*1 raise issue on of the offense to a factual 707.5(1). This section defines unin- D.C., J.C., A.C., In the Interest of causing death “commission

tentionally J.L.C., T.C., M.C., Children. other than a public of a offense forcible was arson the first de- felony,” which Appeal Natural Mother. requested gree in this case. Defendant manslaughter involuntary instructions 707.5(1) for the offenses of under section Appeals of Iowa. degree and arson in the second reckless use fire, offenses that are not forcible felo- escapes. request Under this nies or As Corrected Jan. court must determine there substantial defendant either commit- evidence

ted the offense of arson in the second

degree or reckless use of fire and offense,

by the commission of either unintentionally caused the

defendant death

of a Sidhu child.

There is substantial evidence of arson in

the second and of reckless use of party

fire. Neither contends that there

was insufficient evidence submit arson degree.

in the first We held earlier that

each of these lesser-included offenses met legal test. if sufficient evi- exists, greater

dence on the offense there

is sufficient evidence of the two lesser-in-

cluded offenses.

There is also substantial evidence that

the commission of either offense caused party death a child. Neither

tends that there was insufficient evidence charge. Consequent-

to submit the murder

ly, there is sufficient on the ele- unintentionally causing

ment the death

of a child. factual test was met each element involuntary

of each instruction for man- 707.5(1).

slaughter under section Under holding in Jeffries,

our the lesser-included involuntary manslaughter pur-

offenses of 707.5(1)

suant to section should have been

given. requested The failure to instruct as

constitutes reversible error on the murder

charge.

DECISION OF OF COURT APPEALS

VACATED; DISTRICT COURT JUDG-

MENT REVERSED AND REMANDED.

adjudicated to in be children need of assist- grounds this ance. for action were inadequate care, shelter and medical un- living conditions and playing, safe for and inadequate supervision. The children were physical care, in their subject left mother’s supervision Department by to the of Hu- However, in September man Services. of 1986 the children were the removed from home mother's an due basis neglect inadequate supervision. placed children in were foster care they where still remain.

In December 1987 the the State filed petition present to terminate the parental six chil- to all juvenile dren. After court parental rights. terminated the mother’s juvenile court relied on Code Iowa 232.116(l)(e) (Supp.1987). has from appealed mother the termination order, challenging sufficiency of the Sidney, Des establish that children can- Craig of & Shannon Grefe eventually custody. Moines, not be returned appellee mother and Our to ter S. Miller, Kathrine Atty. parent-child relationship minate a is de Ray Miller-Todd, Atty. R.App.P. novo. 4. We review the State. Blase, Atty., appellee Asst. Co. adjudicate facts as well the law and Capps, R. of Comito & Watkins Kendall parents’ anew. In Interest of litem, Moines, chil- guardian ad for the Des 743, Dameron, (Iowa 1981). 306 745 N.W.2d However, weight is to be the find accorded court, juvenile ings especially of the by considering credibility the witnesses. Id.

DONIELSON, Judge. of this Central to a determination children, ap- the mother of six interests child. nature are best peals court termi- juvenile from order Long Long, 255 N.W.2d 143 challenges parental rights. nating her She long range as We look to the child’s sufficiency of the evidence to establish interests. Hence we immediate re- eventually the children cannot be that likely what future holds for consider custody. to her turned to his or her the child returned boy, This case six one involves children: Dameron, Insight 306 N.W.2d at 745. 1983; in five bom December gained can be from evi this determination D.C., February 1979, in girls, bom in J.L.C. parent’s past performance dence of the be September September A.C. performance may indicative cause that be J.M.C. in and M.C. Feb- quality future care that It all ruary appears the children providing. capable of he no played have the same father but has role in the children’s lives for several recognizes a Although this court years. integrity in the parental interest unit, family interest is not absolute but living with their moth- this parental certain they in December 1985 when be forfeited er Wall, duct. In Interest 295 N.W.2d investigated. received and One child duty The State has the burned her foot with an iron. The parens patriae youngest every puncture to assure that had a child bruise and a proper eye. singed wound on her left within its receives care and Another borders hair lighter. the State while with a treatment and intercede responsibility. abdicate August was in of 1986. Dameron, N.W.2d at reports Six unfounded child abuse *3 had been hearing. filed since the last One substanti- pre The termination statutes are report being ated was based on T.C. locked Id. ventative remedial. house, out of play unsupervised. left to provisions prevent prob mandate action to was on October require able harm to a child and do not after removal. All the chil- delay until after harm has occurred. dren, except youngest, reported rights The mother’s were terminat outside, unattended, day. most of the pursuant ed to Iowa Code section 232.- street, children were often in the some- 116(l)(e). par The court terminate a laying times even down. One car had to ent’s with to a child when all stop hitting age to avoid two. T.C. following are found to have oc (age three) and J.M.C. followed the mail- curred: man away a block and a half from home. adjudicated The child has been girls Three of the pop had been seen with child in pursuant need of assistance vaginas. bottles in their D.C. and J.L.C. section 232.96. seen pants with their down in the (2) The custody of the child has been park. The children were mooning observed transferred from parents the child’s using addition, cars and profanity. In placement pursuant to section 232.102 glasses three of the children have did but eighteen at least twelve of the last not wear them required at all times. De- months. spite this, all of the mother maintained convincing There is clear and evi- supervision problem. there was no dence that the child cannot be returned Even after removal supervised custody to the child’s visits, the mother was reluctant to disci- provided in section 232.102. pline her children and dangerous allowed 232.116(l)(e) Iowa Code (Supp.1987). § activities to continue. D.M.C. has not only being challenged element is the made an effort to teach the children rules clear convincing safety evidence that the child of such as not in the street cannot custody be returned to the wearing or shoes when near bro- child’s argues glass. ken Probable harm is a conse- doing the mother is quence the best as could be of D.M.C.’s reasonably failure to expected for someone supervise with six children so her children. we feel However, in age. close we find that the parental rights termination of her is in the children have suffered or imminently long range are best interests of the children. likely to suffer harmful effects as a result appreciate danger D.M.C. fails to of the mother's failure to exercise a reason- allowing her children to run free without supervising able of care in the chil- supervision. provided She has been with 232.2(6)(c)(2). Iowa Code § improve parenting several services to her 3, 1985, skills,

Between December when the but none of the services have been adjudicated children were first in need of effective. D.M.C. did not utilize the court- assistance, therapy County ordered at Polk Mental place, facility. termination took psychological the Health Her evalua- hearings court held review to monitor the tion concluded that tendency she has a progress parenting skills. problems. dismiss or not to deal with Con- 6, 1986, As of the March sequently, hope we see little im- three provement. new child abuse referrals had been termination recognizes that enough passed time has occur take care of the still cannot T.D.C., 336 N.W. Interest In 2d endlessly suffer not be forced

should Long v. of foster care. limbo

parentless

Long, 255 N.W.2d supports ter- convincing evidence

Clear respect to D.M.C.’s

mination of Therefore, the decision six children.

these is affirmed. district court

AFFIRMED. *4 C.J.,

OXBERGER, concurs.

SACKETT, J., specially concurs. concurring). Judge (specially only.

I in the result concur Iowa, Plaintiff-Appellee,

STATE Rogers, Acting Appellate Raymond Chief Whalen, Ap- F. Asst. Defender and James BARTNICK, Michael A. Defender, defendant-appellant. pellate Defendant-Appellant. Miller, Atty. Christie J. Thoman, Attys. Scase, N. Charles Appeals of Iowa. Gustafson, Crawford and Thomas plaintiff-appellee. County Atty., for SCHLEGEL, OXBERGER, Judge. Chief Bartnick, defendant, appeals Michael convicted he was jury from his trial where first-degree murder counts of two shootings of the wife fatal role in the his Magistrate Arlo Schoen- daughter inOak near Charter feld at a farmhouse that the trial Bamick contends June first, admitting an exhibit court erred: probative; prejudicial than more that was second, ordering that the defendant positioned trial be shackled scope of of him. Our guard each side