In the Interest of W.A., C.A., B.A., and H.A., Minor Children, N.A., Grandmother
17-1178
| Iowa Ct. App. | Oct 11, 2017Background
- Parents’ rights to all four children were terminated in Oct. 2016 and that termination was affirmed on appeal; children were placed for adoption or relative care.
- Paternal grandmother N.A. moved to intervene in the CINA/TPR proceedings (Jan. 2017) and later sought visitation (May 2017); she withdrew intervention/appeal as to one child (W.A.).
- Juvenile court denied N.A.’s motions to intervene and for visitation, finding intervention and visitation would not be in the children’s best interests.
- Record concerns included N.A. facilitating unsupervised contact between the children and their father despite DHS prohibitions, reports of alcohol and e-cigarette use during such contact, and a home-study that questioned her boundary-setting and decision-making.
- Trial court emphasized the children’s need for permanency (one child ready for adoption; others in need of permanency) and that intervention or visitation could impede that outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Motion to intervene as of right under Iowa R. Civ. P. 1.407(1)(b) | N.A.: as grandmother, she has an interest that may be impaired and is not adequately represented; seeks party status to protect interest | State/DHS: allowing intervention would harm children’s best interests and risk delaying permanency; concerns about N.A.’s conduct | Denied — court refused intervention, concluding intervention would be contrary to children’s best interests and could jeopardize permanency |
| Motion for grandparent visitation | N.A.: she has an existing relationship; visitation would be in children’s best interests | State/DHS: DHS had grounds to restrict visitation given safety/boundary concerns and prior unauthorized contacts with father | Denied — on de novo review, visitation would be contrary to children’s best interests |
Key Cases Cited
- In re A.G., 558 N.W.2d 400 (Iowa 1997) (intervention allowed in CINA/TPR matters; standard for intervention)
- In re H.N.B., 619 N.W.2d 340 (Iowa 2000) (courts have discretion in assessing intervenor’s interest; welfare of child paramount)
- In re E.G., 738 N.W.2d 653 (Iowa Ct. App. 2007) (reluctance to grant intervention that delays adoption or permanency)
- Graves v. Eckman, 550 N.W.2d 470 (Iowa Ct. App. 1996) (juvenile court’s power over grandparent visitation in CINA proceedings)
- In re K.R., 537 N.W.2d 774 (Iowa 1995) (juvenile court may determine and limit grandparent visitation in best interests of child)
- Meier v. Senecaut, 641 N.W.2d 532 (Iowa 2002) (appellate review limits — issues must be preserved in district court)
- In re C.B., 611 N.W.2d 489 (Iowa 2000) (appellate briefing must identify error with authority)
