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 E.M.

Court of Appeals of Iowa

January 9, 2020

IN THE INTEREST OF E.M., Minor Child, A.M., Mother, Appellant, I.M., Grandfather, Appellant.

          Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.

         A mother appeals the termination of her parental rights to her nine-year-old daughter; the girl's grandfather/custodian appeals the denial of a guardianship.

          Joseph G. Martin, Cedar Falls, for appellant mother.

          Mark A. Milder of Mark Milder Law Firm, Denver, for appellant grandfather.

          Thomas J. Miller, Attorney General, and Ellen Ramsey-Kacena, Assistant Attorney General, for appellee State.

          Tammy Banning, Waterloo, attorney and guardian ad litem for minor child.

          Considered by Doyle, P.J., and Tabor and Schumacher, JJ.

          Tabor, Judge.

         We are concerned here with the future of nine-year-old E.M. Worries about her troubling behaviors and tenuous health led to her removal from home. She has been in family foster care since May 2018. In October 2019, the juvenile court issued an order terminating the rights of her mother, Azra. In that same order, the court refused to create a guardianship with E.M.'s grandfather, Izet.[1]

         Both Azra and Izet appeal that order, urging a deferral of permanency for E.M. and guardianship over termination.[2] After independently reviewing the record, we reach the same conclusion as the juvenile court-termination of parental rights offered E.M. the best chance at a healthy and nurturing childhood.[3]

         I. Facts and Prior Proceedings

         In the spring of 2018, E.M.'s father-who lives in Bosnia-discovered what he believed to be a compromising photograph of his eight-year-old daughter posted on her grandfather's Facebook page. The father contacted Izet. The grandfather told investigators E.M. used his phone to access the internet and post the photograph when he was not paying attention. Izet testified "that was my big error."

         But that was not his only error, according to the Iowa Department of Human Services (DHS). Even after the DHS admonished the grandfather and mother to monitor E.M.'s access to the internet, they failed to do so. The DHS discovered pornography available to the child through the grandfather's phone.

         About a month later, the juvenile court ordered E.M. removed from Izet's care after she revealed that he touched "her breasts and privates" while helping her shower. The DHS also learned E.M. had been engaging in sexually inappropriate behavior at school. E.M. told social workers she could not live with her mother, Azra, because "her mother hits her and her mother's boyfriend hits her mother." Azra also had a history of substance abuse. In 2016, the DHS found Azra and her paramour responsible for denying critical care to E.M.'s sibling based on their ...


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.