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.T.

Court of Appeals of Iowa

August 1, 2018

IN THE INTEREST OF A.T., Minor Child, T.T., Mother, Appellant.

          Appeal from the Iowa District Court for Woodbury County, Mary L. Timko, Associate Juvenile Judge.

         A mother appeals the termination of her parental rights. AFFIRMED.

          Joseph W. Kertels, Juvenile Law Center, Sioux City, for appellant.

          Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney General, for appellee State.

          Timothy A. Scherle, Sioux City, guardian ad litem for minor child.

          Considered by Potterfield, P.J., and Bower and McDonald, JJ.

          BOWER, JUDGE

         A mother appeals the termination of her parental rights. We find there is substantial evidence in the record to support termination of the mother's parental rights. We conclude termination of the mother's parental rights is in the child's best interests. We affirm the decision of the juvenile court.

         I. Background Facts & Proceedings

         T.T., mother, and J.H., father, are the parents of A.T., who was born in 2016.[1] T.T. has a long history of substance abuse and mental health problems. Her parental rights to two older children were terminated in 2014. The State filed a petition alleging A.T. was a child in need of assistance (CINA) on July 27, 2016, due to concerns about the mother's lack of parenting skills and mental health issues. The juvenile court adjudicated A.T. to be in need of assistance pursuant to Iowa Code section 232.2(6)(a) (father), and (c)(2) and (n) (mother) (2016).

         After a psychological evaluation, T.T was diagnosed with schizophrenia, paranoid type. Dr. Angela Stokes found the mother "lacks competency to care for herself or her infant independently" and was "not able to separate reality from fantasy and her thought processes are contaminated with paranoid delusions and hallucinations." Based on the evaluation, the State filed a motion seeking to remove the child from the mother's care. The child was removed on May 19, 2017, and placed in foster care.

         The mother was not consistent in taking medication needed for her mental health problems. When a social worker told the mother not to give the child a certain item of food because he could choke, the mother said the child "can't choke because he believes in God." She disassembled the child's crib because "it has the devil carved in it." The mother believed people were contaminating her apartment with bacteria and hacking into her computer. She did not believe there was anything wrong with her mental health.

         On January 4, 2018, the State filed a petition seeking termination of the parents' rights. Evidence presented during the termination hearing showed the mother was sporadic in attending therapy and was not consistently taking medication. The mother testified she was doing better. She stated, "[R]ight now I am not experiencing any schizophrenia and that's the truth and that's easy because it's so easy because all you have to do is stay active in your life."

         The juvenile court terminated the mother's parental rights under section 232.116(1)(g) and (h) (2018). The court found the mother's testimony disheartening. The court found her testimony differed from the facts as documented and it was not clear if she was not telling the truth or if she was unable to know the accuracy of her statements due to her mental health diagnosis. The court concluded it was in 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.