In the Interest of D.S., Minor Child, J.S., Mother, C.T., Father
16-1573
| Iowa Ct. App. | May 3, 2017Background
- Child D.S., born 2004; father C.T. had minimal contact since infancy, last contact around 2008, and provided little or no financial support.
- C.T. had a history of harassment and a five-year no-contact order; also past jail time and prior drug use.
- In March 2016 C.T. petitioned for physical care; this distressed the then-12-year-old child who did not want to meet his father.
- Mother J.S. filed to terminate C.T.’s parental rights under Iowa Code § 600A.8 for abandonment and failure to support; guardian ad litem recommended termination.
- Juvenile court found statutory abandonment proven but concluded termination was not in the child’s best interests, emphasizing potential future financial support from C.T. and lack of an adoptive plan.
- On de novo review the court of appeals reversed: it found C.T. had not affirmatively assumed parental duties, the child’s emotional harm and wishes favored termination, and financial considerations did not outweigh best-interest factors.
Issues
| Issue | Plaintiff's Argument (J.S.) | Defendant's Argument (C.T.) | Held |
|---|---|---|---|
| Whether termination is in child’s best interests under chapter 600A | Termination is proper because C.T. abandoned the child, provided no support, showed no sustained interest, and the child is emotionally harmed by C.T.’s sudden involvement | Maintaining C.T.’s parental rights could provide future financial support; termination would leave child without a known provider or adoptive plan | Reversed juvenile court; termination of C.T.’s parental rights is in D.S.’s best interests |
| Weight to give child’s preference (age 12) | Child’s expressed wish not to meet father and resulting emotional/physical harm should be given substantial weight | Argues potential future benefits from father’s involvement outweigh child’s current preference | Court gave significant weight to child’s expressed fears and held they favored termination |
| Role of financial support in best-interest analysis | Mother: lack of past support means potential future support is speculative and should not outweigh emotional harm | Father: potential to provide stable income and not make child a public charge argues against termination | Court held loss of speculative future support did not outweigh child’s emotional welfare and father’s past conduct |
| Whether prior abandonment and statutory grounds suffice absent best-interest finding | J.S.: statutory abandonment plus best-interest showing supports termination | C.T.: statutory finding alone insufficient if termination would harm long-term interests (e.g., finances) | Court found statutory abandonment proven and, on de novo review, best interests favored termination |
Key Cases Cited
- In re H.S., 805 N.W.2d 737 (Iowa 2011) (distinguishes chapter 600A and chapter 232 analysis; child support is a relevant chapter 600A factor but its loss alone should not control chapter 232 best-interest analysis)
- In re D.W.K., 365 N.W.2d 32 (Iowa 1985) (termination not in child’s best interest where parent seeks termination solely to avoid child support)
- In re K.J.K., 396 N.W.2d 370 (Iowa Ct. App. 1986) (termination may be improper if it would make child a public charge)
- In re T.B., 604 N.W.2d 660 (Iowa 2000) (parent’s past behavior is a strong predictor of future conduct)
- In re A.H.B., 791 N.W.2d 687 (Iowa 2010) (child’s emotional and psychological health is an important best-interest factor)
- In re G.A., 826 N.W.2d 125 (Iowa Ct. App. 2012) (chapter 600A best-interest standard requires affirmative assumption of parental duties)