Opinion
No. 3-773 / 03-1400
Filed October 15, 2003
Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.
Appellants appeal from the juvenile court's order that modified the dispositional order. AFFIRMED.
Allen A. Anderson of Spayde, White Anderson, Oskaloosa, for appellants.
Kenneth Ketterhagen, Fairfield, for appellee-mother.
Thomas J. Miller, Attorney General, Bruce Kempke, Assistant Attorney General, and Mark Tremmel, County Attorney, for appellee-State.
Samuel Erhardt, Ottumwa, guardian ad litem for minor child.
Considered by Sackett, C.J., and Miller and Hecht, JJ.
Appellants Dale and Barbara, grandparents of Cassie, appeal from the juvenile court's order that modified the dispositional order by removing Cassie from their care and placing her in the Iowa Juvenile Home. They contend the State did not prove a substantial change in circumstances. We affirm.
Cassie, born July 29, 1991, was adjudicated a child in need of assistance in October 2001 under Iowa Code section 232.2(6)(c)(2) and (6)(m) (2001), but left in her mother's care provided the mother remained at Amethyst House and continued substance abuse treatment. Cassie was placed in foster care in June 2002 after her mother tested positive for drug use. In April 2003, following various foster and shelter placements, Cassie was placed with her maternal grandparents. In July, the State moved to modify Cassie's placement to move her to the juvenile home. Following a hearing, the court found a substantial change in circumstances warranted modifying Cassie's placement, the least restrictive placement was in the juvenile home, and such placement was in Cassie's best interest.
Cassie's two siblings and three half-siblings also were removed from their mother's care. Their placement is not at issue in this appeal.
Cassie is a troubled child. She was diagnosed with Oppositional Defiant Disorder in November 2002. While in shelter placement, her behavior was so unmanageable that she had to be placed in a room by herself. During the 2002-03 school year, Cassie's behavior resulted in numerous suspensions and securing a one-on-one aide to be with her.
The March 2003 case permanency plan noted Cassie's behaviors made successful non-relative placement impossible. Cassie stated her desire was to live with her grandparents. The court placed her with them on April 4. That same day Cassie received an in-school suspension. She was suspended again on April 9 and 14. On April 14 she was charged with disorderly conduct, interference with official acts, and assault on a police officer. On May 7 her juvenile court officer (JCO) placed her on six months probation. On May 19 Cassie again was charged with disorderly conduct and sentenced to five hours of community service. In late May Cassie was suspended for a week for spitting on two students, threatening younger students, and refusing to follow instructions. Cassie also called her former foster family and asked them to adopt her. She disobeys her grandparents, leaves without their permission, and associates with an undesirable group of friends, even after being told by police to stay away from them. The police had to be called when Cassie refused to come home from a friend's house that her JCO called "a high risk house for any child to be at." An older cousin moved in with the grandparents and Cassie in their two-bedroom home. She and Cassie have had physical altercations. The grandparents remain determined that Cassie will succeed and remain in their home.
From our de novo review of the record, we find clear and convincing evidence of a substantial change in circumstances warranting modification of Cassie's placement to a more restrictive setting. We affirm the juvenile court.