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In re H.F.

Court of Appeal of Iowa

June 12, 2013

IN THE INTEREST OF H.F., H.F., and T.F., Minor Children, R.P., Father of H.F. and T.F., Appellant, J.F., Mother, Appellant.

Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.

A mother appeals from a juvenile court order terminating her parental rights to three children, challenging termination of her rights to the oldest of the three, and the father of the younger two children separately appeals from a separate juvenile court order terminating his parental rights to the younger two.

Leslie D. Lamping of Day, Meeker, Lampig, Schlegel & Salazar, Washington, for appellant-father of H.F. and T.F.

Esther Dean, Muscatine, for appellant-mother.

Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Alan Ostergren, County Attorney, and Korie L. Shippee, Assistant County Attorney, for appellee.

Gregory Johnston, Muscatine, for father of H.F.

Mark J. Neary, Muscatine, attorney and guardian ad litem for minor children.

Considered by Eisenhauer, C.J., Tabor, J., and Miller, S.J. [*]

MILLER, J.

Jessica is the mother of Hd.F., Hy.F., and T.F, ("the children"), who were six, four, and three years of age respectively at the time of a November 2012 termination of parental rights hearing. Hd.F.'s father is Dale and Russell is the father of Hy.F. and T.F.

Jessica appeals from a March 1, 2012 juvenile court order terminating her parental rights to Hd.F. The same order terminated Dale's parental rights to Hd.F., and Dale has not appealed.

Russell separately appeals from a February 27, 2012 juvenile court order terminating his parental rights to Hy.F. and T.F. The same order terminated Jessica's parental rights to those two children and she has not appealed from that order. We affirm on both appeals.

As of November 2011 Jessica and Russell were separated, and the children were living with Jessica. Both Jessica and Russell had been the subject of previous "founded" child abuse and neglect reports involving some or all of the children. Jessica had previously had her parental rights to two children terminated, and a third child of hers was in the custody of the child's father. Russell had previously had his parental rights to three children terminated.

In mid-November 2011 the Iowa Department of Human Services (DHS) began an "assessment" relating to allegations that Jessica's home was unsanitary and unsafe for the children and that the children were being exposed to inappropriate sexual materials. T.F., then just two years of age, was in a dirty diaper, shut in a bedroom, banging to get out, and Jessica was still in bed. The home contained dirty dishes and ...


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