In re Interest of H.W.

• Decision Date: 17 February 2021
• Docket Number: No. 20-1396,20-1396
• Citation: 961 N.W.2d 138
• Court: Iowa Court of Appeals
• Parties: In the INTEREST OF H.W., S.J., J.J., and M.J., Minor Children, D.W., Mother, Appellant.

961 N.W.2d 138

In the INTEREST OF H.W., S.J., J.J., and M.J., Minor Children,

D.W., Mother, Appellant.

No. 20-1396

Court of Appeals of Iowa.

Filed February 17, 2021

Bryan J. Tingle, Des Moines, for appellant mother.

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

Paul White of Juvenile Public Defender, Des Moines, attorney and guardian ad litem for minor children.

Considered by Mullins, P.J., and May and Schumacher, JJ.

MAY, Judge.

A mother appeals the adjudication of her children as children in need of assistance (CINA).¹ All four children—H.W., S.J., J.J., and M.J.—were adjudicated CINA pursuant to Iowa Code section 232.2(6)(c)(2) and (n) (2020). Two of the children—H.W. and S.J.—were additionally adjudicated CINA pursuant to section 232.2(6)(d). The mother appeals adjudication under paragraphs (d) and (n). We affirm.

I. Background Facts

The mother and her children came to the attention of the Iowa Department of Human Services (DHS) in May 2019 because of a domestic-violence incident. M.J.’s father, Michael,² handcuffed and beat the mother while the children were present. Michael was convicted of domestic abuse assault and child endangerment. Afterwards, the mother and all four children went to live with the children's maternal grandmother.

The mother told DHS that her prior relationships also involved incidents of domestic violence, including her relationships with H.W.’s father and with David, S.J. and J.J.’s father. The mother also told DHS that she was depressed and has been told she may have bipolar disorder

.

In July, the mother moved into a two-bedroom apartment with seven other people: the four children, Michael, David, and an unrelated adult named Frank. The record suggests Frank may have a mild intellectual disability. David and the mother told DHS that David was Frank's caretaker.

In October, DHS received information that the mother was exhibiting symptoms of substance abuse. In November, the mother tested positive for methamphetamine. She completed a substance-abuse evaluation. There was no recommendation for treatment. But concerns about the mother's methamphetamine use continued.

In April 2020, DHS received a report that S.J. was sexually assaulted by Frank. The alleged sexual assault occurred around 6:00 p.m. Law enforcement was not involved until Frank called the police around 5:00 a.m. the next morning. He called alleging "he was being kicked out of his apartment due to people accusing him of sexually assaulting their daughter." DHS asked David and the mother why they did not call the police themselves. They said they did not want Frank to get in trouble.

S.J. underwent a forensic interview. She stated that Frank repeatedly sexually abused her, her mother was aware of the abuse, and her mother had previously witnessed the abuse on several occasions. Before the interview could be completed, David left with S.J. The interview was never completed, and its transcript is not a part of our record. But the DHS worker present at the interview testified about its contents.

The children were all removed to the maternal grandmother's care, where they continue to reside. A no-contact order was issued between the mother and children. The mother and David were both arrested and charged with sexual abuse and neglect in connection with Frank's sexual abuse of S.J.

In July, the children were adjudicated CINA. In August, the children were confirmed CINA.

In September, the mother filed a motion under Iowa Rule of Civil Procedure 1.904(2). She asked the court to clarify what paragraphs of section 232.2(6) apply to each child. The court granted the motion. The court clarified that all four children were adjudicated CINA pursuant to section 232.2(6)(c)(2) and (n). In addition, H.W. and S.J. were adjudicated CINA pursuant to section 232.2(6)(d).

The mother now appeals.

II. Standard of Review

CINA proceedings are reviewed de novo. In re J.S. , 846 N.W.2d 36, 40 (Iowa 2014). "[W]e are not bound by the juvenile court's fact findings; however, we do give them weight. Our primary concern is the children's best interests." Id. (citation omitted). "In determining the best interests of the child[ren], ‘we look to the parent[’s] past performance because it may indicate the quality of care the parent is capable of providing in the future.’ " In re L.H. , 904 N.W.2d 145, 149 (Iowa 2017) (second alteration in original) (quoting In re J.E. , 723 N.W.2d 793, 798 (Iowa 2006) ). "CINA determinations must be based upon clear and convincing evidence." J.S. , 846 N.W.2d at 41. We ask whether there are "serious or substantial doubts as to the correctness [of] conclusions of law drawn from the evidence." L.H. , 904 N.W.2d at 149 (alteration in original) (quoting In re D.W. , 791 N.W.2d 703, 706 (Iowa 2010) ).

III. Analysis

CINA proceedings are governed by chapter 232. We find the meaning of chapter 232 in its words. In re C.S. , No. 19-1444, 2020 WL 1550675, at *1 (Iowa Ct. App. Apr. 1, 2020) ; see Doe v. State , 943 N.W.2d 608, 610 (Iowa 2020) (noting "in questions of statutory interpretation, ‘[w]e do not inquire what the legislature meant; we ask only what the statute means’ " and "[t]his is necessarily a textual inquiry as only the text of a piece of legislation is enacted into law" (first alteration in original) (citation omitted)).

In section 232.2, the legislature defined the term "child in need of assistance" or CINA. For a child to be adjudicated CINA, the child must be affected by one or more of the situations described in paragraphs 232.2(6)(a) through (q).³ Here, the mother appeals her children's CINA adjudications under paragraphs (d) and (n).

We begin by addressing the mother's claim that H.W. and S.J. should not have been adjudicated CINA under paragraph (d). It applies to a child "[w]ho has been, or is imminently likely to be, sexually abused by the child's parent, guardian, custodian, or other member of the household in which the child resides. " Iowa Code § 232.2(6)(d) (emphasis added). Here, the sexual abuser was Frank. The mother claims that because Frank is not related to herself, S.J., or David, Frank cannot be a "member of the household" for purposes of paragraph (d). In support, the mother cites section 236.2(4). It provides, in relevant part: "For purposes of this chapter , unless a different meaning is clearly indicated by the context: .... ‘Family or household members’ means spouses, persons cohabiting, parents, or other persons related by consanguinity or affinity." Iowa Code § 236.2(4)(a) (emphasis added).

By its own terms, though, section 236.2 only applies to chapter 236 ("this chapter"), which governs domestic abuse cases. Id. We cannot rewrite section 236.2(4) so it will also apply in CINA cases, which are governed by chapter 232. See Fishel v. Redenbaugh , 939 N.W.2d 660, 663 (Iowa Ct. App. 2019). So we cannot rely on section 236.2(4) to decide whether Frank was a "member of the household."

Instead, we must focus on chapter 232. The parties do not cite, and we have not found, any definition within chapter 232 for the term "member of the household in which the child resides."⁴ When the legislature does not define words in a statute, we generally give those words "their common, ordinary meaning in the context within which they are used." J.C. , 857 N.W.2d at 500.

In ordinary usage, the word household "can have two meanings." In re Smith , 396 B.R. 214, 216 (Bankr. W.D. Mich. 2008). "First, it may mean simply all of the persons who use a particular structure as their dwelling space." Id. ; accord id. n.7 ("[A] social unit comprised of those living together in the same dwelling place." (alteration in original) (quoting Household , Webster's Third New International Dictionary (unabr. ed. 1986))); Household , Merriam-Webster.com, https://www.merriam-webster.com/dictionary/household (last visited Feb. 15, 2021) (listing "a social unit composed of those living together in the same dwelling" as a definition of "household"); Household , Black's Law Dictionary (11th ed. 2019) (listing "[a] group of people who dwell under the same roof" as a definition of "household"). This " ‘heads on beds’ approach ... includes all the persons who occupy a housing unit," whether related or not. In re Morrison , 443 B.R. 378, 384 (Bankr. M.D. N.C. 2011) (citation omitted). However, as the mother points out, household can also be understood to "involve a familial relationship." Smith , 396 B.R. at 216. "That is, a household may mean only those persons who live together and who are also related by blood or marriage." Id. (emphasis added); accord id. n.8 ("[T]hose who dwell under the same roof and compose a family." (alteration in original) (quoting Household , Webster's Third New International Dictionary (unabr. ed. 1986))); Household , Merriam-Webster.com, https://www.merriam-webster.com/dictionary/household (last visited Feb. 15, 2021) (listing "those who dwell under the same roof and compose a family" as a definition of "household"); see also Household , Black's Law Dictionary (11th ed. 2019) (listing "[a] family living together" as a definition of "household").

Importantly, though, our job is not to consider the word "household" in isolation. See Doe , 943 N.W.2d at 610. Rather, we must consider it in the context of chapter 232, which we read "as a whole." Id. ; see also Deal v. United States , 508 U.S. 129, 132, 113 S.Ct. 1993, 124 L.Ed.2d 44 (1993) (noting it is a "fundamental principle of statutory construction (and, indeed, of language itself) that the meaning of a word cannot be determined in isolation, but must be drawn from the context in which it is used"); Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 167 (2012) ("Context is a primary determinant of meaning.").

Review of chapter 232 "as a whole" reveals that the legislature included specific directions for the chapter's interpretation. Section 232.1 states, in relevant part: "This chapter...