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 R.B.

Court of Appeals of Iowa

July 5, 2018

IN THE INTEREST OF R.B. and M.G., Minor Children, N.B., Mother, Appellant.

          Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.

         A mother appeals the juvenile court's termination of her parental rights.

          AFFIRMED. Laura A. Eilers of Peglow, O'Hare & See, Marshalltown, for appellant mother.

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

          Mary Cowdrey of Public Defenders Office, Marshalltown, guardian ad litem for minor children.

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

          BOWER, JUDGE.

         A mother appeals the juvenile court order terminating her parental rights. We find there is clear and convincing evidence in the record to support termination, termination is in the children's best interests, no exceptions to termination are applicable, and the Iowa Indian Child Welfare Act (ICWA) requirements have been met. We affirm the decision of the juvenile court terminating the mother's parental rights.

         I. Background Facts & Proceedings

         N.B. is the mother of R.B., born in 2005, and M.G., born in 2015. N.B. and R.B. are members of the Sac and Fox Tribe of the Mississippi of Iowa (the Tribe). M.G. is not a member of the Tribe.

         In the fall of 2016, N.B. left the children with family and friends for extended periods. The caretakers did not have insurance for or the authority to obtain medical care for the children. The Iowa Department of Human Services (DHS) removed R.B. from N.B.'s care on November 1, 2016.[1] M.G. was removed November 15. DHS placed R.B. with a maternal great-aunt who is a member of the Tribe. M.G. was placed with paternal grandparents.

         In separate hearings in December 2016, the juvenile court adjudicated R.B. and M.G. as children in need of assistance (CINA): R.B. pursuant to Iowa Code section 232.2(6)(a), (c)(2), and (e) (2016), and M.G. pursuant to section 232.2(6)(a), (c)(2), (g), and (j). N.B. did not appear at the adjudication hearing for either child. The court held dispositional hearings in January 2017, and the mother again failed to appear. The court continued the CINA adjudications and confirmed the placements. On June 1, the court entered orders continuing the respective placements of R.B. and M.G. N.B. did not attend the related hearings.

         Over the course of the juvenile court proceedings, which lasted more than a year, the mother visited with the children a total of nine times, each visit lasting approximately two hours.[2] N.B. was actively using controlled substances and had active warrants for her arrest throughout the proceedings. She has not provided financial, emotional, mental, or physical support or care for the children from the time of the removals. N.B. discussed her need for treatment with the DHS social worker and a social worker affiliated with her Tribe and completed substance-abuse evaluations, but did not pursue a placement available at an inpatient facility or any other treatment. N.B. refused drug testing requested by the DHS worker, was not in consistent or reliable contact with her social worker or the children, and never established a safe or stable place for the children to live with her.

         On December 6, the State filed a petition seeking termination of the ...


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.