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In re of A.W.E.M.

Court of Appeal of Iowa

September 18, 2013

IN THE INTEREST OF A.W.E.M. AND A.N.M., Minor Children,
v.
L.M.B., Appellant, Mother.

Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, District Associate Judge.

The mother appeals from the juvenile court's termination of her parental rights pursuant to Iowa Code sections 232.116(1)(e), (h), (i), and (l) (2013).

Roberta J. Megel of the State Public Defender Office, Council Bluffs, for appellant mother.

Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Matthew Wilbur, County Attorney, and Eric Strovers, Assistant County Attorney, for appellee State.

Michael Hooper, Council Bluffs, for father.

Phil Caniglia, Council Bluffs, attorney and guardian ad litem for minor children.

Considered by Vogel, P.J., and Danilson and Tabor, JJ.

VOGEL, P.J.

This appeal concerns the termination of the mother's parental rights to her two young children, A.W.E.M. and A.N.M., born 2012 and 2010, respectively. The children were first removed from the home on August 14, 2012, due to an unsafe, filthy, and hazardous home environment. The children were placed in foster care. Before the children could return home the parents were informed they must improve their housing and participate in mental health evaluations, as well as other family safety, risk and permanency (FSRP) services. The juvenile court adjudicated A.W.E.M. and A.N.M. children in need of assistance (CINA) on October 4, 2012, pursuant to Iowa Code sections 232.2(6)(b) and (c)(2) (2013), based on the unsanitary and unsafe conditions of the home.

On November 1, 2012, the juvenile court conducted a CINA dispositional hearing, with a review hearing on January 11, 2013. It found the mother had completed a psychological evaluation, in which she was diagnosed with schizoaffective disorder, ADHD, cannabis dependency, and personality disorder NOS (narcissistic, histrionic, dependent, and paranoid). The psychologist recommended the mother participate in ongoing therapy. Prior to the January review hearing the mother was also required to submit to four drug tests, two of which were positive for marijuana, one of which was negative but dilute, and the other was a no-show.

Additionally, the mother moved into a new home, which she was able to keep clean. She also attended supervised visits with the children regularly and behaved in an appropriate manner. The court found the goal was still reunification, to be achieved by August 2013, though this was contingent upon the parents following through with treatment recommendations, providing negative drug screens, and maintaining a clean home.

Citing a lack of compliance with services offered, a petition for termination of parental rights as to both parents was filed. The termination hearing was held on June 14, 2013. At the termination hearing, the mother testified she smokes marijuana, but that it does not affect her parenting. Between January 7 and May 30, 2013, ten drug tests were ordered, with the mother testing positive seven times and negative but dilute twice. She reported she did not show up for testing on May 30, though records show a positive test. The juvenile court deemed the mother's testimony that she had been addressing her substance abuse and mental health issues not credible, particularly given there was no record or testimony from doctors or professionals that she was actually attending treatment. Rather, each professional contacted stated the mother had not been attending treatment, or they at least had not seen her since 2011.[1] Furthermore, there was no record of her completing substance abuse treatment.

The court also heard testimony from the FSRP provider, who stated the mother and father's abusive relationship was a barrier to reunification, considering they cannot communicate appropriately, even during supervised visits. The provider reported A.W.M. becomes very upset when she observes her parents engage in this behavior. The provider's supervisor testified as well, recommending termination of parental rights because of the mother's mental health concerns, substance abuse, and inability to separate herself from her abusive partner. By order dated July 3, 2013, the juvenile court terminated the mother's parental rights pursuant to Iowa Code sections 232.116(1)(e), (h), (i), and (l).[2]

The mother now appeals, claiming the State did not prove by clear and convincing evidence any of the statutory grounds for termination. She asserts she has been compliant with all services, she has stopped using marijuana, kept her home clean, and is seeking ...


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