From Casetext: Smarter Legal Research

In the Interest of J.I

Court of Appeals of Iowa
Feb 28, 2003
662 N.W.2d 375 (Iowa Ct. App. 2003)

Opinion

No. 3-102 / 03-0040.

Filed February 28, 2003.

Appeal from the Iowa District Court for Warren County, Richard B. Clogg, District Associate Judge.

Mother appeals from the juvenile court order terminating her parental rights under Iowa Code section 232.116(1)(l) (Supp. 2001). AFFIRMED.

Maria Ruhtenberg of Ruhtenberg Law Office, Des Moines, for appellee mother.

Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, and Kevin A. Parker, County Attorney, for appellee-State.

David Backstrom, Des Moines, for the minor child.

Considered by Sackett, C.J., and Zimmer and Vaitheswaran, JJ.


Rhonda, the mother of eleven-year-old Joshua, appeals a juvenile court order terminating her parental rights under Iowa Code section 232.116(1)(l) (Supp. 2001). She claims the court erred (1) in finding her substance abuse problem prevents her from having custody of her son and (2) in terminating her parental rights despite the fact Joshua objects to the termination and there is a clear bond between mother and child. We affirm.

Joshua was removed from Rhonda's custody in June 1998 following her arrest for driving while intoxicated with Joshua in the car. Joshua was placed with his maternal grandmother. Rhonda received treatment, but was arrested again for driving while intoxicated. Following treatment in the women's correctional facility, Rhonda moved in with Joshua and her mother. In November 2000 Joshua was removed from the home and placed in foster care with a family friend. In May 2001 Rhonda relapsed. She relapsed again July 2001.

In December 2001 the State petitioned to terminate Rhonda's parental rights. Following a hearing in January 2002, the juvenile court terminated her parental rights in a March 2002 order on the grounds set forth in Iowa Code section 232.116(1)(e) (2001). On appeal, we reversed the termination in July 2002 because the juvenile court violated Rhonda's due process rights by terminating on a ground not pled. In re J.I., No. 2-413/02-0507 (Iowa Ct.App. July 3, 2002).

In August 2002 the State again petitioned to terminate Rhonda's parental rights, alleging her substance abuse and neglect of Joshua. Iowa Code § 232.116(1)(k) and (l). Rhonda completed substance abuse treatment and attends AA meetings. She claims sobriety since January 2002. Joshua has a bond both with Rhonda and with his foster mother. Rhonda initially placed Joshua with his current foster mother as the two women had known each other for a number of years. Joshua has expressed a desire to return to Rhonda's care and a desire to remain with his foster mother. The foster mother intends to adopt Joshua if Rhonda's parental rights are terminated. The juvenile court found Rhonda "has a chronic substance abuse problem and presents a danger to herself or others as evidenced by prior acts." It also found Joshua could not be returned to her care within a reasonable period of time. The court terminated Rhonda's parental rights under Iowa Code section 232.116(1)(l).

The State apparently used the 2001 statutory designations although it is clear from the petition it alleged facts for the grounds of section 232.116(1)(l) (chronic substance abuse) and (m) (prior abuse or neglect). The juvenile court took the difference to be a scrivener's error.

Our review is de novo. Iowa R.App.P. 4; In re J.L.W., 570 N.W.2d 778, 780 (Iowa Ct.App. 1997). The juvenile court noted that Rhonda reports she has remained sober since January 2002 and attends AA meetings every two weeks. Rhonda, of course, remains an alcoholic. To maintain sobriety for her is a day-to-day struggle. Her history of relapses, while not necessarily a prediction of the future, does illustrate how vulnerable she is to the temptation to begin drinking again. She deserves credit for preparing a plan for Joshua to return to his foster mother if he should be in her care when she starts drinking.

Joshua is a sensitive and conflicted young man. He is more secure in the care of his foster mother, and she can provide consistency for him that Rhonda has not and cannot yet provide for him. We find clear and convincing evidence supports termination under section 232.116(1)(l).

Rhonda also claims the juvenile court should not have terminated her parental rights because Joshua objects to the termination and they have a close bond. See Iowa Code § 232.116(3)(b) and (c). The provisions of section 232.116(3) are permissive, not mandatory. In re C.L.H., 500 N.W.2d 449, 454 (Iowa Ct.App. 1993). The juvenile court has discretion, based on the circumstances of each case, whether or not to apply the factors of section 232.116(3). In re J.V., 464 N.W.2d 887, 890 (Iowa Ct.App. 1990). Joshua has both objected to termination of Rhonda's parental rights and expressed a desire to remain with his foster mother and to be adopted by her. There is a strong bond between Rhonda and Joshua. He cares about her and worries about her and feels responsible for her well being. Termination of his mother's parental rights will not erase these feelings nor will it result in his forgetting his mother. A strong bond has developed between Joshua and his foster mother. To her credit the foster mother recognizes the bond between Joshua and his mother, and nothing in the record leads us to believe she has any intention of standing in the way of Joshua continuing to know and see his mother as long as she is able to remain sober. The families live close together. The foster mother took Joshua because Rhonda asked her to take him. She wants to adopt him, and we trust that the State will recognize the bond between the foster mother and Joshua and immediately facilitate the adoption. For Joshua to lose both his mother and his foster mother would be difficult for him. We affirm the juvenile court.

AFFIRMED.


Summaries of

In the Interest of J.I

Court of Appeals of Iowa
Feb 28, 2003
662 N.W.2d 375 (Iowa Ct. App. 2003)
Case details for

In the Interest of J.I

Case Details

Full title:IN THE INTEREST OF J.I., Minor Child, R.I., Mother, Appellant

Court:Court of Appeals of Iowa

Date published: Feb 28, 2003

Citations

662 N.W.2d 375 (Iowa Ct. App. 2003)