In the Interest of M.S., S.P., and W.P., Jr., Minor Children, J.B., Father of M.S., W.P. Sr., Father of S.P. and W.P. Jr.
17-0393
| Iowa Ct. App. | Jun 7, 2017Background
- Two fathers appealed termination of parental rights for their children: J.B. (father of M.S., born 2011) and W.P. Sr. (father of S.P., born 2007, and W.P. Jr., born 2005).
- J.B. had minimal contact with M.S.: no contact until the child was over three, then only three visits over five years; he declined offered services and later entered inpatient substance-abuse treatment while denying need to DHS.
- W.P. Sr. is incarcerated with a tentative discharge date in 2037, had not seen the children since 2010, and had little or no recent contact; one prior visit prompted a founded child abuse report.
- The juvenile court found statutory grounds to terminate both fathers’ rights (abandonment/desertion and inability to place children within a reasonable time) and that termination served the children’s best interests.
- The mothers’ rights were also terminated (not appealed); guardians ad litem and DHS supported termination and potential adoptive placements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether J.B. abandoned/deserted M.S. under Iowa Code § 232.116(1)(b) | State: J.B. abandoned M.S. by failing to maintain contact or support over years | J.B.: lacked notice/resources; claimed limited notice of proceedings | Court: affirmed termination under § 232.116(1)(b); J.B. failed to engage or accept offered services |
| Whether reasonable efforts / services were provided to J.B. | State: DHS offered services and visitation; parent refused | J.B.: claimed insufficient services/offered too late | Court: affirmed that reasonable services were offered; parent must request or accept services |
| Whether children could be returned to W.P. Sr. within a reasonable time under § 232.116(1)(f) | State: children cannot be placed with father due to incarceration, long absence, and past abuse | W.P. Sr.: argued State failed to prove inability to place within reasonable time; sought placement with his mother | Court: affirmed termination under § 232.116(1)(f); incarceration and history make return unreasonable |
| Whether termination was in the children’s best interests | State: length of out-of-home placement, parental abandonment, lack of progress, and adoptive prospects support termination | Fathers: termination not in children’s best interests (argued insufficient consideration of alternatives) | Court: affirmed best-interest finding; termination and adoption deemed appropriate |
Key Cases Cited
- In re A.M., 843 N.W.2d 100 (Iowa 2014) (standard of de novo review for juvenile termination appeals)
- In re C.H., 652 N.W.2d 144 (Iowa 2002) (parents who refuse offered treatment may not later challenge adequacy of services)
- In re L.M.W., 518 N.W.2d 804 (Iowa Ct. App. 1994) (parents must request services prior to termination hearing)
- In re S.R., 600 N.W.2d 63 (Iowa Ct. App. 1999) (affirmance can rest on any one statutory ground cited by juvenile court)
- In re K.A., 516 N.W.2d 35 (Iowa Ct. App. 1994) (parent whose rights are terminated lacks standing to challenge placement)