaging in domestic violence. As a result,
the child was adjudicated to be in need of assistance (CINA) pursuant to Iowa
Code section 232.2(6)(n) (2017) (defining a CINA as a child whose parent’s
“mental capacity or condition . . . results in the child not receiving adequate care”).
Following a permanency hearing in April 2018, the juvenile court entered an order
directing the State to file a petition seeking to terminate parental rights, citing the
parents’ lack of parenting skills and various safety concerns. The termination
hearing was held in July 2018, and the juvenile court entered an order terminating
the parental rights of both parents pursuant to section 232.116(1)(h) (2018).
The juvenile court may enter an order terminating a parent’s rights if clear
and convincing evidence shows:
(1) The child is three years of age or younger.
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(2) The child has been adjudicated a child in need of
assistance pursuant to section 232.96.
(3) The child has been removed from the physical custody of
the child’s parents for at least six months of the last twelve months,
or for the last six consecutive months and any trial period at home
has been less than thirty days.
(4) There is clear and convincing evidence that the child
cannot be returned to the custody of the child’s parents as provided
in section 232.102 at the present time.
Iowa Code § 232.116(h). The mother disputes the evidence showing the child
could not be returned to her custody at the time of the termination hearing. See
id. § 232.116(1)(h)(4); In re D.W., 791 N.W.2d 703, 707 (Iowa 2010) (interpreting
the term “at the present time” to mean to mean “at the time of the termination
hearing”).
The record shows the child could not be returned to the mother’s care at the
time of the termination hearing. In an order entered April 30, 2018, the juvenile
court found:
The parents have limited parenting skills. They have [not] yet been
able to sufficiently master much of the parenting necessary to care
for a six-month-old child. They are unable to perform many of the
daily chores necessary for care of a minor child. The family home
continues to be unsafe for a small child. There are various safety
concerns that need to be addressed. Unfortunately for the parents,
they lack a support system to assist with [the child]’s care. It appears
that [the father] will not allow [the mother]’s family to have contact
with her or their child due to his dislike of her family. Neither parent
is admitting to the domestic violence that occurred in the relationship.
[The mother] is now denying a number of the very serious allegations
she leveled against [the father] early on in the case concerning his
care of the minor child. The Court finds that although both parents
are making attempts, their inability to successfully overcome the
many problems prevents the likelihood that they will be able to
reunify with their child in the next six months.
On May 8, the mother reported that she and the father wanted to terminate their
parental rights and requested that their visits with the child end. Although the
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parents later changed their minds about terminating their parental rights, they
stopped participating in services and visitations in May 2018. The concerns about
the parents’ ability to safely care for the child continued to persist at the time of the
termination hearing. Because these concerns prevent the child’s return to the
parents’ custody, clear and convincing evidence supports termination under
section 232.116(1)(h).
The mother also contends termination is not in the child’s best interests. In
making the best-interests determination, our primary considerations are “the
child’s safety,” “the best placement for furthering the long-term nurturing and
growth of the child,” and “the physical, mental, and emotional condition and needs
of the child.” In re P.L., 778 N.W.2d 33, 37 (Iowa 2010) (quoting Iowa Code
§ 232.116(2)). The “defining elements in a child’s best interest” are the child’s
safety and “need for a permanent home.” In re J.E., 723 N.W.2d 793, 802 (Iowa
2006) (Cady, J., concurring specially).
The record shows the mother has been unable to improve her parenting
skills to provide for the child’s physical, mental, and emotional needs. The child
would be at risk of harm if returned to the mother’s care. The parents previously
gave up a child for adoption, and the couple who adopted that child indicated they
are willing to adopt the child at issue, which would provide the child with a safe,
permanent home. Based on the child’s needs, termination is in the child’s best
interests.
Both parents ask that permanency be delayed for an additional six months
to have the child returned to their care. See Iowa Code § 232.104(2)(b) (allowing
the court to continue placement of the child for an additional six months if it is
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determined “that the need for removal of the child from the child’s home will no
longer exist at the end of the additional six-month period”). However, as stated
above, delaying permanency is not in the child’s best interests. Children are not
equipped with pause buttons, and delaying their permanency in favor of the
parents is contrary to the children’s best interests. See A.M., 843 N.W.2d at 112
(noting children must not be deprived permanency on the hope that someday the
parent will be able to provide a stable home); In re A.C., 415 N.W.2d 609, 614
(Iowa 1987). Once the grounds for termination have been proved, time is of the
essence. See A.C., 415 N.W.2d at 614 (“It is unnecessary to take from the
children’s future any more than is demanded by statute. Stated otherwise, plans
which extend the [statutory] period during which parents attempt to become
adequate in parenting skills should be viewed with a sense of urgency.”); see also
In re R.J., 436 N.W.2d 630, 636 (Iowa 1989) (noting that once the time period for
reunification set by the legislature has expired, “patience on behalf of the parent
can quickly translate into intolerable hardship for the children”).
We affirm the termination of both the mother’s and the father’s parental
rights to the child.
AFFIRMED ON BOTH APPEALS.
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