No. 5-540 / 05-0664Court of Appeals of Iowa.
Filed August 31, 2005
Appeal from the Iowa District Court for Monroe County, William S. Owens, Associate Juvenile Judge.
L.P. Sr. and H.B. appeal from the termination of their parental rights. AFFIRMED.
C.B., Downing, pro se.
Jonathan Willier, Centerville, for appellant father.
Debra George, Centerville, for appellant mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, and Steve Goodlow, County Attorney, for appellee-State.
Mary Krafka of Krafka Law Office, Ottumwa, for minor child.
Considered by Sackett, C.J., and Huitink and Vaitheswaran, JJ.
HUITINK, J.
I. Background Facts Proceedings
Lance Sr. and Heather are the parents of Lance Jr., born June 2002. The Iowa Department of Human Services (DHS) became involved with the aforementioned parties in June 2003 following a report that Lance Sr. and Heather were using marijuana in the presence of Lance Jr., and exposing Lance Jr. to other inappropriate activities and persons. Moreover, concerns were raised regarding Heather’s mental health, domestic violence in the home, and Lance Sr.’s anger issues.
On December 8, 2003, Lance Jr. was adjudicated a child in need of assistance (CINA) pursuant to Iowa Code sections 232.2(6)(c)(2) (2003) (child is likely to suffer harm due to parents’ failure to supervise) and (n) (parents’ mental capacities or conditions result in child not receiving adequate care). The court ordered Lance Sr. and Heather to participate in family centered services, psychosocial assessments, and substance abuse evaluations and treatment. Heather was further ordered to participate in psychiatric assessment and treatment. Legal custody of Lance Jr. remained with Heather, with Lance Sr. restricted to supervised visits. DHS later applied for and received an ex parte removal of Lance Jr. in April 2004 after Heather failed to appear at a dispositional hearing. Lance Jr. has remained in foster care since that time.
Following Lance Jr.’s removal, Heather’s mental issues became more severe, and her relationship with Lance Jr. became increasingly strained. Heather was committed for inpatient evaluation and diagnosed with paranoid schizophrenia. After exhibiting further delusions, Heather was committed again and has remained in psychiatric care since September 2004.
Lance Sr.’s interactions with Lance Jr. have been sporadic at best. When DHS became involved in June 2003, Lance Sr. was living in New Jersey and did not return to Iowa until September 2003. DHS reported that Lance Sr. had difficulty carrying out basic parenting tasks during visitations, and he further failed to complete his recommended substance abuse or anger management programs. Lance Sr. missed many scheduled visits with Lance Jr. as he moved from town to town in Iowa, and eventually Lance Sr. moved back to New Jersey in August 2004. From August to October 2004, when Lance Sr. returned to Iowa, he further failed to take advantage of DHS’s attempt to set up telephone calls with Lance Jr.
On October 15, 2004, the State filed a petition seeking termination of Lance Sr.’s and Heather’s parental rights. The juvenile court granted the termination “pursuant to Iowa Code section 232.116(1)(h) as to both parents, and 232.116(1)(k) as to mother only.” L.P. Sr. and H.B. appeal.[1]
II. Standard of Review
The scope of review in termination cases is de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). The grounds for termination must be proven by clear and convincing evidence. In re T.B., 604 N.W.2d 660, 661 (Iowa 2000).
III. Reasonable Efforts
Both Lance Sr. and Heather claim the State did not engage in reasonable efforts, tailored to their special needs, to reunite them with Lance Jr. Prior to termination of parental rights, the State has the obligation to offer reasonable services to preserve the family unit. In re H.L.B.R., 567 N.W.2d 675, 679
(Iowa Ct.App. 1997). The parents, however, have the responsibility to challenge or object to the services provided prior to the termination hearing. In re M.B., 595 N.W.2d 815, 818
(Iowa Ct.App. 1999). “We recognize a parent suffering from mental illness suffers a disability and may need special accommodations. This issue too, should be raised at the removal or review hearing. It is too late to challenge the service plan at the termination hearing.” In re L.M.W., 518 N.W.2d 804, 807 (Iowa 1994). Because neither Lance Sr. nor Heather challenged the services provided, or requested additional services before the termination hearing, we find they have waived the issue on appeal.
Even if we were to conclude this issue was preserved, we agree with the juvenile court’s findings, and adopt them as our own that Lance Sr. and Heather were provided reasonable efforts to aid in Lance Jr.’s safe return. The juvenile court held:
In an effort to attempt to reunify Lance, Jr. with a parent the department offered the family extensive services including family centered services, parent skill development services, skill development services, psychiatric evaluations, and supervision services for visits. All of these services were expressly designed to make it possible for Lance, Jr. to be returned to parental care. In addition, the services provided were expressly tailored by the providers to the specific needs of Lance, Sr. and Heather. Despite nearly twenty months of services to the family the same problems exist now as when the case initiated.
IV. Sufficiency of the Evidence
Heather individually contends the State failed to present sufficient evidence to warrant termination of her parental rights under either Iowa Code section 232.116(1)(h) or 232.116(1)(k). Heather requests the State provide “short-term foster care placement, a long-term foster care placement or guardianship.”
When the juvenile court terminates parental rights on more than one statutory ground, we need only find grounds to terminate under one of the sections cited by the juvenile court to affirm In re S.R., 600 N.W.2d 63, 64 (Iowa Ct.App. 1999). According to Iowa Code section 232.116(1)(k), the State must establish the child has been adjudicated a “child in need of assistance” and has been removed from the parent’s custody; the parent has been repeatedly institutionalized for a chronic mental illness and presents a danger to herself or others; and there is clear and convincing evidence that the child will not be able to be returned to the parent’s custody within a reasonable period of time. Heather argues her parental rights need not be terminated because she was under a mental health commitment at the time of termination. See Iowa Code § 232.116(3)(e) (“The court need not terminate the relationship between the parent and child if the court finds . . . [t]he absence of a parent is due to the parent’s admission or commitment to any . . . health facility”). Because the words “need not terminate” are permissive, “it is within the sound discretion of the court, based upon the unique circumstances before it and the best interests of the child, whether to apply section 232.116(3)(e) to save the parent-child relationship.” In re C.L.H., 500 N.W.2d 449, 454 (Iowa Ct.App. 1993).
In reaching its findings, the juvenile court stated:
The record shows that Heather has undergone a psychiatric assessment with diagnosis of possible history of schizophrenia diagnosis, possible history of oppositional defiant disorder, and possible history of mental changes secondary to head trauma. Following a mental commitment in May 2004 Heather was diagnosed with Paranoid Schizophrenia, and was placed on outpatient commitment status. Heather violated her outpatient status in September 2004 and she was again placed on inpatient status. Heather was released in mid-October 2004 and committed . . . [to] a residential care facility for adults.
While this case has been pending Heather has made what could only be described as bizarre statements. She has previously referred to herself as “Heather Heavenly Arnold” and that she was born in France. She has indicated that she had a movie called “Blue Ribbon” written about her life, and that the plot of this movie involved terrorists burning babies in their homes. Heather has indicated that the terrorists are after her because she is the “Princess of Heaven.” She has also claimed that she is the wife of Jesus, and had written forty-five pages of the Bible.
Prior to her commitment in May Heather telephoned the Monroe County Law Enforcement Center and claimed that [the guardian ad litem] had called Iraq asking them to kill Heather. Heather also stated her child was murdered in her house, and that the department of human services was burning babies. Heather also claimed to be authoring a book with Thomas Jefferson.
Heather has a history of mental commitments that extend beyond the year of Juvenile Court involvement with her and her family. Heather also has a history of not complying with requirements that she participate in medication management, and follow up visits with doctors or social workers. Therefore, even if she were released from her current supervised living situation, there is no evidence to suggest that she could maintain her mental health for any length of time.
Because we determine there is clear and convincing evidence in the record to show that Heather’s parental rights were properly terminated under section 232.116(1)(k), we need not address the remaining issue raised on appeal. The juvenile court’s decision is affirmed.
AFFIRMED.