In the Interest of B.B. and a.B. Minor Children, 00-0120

CourtCourt of Appeals of Iowa
PartiesNOTICE! No decision has been made on publication of this opinion. The opinion is subject to modification or correction by the court and is not final until the time for rehearing or further review has passed. An unpublished opinion of the court of appeals MAY NOT BE CITED by a court or by a party in any other action. The official published opinions of the Iowa Court of Appeals are those published in the North Western Reporter published by West Group. IN THE INTEREST OF B.B. and A.B. MINOR CHILDREN L.H., MOTHER, Appellant./ 00-0120 IN THE COURT OF APPEALS OF IOWA Filed
Decision Date27 September 2000
Docket Number00-0120

NOTICE! No decision has been made on publication of this opinion. The opinion is subject to modification or correction by the court and is not final until the time for rehearing or further review has passed. An unpublished opinion of the court of appeals MAY NOT BE CITED by a court or by a party in any other action. The official published opinions of the Iowa Court of Appeals are those published in the North Western Reporter published by West Group
IN THE INTEREST OF B.B. and A.B. MINOR CHILDREN L.H., MOTHER, Appellant.

No. 0-294 / 00-0120

IN THE COURT OF APPEALS OF IOWA

Filed September 27, 2000

Appeal from the Iowa Juvenile Court for Sioux County, Brian L. Michaelson, judge.

Mother appeals the termination of her parental rights to her daughters.

AFFIRMED.

James H. Pickner, Hawarden, for appellant.

Thomas J. Miller, Attorney General, Janet L. Hoffman, Assistant Attorney General, and Mark Schouten, County Attorney for appellee-State

Patricia Vogel, Orange City, guardian ad litem for the minor children.

Considered by Vogel, P.J., and Hecht, J., and Honsell, S.J.*

Senior judge assigned by order pursuant to Iowa Code Section 602.9206 (1999).

HONSELL, S.J

L.H. was arrested and incarcerated on September 30, 1997 concerning a controlled substance charge. Following her arrest and incarceration, L.H. voluntarily placed her children, B.B. who was born on April 5, 1990, and A.B. who was born on May 24, 1996, in foster care.

On November 14, 1997 a CINA petition was filed. The premise for filing the petition was Iowa code section 232.6(n), which states: "Child in need of assistance" means an unmarried child whose parent's or guardian's mental capacity or condition, imprisonment, or drug or alcohol abuse results in the child not receiving adequate care. Because she was still incarcerated L.H. was not present at the adjudicatory hearing held on December 8, 1997, but was represented by court appointed counsel at the hearing. L.H's attorney on her behalf, together with all the other interested parties stipulated that B.B. and A.B were children in need of assistance as contemplated by Iowa code section 232.6(n). The most significant fact giving rise to the resulting adjudication was L.H.'s incarceration. All parties agreed the children remain in foster care pending the disposition hearing. The adjudication order also provided so long as L.H. remained in the county jail there would be no parent-child visitation, however, there could be continued contact by letter, and as soon as she was released from jail supervised visitations were to commence.

Prior to the disposition hearing on March 30, 1998 L.H. pled guilty to a class D felony crime involving a controlled substance. She received a five-year suspended sentence and was placed on probation. One of the terms of probation was that she successfully complete inpatient treatment and a program provided at a halfway house. In the disposition order the court stated:

"The Court, while accepting the terms and conditions of the proposed case plan, did personally address [L.H.] and advised her that in the event she failed to comply with the terms of the case plan, that the Court would be directing the State of Iowa to initiate termination of parental rights proceedings."

The court in its factual determinations in part found L.H. "did not have a stable life as she was growing up, and this has continued into her own adult life with her own family," the children have thrived in their foster care home, and L.H.'s first face-to-face visitation had taken place on March 8, 1998. The court ordered the parties to comply with the terms of the case permanency plan, the children remain in foster care, and L.H. comply with the recommendations set forth in her psychological evaluation.

By the time of the dispositional review hearing on September 28, 1998, L.H. had completed chemical dependency treatment, parenting classes, domestic abuse education classes and successfully graduated from the halfway house program. Prior to the dispositional review hearing arrangements had been made for L.H. to have extended visitations with the children. The court subsequently entered an order indicating the case plan contemplated the return of the children to L.H. in January of 1999. Foster home placement was continued until the next hearing scheduled for January 18, 1999.

The January 18 hearing was continued to March 1, 1999, because L.H.'s attorney was in trial at the time of the scheduled hearing. Commencing in November of 1998, L.H. had overnight visitations with the children. The visitations became every other weekend visits by the children. While being described as active and bright, the children do act out and are in need of supervision, structure and guidance. B.B. has received counseling. The plan to place the children with L.H. on a full-time basis during January was put on hold when B.B.'s school counselor and B.B.'s therapist indicated B.B. was expressing fear of the placement. After the March 1, 1999 hearing the court continued the foster home placement indicating the placement might take place at the end of the school year. The court further ordered L.H. have unsupervised visitations with the children every weekend until the end of the school year. The next hearing was scheduled for June 21, 1999.

On...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT