In Re the Interest of A.P., Minor Child, P.B., Mother, T.W., Father
17-1144
| Iowa Ct. App. | Sep 27, 2017Background
- A.P., born 2015, was adjudicated a child in need of assistance in October 2015 after the mother tested positive for methamphetamine; child initially remained with mother while she engaged in treatment.
- Mother has diagnoses of methamphetamine, cannabis, and alcohol dependence; she relapsed in August 2016, left the toddler home alone while intoxicated, and was later convicted of child endangerment and placed on probation.
- In April 2017 mother was found unresponsive from intoxication, tested positive for methamphetamine, had probation revoked, and was sentenced to 180 days in jail; the State sought termination of parental rights.
- Father has a significant criminal history, pled guilty to possession of precursors with intent to manufacture, was on probation, had only seen the child once (court appearance), did not participate in services, and made no attempt to establish a relationship.
- Juvenile court terminated mother’s rights under Iowa Code § 232.116(1)(l) and (i), and father’s rights under § 232.116(1)(e) and (i), denied mother and father six‑month extensions, and found termination was in the child’s best interests.
Issues
| Issue | Appellants' Argument | State/Respondent's Argument | Held |
|---|---|---|---|
| Sufficiency to terminate mother’s rights under § 232.116(1)(l) (severe substance disorder; danger; prognosis) | Mother: Evidence insufficient to show severe disorder or inability to return child within reasonable time | State: Mother has chronic substance dependence, convictions for child endangerment, recent relapse and incarceration making return unlikely | Termination affirmed under § 232.116(1)(l) (clear and convincing evidence) |
| Whether court should grant mother a six‑month extension under § 232.104(2)(b) | Mother: Additional six months would allow reunification | State: Mother’s recent relapse, treatment history, and upcoming incarceration make reunification within six months unlikely | Extension denied; not likely removal need would end in six months |
| Admissibility of mother’s pending criminal charge/intoxication evidence (Fifth Amendment and prejudice) | Mother: Admitting pending charge forces her to testify or waive Fifth Amendment; evidence more prejudicial than probative | State: Evidence of intoxication/unresponsiveness is highly probative to parenting risk and prognosis | Evidence admissible; no Fifth Amendment violation and probative value outweighed prejudice |
| Sufficiency to terminate father’s rights under § 232.116(1)(e) (lack of meaningful contact) | Father: Evidence insufficient to terminate; requests six months | State: Father made no reasonable efforts, only saw child once, did not participate in services; reunification unlikely | Termination affirmed under § 232.116(1)(e); extension denied as unlikely to permit return |
Key Cases Cited
- In re D.W., 791 N.W.2d 703 (Iowa 2010) (standard of review in termination appeals is de novo)
- In re J.E., 723 N.W.2d 793 (Iowa 2006) (clear and convincing evidence required to terminate parental rights)
- In re L.L., 459 N.W.2d 489 (Iowa 1990) (best interests of the child is paramount in termination decisions)
- In re N.F., 579 N.W.2d 338 (Iowa Ct. App. 1998) (treatment history is relevant to prognosis for reunification)
- Conkling v. Conkling, 185 N.W.2d 777 (Iowa 1971) (a party’s choice not to testify does not violate privilege against self-incrimination)
- In re P.L., 778 N.W.2d 33 (Iowa 2010) (state may obtain permanency rather than delay for speculative parental improvement)