In the Interest of G.Y., No. 6-050/05-1234 (IA 3/1/2006)

• Decision Date: 01 March 2006
• Docket Number: No. 6-050/05-1234,6-050/05-1234
• Parties: IN THE INTEREST OF G.Y., a/k/a G.F., A.Y., and T.R., Minor Children, S.A.L., Mother, Appellant.
• Court: Iowa Supreme Court

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IN THE INTEREST OF G.Y., a/k/a G.F., A.Y., and T.R., Minor Children, S.A.L., Mother, Appellant.

No. 6-050/05-1234

Court of Appeals of Iowa.

Filed March 1, 2006

Appeal from the Iowa District Court for Buena Vista County, Mary L. Timko, Associate Juvenile Judge.

A mother appeals the district court's order terminating her parental rights. AFFIRMED.

James Schall of Schall Law Office, for appellant-mother.

Lori Kolpin, Aurelia, for appellee-father.

Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Philip E. Havens, County Attorney, and Rick Kimble, Assistant County Attorney, for appellee-State.

John Murray, Storm Lake, for minor children.

Considered by Sackett, C.J., and Vogel and Mahan, JJ.

VOGEL, J.

Samantha appeals the termination of her parental rights to her three youngest children. We affirm the district court's order.

I. Background Facts and Proceedings.

Samantha is the mother of Tyler, Abraham, and Gabriella, respectively ages nine, six, and four at the time of termination.¹ The Iowa Department of Human Services (DHS) was contacted by Tyler's school in March 2004 after school personnel discovered extensive bruises on Tyler's back and torso. Tyler denied at first that anyone had harmed him, but then stated that Richard, Samantha's boyfriend, had struck him with a belt for misbehaving. All three children were immediately placed into protective custody by DHS and were subsequently adjudicated children in need of assistance in August 2004. Samantha has denied any abuse perpetrated by Richard and insisted throughout the course of this case that Tyler injured himself. The children have remained in foster care placement since their removal in March 2004. The State filed the petition to terminate Samantha's parental rights in November 2004, and the hearing was stretched over the course of seven non-consecutive days in February, March, and April 2005. The district court terminated Samantha's parental rights on July 12, 2005, pursuant to Iowa Code sections 232.116(1)(d) (2003) (child CINA for physical or sexual abuse, circumstances continue despite receipt of services) and 232.116(1)(f) (child four or older, child CINA, removed from home for twelve of last eighteen months, and child cannot be returned home). Samantha appeals.

II. Scope of Review.

We review a termination of parental rights de novo. In re R.E.K.F., 698 N.W.2d 147, 149 (Iowa 2005). Our primary concern is the best interests of the children. In re D.G., 704 N.W.2d 454, 457 (Iowa Ct. App. 2005).

III. Issues on Appeal.

Samantha first asserts that she was not offered adequate services and DHS did not make reasonable efforts to prevent termination. Where a parent fails to identify a deficiency in services or to request additional services, he or she may be precluded from later challenging the sufficiency of the services. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002) (citing Iowa Code § 232.99(3)). Samantha testified at the termination hearing that at some point she did request additional services in the form of parenting classes, which DHS readily provided. It is not clear when the request was made, but Samantha testified that she was still participating in the classes as of the March 17, 2005 hearing. We cannot discern from the record, and Samantha does not direct us to a filing or a hearing when she challenged the adequacy of the services she was receiving. We therefore deem this issue waived.

Additionally, the record demonstrates reasonable efforts by DHS to preserve the family and avoid termination. The current case is not the first time Samantha or her children have received services from DHS. The record shows that Samantha has codependency issues and a history of relationships with abusive men that have endangered her safety and that of her children. As a result of this case, the children received extensive outpatient mental health therapy and medication management services. Abraham spent approximately one month at the Cherokee Mental Health Institute for inpatient psychiatric evaluation and treatment due to his severe physical and mental trauma suffered in his mother's care. Abraham and Gabriella received Family Centered Services through West Iowa Family Services and educational screening services through Western Hills Area Education Agency. Samantha was given individual mental health therapy services though the Season's Center and supervised visitation with the children, in addition to the following services offered to both her and Richard:² psychosocial evaluations, parenting classes, in-home Family Centered Services. We conclude DHS made...