856 N.W.2d 2
Iowa Ct. App.2014Background
- J.D. (born 2003) and E.D. (born 2005) came to DHS in 2011 due to severe domestic-violence issues and the father’s abuse of the mother; the mother had substance-abuse issues but improved, while the father did not take responsibility for abuse.
- The children were adjudicated CINA and removed from the father’s care on February 27, 2012, and never returned, with supervised visits only.
- The State filed a petition to terminate parental rights, citing 232.116(1)(f); the court concluded termination was warranted under that paragraph.
- The father resisted services, denied abuse, and failed to engage in therapy, counseling, or other court-ordered services.
- The juvenile court terminated the father’s rights on March 31, 2014; the appellate court affirmed, finding continued risk and lack of progress justified termination.
- The case emphasizes domestic violence, ongoing parental noncompliance, and the children’s best interests under Iowa Code §232.116(2) and (3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was proper under 232.116(1)(f) despite scrivener’s error | County contends the petition and disposition align with (f) | Father argues misapplication due to reference to (h) | Termination proper under (f); (h) reference is scrivener’s error |
| Whether the twelve-month removal requirement was met | Removal occurred in Feb 2012 and continued | Father claims children were never removed | Met the twelve-month removal requirement under (f) |
| Whether termination was in the children’s best interests notwithstanding the father–child bond | Termination supported by ongoing violence and lack of engagement | Bond precludes termination or reunification concerns | Termination in best interests; bonds did not preclude termination; §232.116(3) factors did not preclude |
Key Cases Cited
- In re L.B., 530 N.W.2d 465 (Iowa Ct. App. 1995) (need for abuse acknowledgment before change can occur; relevance to best interests)
- In re J.E., 723 N.W.2d 793 (Iowa 2006) (past conduct informative for future actions; cannot return home if parent cannot change)
- In re T.T., 541 N.W.2d 552 (Iowa Ct. App. 1995) (when parent incapable of changing, termination is necessary)
- State v. Yarborough, 536 N.W.2d 493 (Iowa Ct. App. 1995) (scrivener’s error not grounds for reversal)
- In re C.K., 558 N.W.2d 170 (Iowa 1997) (termination not countermanded by relative’s willingness; safety considerations)