In re J.C.
| Decision Date | 26 June 2013 |
| Docket Number | No. 3-536 / 13-0597,3-536 / 13-0597 |
| Parties | IN THE INTEREST OF J.C. and B.B., Minor Children, J.B., Mother, Appellant. |
| Court | Iowa Court of Appeals |
Appeal from the Iowa District Court for Cerro Gordo County, Annette Boehlje, District Associate Judge.
A mother appeals the juvenile court's disposition and removal order.
AFFIRMED.
Travis M. Armbrust of Brown, Kinsey, Funkhouser & Lander, P.L.C., Mason City, for appellant.
Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, Carlyle D. Dalen, County Attorney, and Nichole Benes, Assistant County Attorney, for appellee.
Marilyn Dettmer, Charles City, for father of B.B.
Mark Young and Crystal Ely, Mason City, attorneys and guardians ad litem for minor children.
Considered by Eisenhauer, C.J., and Potterfield and Tabor, JJ.
A mother acknowledging use of methamphetamine appeals the juvenile court's order confirming her two daughters as children in need of assistance (CINA). She contends the State failed to justify the CINA adjudications and to show removal of six-year-old B.B. from her home was necessary for the child's safety. Because the mother has not yet committed to the Department of Human Services (DHS) plan for drug testing and treatment, we affirm the CINA adjudications and the juvenile court's dispositional findings.
Joleen is the mother of two children: J.C., born in April 1997, and B.B., born in August 2006. The whereabouts of J.C.'s father Dimitri are unknown.1 B.B.'s father John had arranged with Joleen to share custody of B.B. before these proceedings.
The DHS opened this CINA case after receiving a report Joleen used methamphetamine while B.B. was in her care. On November 30, 2012 the social worker met with B.B. and J.C. Neither child noted any problems at home, except for J.C.'s concern about household financial struggles. The worker also met with Joleen at her home. During the visit Joleen asserted she had been sober since 2010. Joleen confirmed she would be serving a ten-day sentence for theft and J.C. and B.B. would stay with relatives. The next day Joleen reported to jail a day late and lost her work release privileges.
On December 5, 2012, the social worker met with Joleen in jail to discuss the drug test Joleen would be administered. Joleen was very emotional during the visit. Joleen eventually shared that she had been using methamphetamine twice a month for the past few months. On December 10, 2012, Joleen's hair sample tested positive for methamphetamine.
The social worker met with Joleen at her home after Joleen was released from jail. Joleen admitted relapsing in April 2012 and recently increasing her methamphetamine use up to three times per week. But Joleen told the social worker she did not view using methamphetamines as a negative in her life because it enables "her to stay thin and say what's on her mind." Joleen also agreed to a safety plan that included an appointment at a drug treatment center and any requested drug testing.
On January 9, 2013, the State filed a petition to declare J.C. and B.B. as CINA under Iowa Code sections 232.2(6)(b), 232.2(6)(c)(2), and 232.2(6)(n) (2013). The juvenile court held a hearing on January 31, 2013, at which the parties stipulated to adjudication of the children as CINA. Joleen agreed to participate in substance abuse treatment and provide random drug samples for testing.
On March 28, 2013, the court held a dispositional hearing. In a temporary removal order, the court found Joleen had been "dodging drug testing." Also since the prior hearing Joleen lied to her substance abuse providers about submitting to random drug testing and did not comply with treatment. Out of ten scheduled drug tests, Joleen provided two samples that tested negative, butfailed to show up for the other eight screenings. Joleen attended three substance abuse treatment sessions but arrived more than one-half hour late for two of the sessions and "appear[ed] to have minimal investment." Joleen also failed to schedule mental health services and occasionally failed to ensure B.B. arrived at school on time.
In an April 2, 2013 dispositional order, the court continued the CINA adjudication for J.C. and B.B. J.C. stayed with Joleen, and B.B. was placed with the child's father, John. The court ordered Joleen to participate in random drug testing, substance abuse treatment, and mental health treatment as well as follow all recommendations and demonstrate progress toward therapeutic goals. Joleen filed a timely appeal.
We review CINA proceedings de novo. In re K.B., 753 N.W.2d 14, 15 (Iowa 2008). We give weight to, but are not bound by, the juvenile court's factual findings. In re M.A.F., 679 N.W.2d 683, 684 (Iowa Ct. App., 2004). The primary concern for the court is the best interest of the child. In re K.N., 625 N.W.2d 731, 733 (Iowa 2001).
Joleen argues the record does not contain proof B.B. had suffered or was imminently likely to suffer harm while in her care. Iowa Code section 232.2(6)(c)(2) defines a child in need of assistance as an unmarried child "who has suffered or is imminently likely to suffer harmful effects as a result of . . . : thefailure of the child's parent . . . to exercise a reasonable degree of care in supervising the child." A parent using methamphetamine while caring for a child is known to be a significant danger and pose great harm to that child. See State v. Petithory, 702 N.W.2d 854, 858 (Iowa 2005); see also In re A.B., 815 N.W.2d 764, 776 (Iowa 2012) ().
The juvenile court summarized the grounds for removing the children from Joleen's care during the dispositional hearing: ...
To continue reading
Request your trial