In the Interest of M.C., Minor Child, M.C., Father
16-1934
Iowa Ct. App.Feb 22, 2017Background
- Child M.C., born ~May 2014, was removed in May 2015 after a positive methamphetamine test; child placed with mother after she addressed issues.
- Father (age 28 at hearing) had long-term weekly methamphetamine and marijuana use beginning in adolescence.
- Father’s last contact with M.C. was a supervised visit in November 2015; he violated probation, was arrested, and had been incarcerated ~7 months at Clarinda at the September 2016 termination hearing.
- Father testified he had changed in prison and would engage in services after release; record included prison discipline for marijuana and recorded statements undermining claimed change.
- Juvenile court terminated father’s parental rights under Iowa Code § 232.116(1)(e) and (h); father did not contest the statutory grounds on appeal and instead challenged best-interests and application of permissive factor § 232.116(3)(e).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination is in child’s best interests | State: termination is supported by child's need for permanency, father’s instability and incarceration | Father: he will be released soon, has another child he retains rights to, and claims he has changed and will engage services | Court: termination is in best interests; father has not shown meaningful change or ability to provide permanency |
| Whether permissive factor § 232.116(3)(e) (parent absent due to institutionalization) bars termination | Father: absence due to incarceration should preclude termination under subsection (3)(e) | State: subsection (3)(e) does not apply to penal institutions | Court: (3)(e) does not cover penal institutions; factor does not preclude termination |
Key Cases Cited
- In re A.M., 843 N.W.2d 100 (Iowa 2014) (standard and framework for reviewing termination proceedings)
- In re L.G., 532 N.W.2d 478 (Iowa Ct. App. 1995) (de novo review principles in juvenile matters)
- In re C.B., 611 N.W.2d 489 (Iowa 2000) (clear-and-convincing evidence standard explained)
- In re P.L., 778 N.W.2d 33 (Iowa 2010) (three-step termination analysis under chapter 232)
- In re J.V., 464 N.W.2d 887 (Iowa Ct. App. 1990) (holding institution in § 232.116(3)(e) does not include penal institutions)