Opinion
No. 4-335 / 04-0511.
June 9, 2004.
Appeal from the Iowa District Court for Dubuque County, Jane C. Mylrea, Associate Juvenile Judge.
A grandmother appeals the placement of her granddaughter following the termination of parental rights. AFFIRMED.
Timothy G. Goen of the Law Offices of Timothy G. Goen, Dubuque, for appellant.
Thomas Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Fred H. McCaw, County Attorney, and Jean Becker, Assistant County Attorney, for appellee-State.
Kimberly Roddick, Dubuque, guardian ad litem for minor child.
Considered by Vogel, P.J., and Hecht and Vaitheswaran, JJ.
A grandmother appeals the placement of her granddaughter following the termination of parental rights. We affirm. I. Background Facts and Proceedings.
We note that the intervenors/foster parents' untimely response to the grandmother's petition on appeal was not considered by this court in this appeal.
Morryah was born on October 1, 2002. In February 2003, she was removed from the care of her parents, Kristen and Christian, after she was hospitalized with a skull fracture and subdural hematoma after being severely shaken by her father. As a result, Morryah is disabled and developmentally delayed. Morryah was placed in the care of Christian's sister, Deb, and her husband, Gary. In July 2003, Morryah's maternal grandmother, Roice, moved to intervene and requested Morryah be placed in her care. The juvenile court ordered a home study of Roice. For reasons not clear in the record, the Department of Human Services (DHS) never completed the home study, but Roice herself eventually commissioned a home study by Catholic Charities.
The State filed a petition to terminate the parental rights of Kristen and Christian on November 11, 2003. In December, Morryah was moved into the care of Deb's cousin, Tracy, and her husband, Todd. The termination hearing was held in February 2004, and in March, the juvenile court terminated the parental rights of Christian and Kristen. At the same time, the juvenile court determined that Morryah should remain placed with Tracy and Todd for possible future adoption. The juvenile court denied Roice's request to have Morryah placed with her. Roice appeals.
II. Standard of Review.
We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). Our primary concern is the best interests of the children. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
III. Discussion.
Roice contends Morryah should have been placed with her for several reasons. Roice won $19.6 million in the lottery in the early 1990's, and she asserts that she would use her substantial financial resources to secure the best medical care available for Morryah. She further argues that her training as a nurse will allow her to provide superior care to Morryah in the home. She also claims that Todd and Tracy are unfit to parent Morryah because Tracy suffers from a seizure disorder, because Tracy is related to Morryah's father, and because they will rely on State funding to pay for Morryah's medical care.
After our de novo review of the record, we conclude, as did the juvenile court, that it is in Morryah's best interests to be placed with Todd and Tracy, not with Roice. The juvenile court thoughtfully considered each of the arguments made by Roice and determined that placement of a special needs child with Roice was unadvisable.
Certainly Roice has substantial resources at her disposal and is capable of paying, out of pocket, for Morryah's medical care. However, Roice testified that she would ensure Morryah received the best medical treatment available only if Morryah were placed with her. This assertion causes us to question Roice's level of commitment and concern for her granddaughter's well-being. Additionally, while Roice's training as a nurse could benefit Morryah, in the past Roice has used her training to second-guess Morryah's doctors and engage in treatment against their advice.
Roice has a long history of erratic behavior and hospitalizations due to her bipolar disorder. She has a poor record of parenting her own children. The DHS personnel involved in Morryah's case do not recommend Roice for placement because of Roice's disregard for the doctors' instructions, her belligerent and hostile interactions with DHS workers and Morryah's caretakers, and her sporadic follow through with visitation with Morryah. Roice argues that both the Catholic Charities' home study and statements by her treating psychiatrist demonstrate she would be a suitable placement. Although both indicate Roice would be able to care for a child, neither strongly affirmed Roice's ability to provide a stable and nurturing home for a special needs child. The home study acknowledges that Roice has significant anger management issues which have not been addressed in the past, and Roice admits that she is hostile and abusive when she's upset.
While Roice has pointed out Todd and Tracy's shortcomings, the record indicates they have taken appropriate steps to remedy them. They have established safety plans in the event Tracy has a seizure while caring for Morryah. We do not conclude their lack of extraordinary financial resources renders them incapable of providing a nurturing, safe, and stable home for Morryah. They have appropriately cared for Morryah since December 2003. We also do not conclude that their relation to Christian will cause them to endanger Morryah by allowing unsupervised visitation with her father. Todd testified that they would not let Christian see Morryah if they felt it was not in her best interests.
In conclusion, we think the juvenile court carefully considered all of the arguments presented by Roice. We have also considered them and find clear and convincing evidence supporting the juvenile court's conclusion that it is in Morryah's best interests to be placed with Tracy and Todd. Accordingly, we affirm.