Opinion
No. 5-692 / 04-0436
Filed October 12, 2005
Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.
The grandparents and mother of two children appeal from the order terminating the mother's parental rights. AFFIRMED.
Allen A. Anderson of Spayde, White Anderson, Oskaloosa, for appellant-grandparent custodians.
Stephen H. Small, Fairfield, for appellant-mother.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Mark Tremmel, County Attorney, and Karen A. Woltman, Assistant County Attorney, for appellee-State.
Samuel Erhardt of Erhardt Erhardt, Ottumwa, guardian ad litem for minor children.
Considered by Mahan, P.J., and Hecht and Vaitheswaran, JJ.
Terri is the mother of Robert, who was born in 1993, and Jonathon, who was born in 1995. Barbara and Dale are the children's maternal grandparents. The family came to the attention of the Iowa Department of Human Services (DHS) in September of 2001 following a report that another sibling, not at issue in this appeal, was born with marijuana and methamphetamine in his system. Robert and Jonathon were later adjudicated to be in need of assistance pursuant to Iowa Code sections 232.2(6)(c) and (n) (2001). The juvenile court initially allowed the children to remain in their mother's custody so long as she remained in a residential substance abuse treatment program. However, that order was modified in June of 2002, and the children were placed in the legal custody of DHS for placement in foster care.
Terri's parental rights to this child were terminated in a separate proceeding.
In October of 2003, the State filed a petition seeking to terminate Terri's parental rights to Robert and Jonathon. Following a hearing, the court granted the petition and terminated her rights under Iowa Code sections 232.116(1)(e), (f), and (g) (2003). The court also rejected Barbara and Dale's request to have the children placed with them. Terri, Barbara, and Dale appeal from this order. Their sole contention on appeal appears to be that placement with the grandparents, rather than termination, was appropriate.
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).
Our de novo review of the record leads us to agree with the juvenile court's conclusion that placement of the children with their grandparents was an inappropriate option and that termination was indeed in the best interests of Robert and Jonathon. Clear and convincing evidence supports the juvenile court's concerns that Robert and Jonathon would be ill-served, and likely subject to further adjudicatory harm, if placed in the care of Barbara and Dale.
In determining Robert's and Jonathon's best interests we must consider what the future likely holds if they are placed in the care of their grandparents. See In re J.W.D., 458 N.W.2d 8, 10 (Iowa Ct.App. 1990). "Insight for that determination is to be gained from evidence of the [grand]parents' past performance for that performance may be indicative of the quality of future care the parents are capable of providing." In re A.J., 553 N.W.2d 909, 913 (Iowa Ct.App. 1996).
Here, Barbara and Dale are the parents of four adult children who have experienced a significant history of drug abuse. One of those children is in prison on a drug-related conviction. In addition, Barbara and Dale once opened up their home to another grandchild for several months. After a series of problems in that placement, that grandchild was removed and placed in a juvenile home. Furthermore, concerns about Barbara's anger management were aired at the termination hearing. A psychiatric assessment of Barbara confirmed this concern. In the assessment, Barbara admitted her anger issues, and she was diagnosed with "adjustment disorder with disturbance of conduct and emotion and history of possible anxiety disorder, unclear." Social worker Jane Burkhalter opined that placement with their maternal grandparents would not be in the best interests of Robert and Jonathon. She described Barbara as "liv[ing] her life as an angry person," and noted that the grandchild who was placed with them described her grandmother as "angry all the time." Accordingly, we find clear and convincing evidence dictates that the best interests of Robert and Jonathon preclude their placement with Barbara and Dale. We affirm the termination of Terri's parental rights.