Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re A.S.

Court of Appeals of Iowa

April 18, 2018

IN THE INTEREST OF A.S., G.S., and T.R., Minor Children, F.S., Father, Appellant, M.S., Mother, Appellant.

          Appeal from the Iowa District Court for Pottawattamie County, Gary K. Anderson, District Associate Judge.

         A mother and father separately appeal from the district court's order terminating their parental rights.

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

          J. Joseph Narmi, Council Bluffs, for appellant mother.

          Thomas J. Miller, Attorney General, and Anagha Dixit, Assistant Attorney General, for appellee State.

          Anne M. Rohling, Council Bluffs, guardian ad litem for minor children.

          Considered by Vogel, P.J., and Doyle and Bower, JJ.

          VOGEL, Presiding Judge.

         The mother and father[1] separately appeal from the district court's order terminating their parental rights to their child A.S. The mother also appeals from the district court's order terminating her parental rights to her children G.S. and T.R. Both the mother and father contend the State offered insufficient proof to terminate their parental rights under the Iowa Code, that termination was not in the children's best interests, and the State did not make reasonable efforts for reunification. Because A.S.'s father's failed to address his substance-abuse issues and because the mother did not address her substance-abuse issues, the children's safety and development is served by terminating the parental rights of both the mother and father, and there are no exceptions to preclude termination, we affirm the district court's termination of the parental rights of the mother and father.

         I. Background Facts and Proceedings

         The family came to the attention of the Iowa Department of Human Services (DHS) in March 2016 after A.S. was born and tested positive for the presence of marijuana and amphetamines in his system. While still in the hospital, the mother also tested positive for amphetamines and cannabinoids. The DHS learned the mother had two additional children, G.S., born in 2012, and T.R., born in 2011, who resided with their maternal grandfather. An April 8 child-protective assessment for A.S. found abuse on the mother for the presence of illegal drugs in the child. A.S. was placed with his maternal grandfather, and G.S. and T.R. remained in the same home. The mother resided with and cared for the children under the supervision of either the children's grandfather or the mother's brother, who also lived in the home. On May 11, the mother tested positive for amphetamine and methamphetamine, and she admitted to caring for the children while under the influence of methamphetamine.

         On June 10, A.S. was adjudicated a child in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(c)(2), (n) and (o) (2016). On the same day, G.S. and T.R. were adjudicated CINA pursuant to section 232.2(6)(c)(2) and (n). Following the CINA adjudication, the mother unsuccessfully completed inpatient treatment and was discharged from an outpatient treatment facility for poor attendance. During this time, the children continued to live with their maternal grandfather. In April 2017, the mother entered another inpatient treatment facility. Beginning in May, all three children resided at the facility with the mother until her successful discharge on July 19. The mother and all three children then moved into an apartment until the mother again tested positive for methamphetamine; the children were removed from her care on August 7 and placed with a foster family where they remained during the termination hearing. The mother has not complied with services following the children's removal.

         The father participated in family team meetings and visits but did not participate in services related to his substance-abuse issues. At the termination hearing, the father admitted to using methamphetamine two weeks prior to the hearing, and he admitted he is homeless and unemployed.[2]

         The State petitioned to terminate the parental rights of the mother and father on October 6, 2017. A contested hearing was held on November 27, 2017, after which the district court terminated the mother's parental rights to all three children under Iowa Code section 232.116(1)(h), (i), and (l) (2017). The district court terminated the father's parental rights to A.S. under Iowa Code section 232.116(1)(b), (e), (h), (i), and (l). The district ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.