H.L.B.R., In Interest of, No. 96-2041

• Court: Court of Appeals of Iowa
• Writing for the Court: Considered by HABHAB; SACKETT
• Citation: 567 N.W.2d 675
• Parties: In the Interest of H.L.B.R., Minor Child. K.R., Mother, Appellant.
• Docket Number: No. 96-2041
• Decision Date: 29 May 1997

Page 675

567 N.W.2d 675 In the Interest of H.L.B.R., Minor Child.
K.R., Mother, Appellant. No. 96-2041. Court of Appeals of Iowa. May 29, 1997.

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David Nadler, Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, Diane M. Stahle, Special Assistant Attorney General, and Denver Dillard, County Attorney, for appellee State.

James Holmes, Cedar Rapids, for minor child.

Considered by HABHAB, C.J., and SACKETT and CADY, JJ.

SACKETT, Judge.

The issue in this appeal is whether the juvenile court correctly terminated the parental rights of Kathy to her fourth child, Hakeem, born June 26, 1989. The question of Hakeem's paternity is not resolved. ¹ A notice of the hearing was published. Joe appeared in the juvenile court claiming an interest in Hakeem. ² Any parental rights he may have to Hakeem have been terminated. The order also terminated the parental rights of Cyrus and Willie and any other unknown father, finding they had abandoned Hakeem. No appeal has been taken from that part of the order terminating any birth father's rights. We affirm.

Kathy, while admitting there have been some deficiencies in her care of Hakeem, contends there was not clear and convincing evidence supporting the termination. She

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advances she was not offered reasonable services to correct her problems caring for Hakeem, and biases against her in the Department of Human Services have resulted in its failure to adequately address her problems. She further contends these biases have resulted in inaccurate reporting of evidence and opinions being advanced that are not supported by the evidence and have compounded the problems. She further contends the State failed to provide reasonable and necessary services to allow her to continue her relationship with her son. She also advances even if there is evidence for the State to meet its burden, the relationship between her and her son is so strong it would be detrimental to him to terminate the relationship.

The State contends the evidence does support termination and Kathy has been offered sufficient services. It denies the bonding between Hakeem and Kathy is sufficient to negate against termination. The State contends Hakeem will be best served by termination despite there being little or no evidence of any specific plans the State has for his future.

We review de novo. In re A.Y.H., 508 N.W.2d 92, 94 (Iowa App.1993).

The State has the burden of proving the grounds for termination by clear and convincing evidence. See In re T.A.L., 505 N.W.2d 480 (Iowa 1993). A parent has the right to due process and a fair trial when the State seeks to terminate parental rights. In re R.B., 493 N.W.2d 897 (Iowa App.1992); see also Alsager v. Iowa District Court of Polk County, 406 F.Supp. 10, 22 (S.D.Iowa 1975). A parent's right to have custody of his or her child should be terminated only with the utilization of the required constitutional safeguards. See Meyer v. Nebraska, 262 U.S. 390, 399, 43 S.Ct. 625, 626, 67 L.Ed. 1042, 1045 (1923); In re T.R., 460 N.W.2d 873, 875 (Iowa App.1990). The parent-child relationship is constitutionally protected. Quilloin v. Walcott, 434 U.S. 246, 255, 98 S.Ct. 549, 554, 54 L.Ed.2d 511, 519 (1978); Wisconsin v. Yoder, 406 U.S. 205, 233, 92 S.Ct. 1526, 1542, 32 L.Ed.2d 15, 35 (1972).

The issue of whether or not to legally sever the biological ties between parent and child is an issue of grave importance with serious repercussions to the child as well as the biological parents. See R.B., 493 N.W.2d at 899. The goal of a child-in-need-of-assistance proceeding is to improve parenting skills and maintain the parent-child relationship. When the State seeks termination, it is because the State has been unable to furnish the help necessary to correct the parent's deficiencies. An underlying issue in a termination action is whether the parent is beyond help. A parent does not have an unlimited amount of time in which to correct his or her deficiencies. See In re D.J.R., 454 N.W.2d 838, 845 (Iowa 1990).

The first of Kathy's four sons ³ was born when she was sixteen. Hakeem is the youngest. Hakeem lived with Kathy for four years following his birth.

There have been a number of findings Kathy denied Hakeem critical care. A review of the record shows these findings were the result of Kathy's lack of attention to the details of raising her son rather than any actual physical abuse she delivered. Kathy has been incarcerated on forgery and theft charges and parole violations. During her incarceration, poor choices were made regarding Hakeem's caregivers. ⁴ Kathy lives in poverty and has had relationships with a number of different men. On more than one occasion, they were responsible for the treatment of Hakeem that led to State intervention.

Twice Hakeem has been found to be a child in need of assistance. The first time, in

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1990, he was found to be a child in need of assistance after he was left with a friend of his mother's. At the time, he had been in an automobile accident. Kathy was moving with a carnival. In February 1991 it was recommended Kathy have Hakeem returned to her despite the fact she had a chaotic life. It was then reported she creates her own family and she is capable of maintaining Hakeem and has several designated caregivers and does not leave him with just anyone. Furthermore, it was found Kathy cooperated with those providing assistance. The case was closed.

Shortly thereafter, Hakeem was briefly taken from his mother after she was arrested for interference with official acts and there was no custodian for him. He was returned and remained in her care until Kathy was incarcerated in June 1993. Kathy made her own provisions for Hakeem's care at that time. These care arrangements were not satisfactory. Hakeem was abused by his caregiver. Kathy made other arrangements for the child while she was in work release. The State again intervened.

In November 1994, Hakeem was again found to be a child in need of assistance. At the time, he was in a placement chosen by Kathy. Hakeem was not returned to...