In the Interest of G.C., Minor Child, C.R., Mother
17-0244
| Iowa Ct. App. | May 17, 2017Background
- Mother C.R. has a history of mental-health issues and long-term substance abuse; multiple prior CINA proceedings involving her other children.
- In December 2015 reports indicated the mother used methamphetamine while caring for her son G.C. (born 2013); the child was placed with his paternal grandmother and remained out of mother’s custody.
- Mother completed inpatient treatment but repeatedly relapsed, was removed from outpatient programs, had probation revoked, and was placed in a Residential Correctional Facility (RCF); while at the RCF she tested positive for meth in August 2016.
- The State filed a petition to terminate parental rights in September 2016; a termination hearing occurred in November 2016 and the juvenile court terminated mother’s parental rights in February 2017.
- Mother appealed only three issues: (1) alleged defective service/notice, (2) claim the Department failed to make reasonable reunification efforts and she should be given more time, and (3) assertion that the juvenile court relied on false information.
- The child had been out of the mother’s custody for more than six months at the time of the termination petition; the mother did not request additional or different services prior to permanency/termination hearings.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether termination order is void for defective service | Return of service was facially deficient (certified service of an “order” only); so termination should be void | Mother in fact received notice and petition; corrected return and sheriff’s testimony show proper personal service | Service was adequate; termination order not void |
| Whether reasonable reunification efforts were made | Department agreed mother could have until Jan 23, 2017 to show progress; mother had last-minute progress and should get more time | Department provided reasonable services; mother repeatedly relapsed and failed to participate; statutory timelines control | Reasonable efforts were made; additional time not warranted |
| Whether court relied on false information | Mother argued certain reported facts were false and influenced the court | State pointed to documentary record and testimony supporting findings (positive drug tests, infractions) | No reversible error; court’s findings supported by record |
| Whether parent preserved/requested alternative services | Mother claimed need for more/other services | Mother did not timely request different services; parent must request additional services to preserve issue | Issue not preserved; mother failed to timely seek different services |
Key Cases Cited
- In re A.M., 843 N.W.2d 100 (Iowa 2014) (standard of appellate review and termination analysis)
- Barrett v. Bryant, 290 N.W.2d 917 (Iowa 1980) (proof-of-service deficiencies do not automatically invalidate service)
- In re Marriage of Bruns, 535 N.W.2d 157 (Iowa Ct. App. 1995) (waiver of service defects by responding to process)
- In re C.H., 652 N.W.2d 144 (Iowa 2002) (parent’s obligation to request additional services)
- In re A.A.G., 708 N.W.2d 85 (Iowa Ct. App. 2005) (preservation rules for service requests)
- In re C.B., 611 N.W.2d 489 (Iowa 2000) (legislature’s policy favoring termination when child cannot be returned within statutory period)
- In re P.L., 778 N.W.2d 33 (Iowa 2010) (appellate review limits when issues not challenged)