L.S., In Interest of, No. 91-477

• Court: United States State Supreme Court of Iowa
• Writing for the Court: Considered by McGIVERIN; SNELL
• Citation: 483 N.W.2d 836
• Parties: In the Interest of L.S., N.S. and A.S., Minor Children. L.H., Mother, G.S., Father, O.H., Maternal Grandmother, Appellants, State of Iowa and L.S., N.S., and A.S., Minor Children, Appellees.
• Decision Date: 15 April 1992
• Docket Number: No. 91-477

Page 836

483 N.W.2d 836 In the Interest of L.S., N.S. and A.S., Minor Children.
L.H., Mother, G.S., Father, O.H., Maternal Grandmother, Appellants,
State of Iowa and L.S., N.S., and A.S., Minor Children, Appellees. No. 91-477. Supreme Court of Iowa. April 15, 1992.

Page 837

Paul W. Demro of Clark, Butler, Walsh & McGivern, Waterloo, for appellant maternal grandmother.

Sara Kersenbrock, Waterloo, guardian ad litem for appellee children.

Bonnie J. Campbell, Atty. Gen., John M. Parmeter, Special Asst. Atty. Gen., and Kathrine S. Miller-Todd, Asst. Atty. Gen., for appellee State of Iowa.

Craig Ament, Cedar Falls, for appellant father.

Carter Stevens of Beecher, Rathert, Roberts, Field, Fister, Walker & Morris, Waterloo, for appellant mother.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, CARTER, and SNELL, JJ.

SNELL, Justice.

This case concerns another difficult problem involving termination of parental rights and deciding what is in the best interests of their children. Three children are affected; L.S. is a boy, age nine, N.S. is a girl, age eight, and A.S. is a girl, age six. The juvenile court determined that parental rights should be terminated and ordered custody of the three children placed with the Iowa Department of Human Services for suitable adoption placement. On appeal, the Iowa Court of Appeals reversed and remanded the case for placement in permanent foster care with O.H., the maternal grandmother. We have considered the case on further review and now vacate the decision of the court of appeals, affirm the judgment of the district court and remand for appropriate orders.

Our review of this case is de novo. We review the facts as well as the law and adjudicate the parents' rights anew. In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981). However, weight is accorded the findings of the juvenile court, particularly as to the credibility of witnesses. Id.

As too often happens, the status of these children has been uncertain for years. On December 8, 1986, they were adjudged children in need of assistance as defined by Iowa Code section 232.2(6)(b) and (c)(2) (1985). Their parents retained custody through review hearings on February 12, 1987, October 2, 1987, and May 3, 1988. After a review hearing on August 5, 1988, at which their mother was absent, the court ordered custody to remain with their father. That arrangement was ended on September 30, 1988, by a court order removing and placing them in foster care under the supervision of the Iowa Department of Human Services. Foster care placement has continued since then.

On May 19, 1990, a petition for termination of parental rights was filed. A review hearing was held June 15, 1990. On July 16, 1990, O.H., the maternal grandmother, intervened, asking for custody of the three children. The juvenile court heard evidence on August 13, September 6, October 10, October 15, and December 19, 1990. The order terminating parental rights was filed on March 1, 1991; the court of appeals reversed and remanded the case on October 29, 1991.

The parties from the beginning and now argue two different cases. The State presents the case for termination of the parental rights of G.S. and L.H. G.S. and L.H., on the other hand, concentrate their argument not so much on whether the State has proved the elements supporting a termination, but whether custody should be placed in the maternal grandmother. Much of this difference stems from a conflicting sociological emphasis by the parties.

The juvenile court found that the children were living in unsanitary conditions

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and both parents were abusing alcohol to the point they could no longer adequately supervise the children. The family home was dirty and smelled of urine. L.H., the mother, left the family home in June 1988. After L.H.'s absence the children's day care provider reported that they arrived at the center hungry, wearing dirty clothes, and were inadequately dressed for the weather conditions. G.S., the father, continued to abuse alcohol, passing out on one occasion at the elementary school from extreme intoxication. A DHS investigator found him unconscious from intoxication at his home with the children present, and no other adult to care for them. After the children were removed from the home, it was discovered that they had been sexually abused by both their father and mother. G.S. had oral, anal and vaginal sex with the children, sometimes in the presence of their mother. The mother, L.H., sexually abused the children by inappropriately fondling them and failing to protect them from G.S. L.H. and G.S. were later divorced, and G.S. married D.S.

During the time the children remained in the family home under the protective custody of DHS, various services were provided. The children attended protective day care five days per week, and homemaker services were offered on a weekly basis. Services by the public health nurse were provided at a minimum of two times a month. The court ordered that the parents participate in psychiatric counseling substance abuse evaluation and counseling at the Northeast Council on Substance Abuse. Family therapy with the Orchardale Family Support Team was offered. The parents resisted participation in the services ordered by the court, denied the charges of sexual abuse and requested a dismissal on three occasions of the child in need of assistance petition.

Since being removed from the home, the children have been in numerous foster homes. Since September 30, 1988, L.S. has been in four foster homes, N.S. in five, and A.S. in three. A contributing factor to these moves has been the negative behavior exhibited by the children....