McDonald, In Interest of

• Decision Date: 18 October 1972
• Docket Number: No. 55162,55162
• Citation: 201 N.W.2d 447
• Parties: In the Interest of Joyce McDONALD, Melissa McDonald, Children, Appellees. The STATE of Iowa, Appellee, v. David McDONALD and Diane McDonald, Appellants.
• Court: Iowa Supreme Court

Page 447

201 N.W.2d 447

In the Interest of Joyce McDONALD, Melissa McDonald, Children, Appellees The STATE of Iowa, Appellee, v. David McDONALD and Diane McDonald, Appellants.

No. 55162.

Supreme Court of Iowa.

Oct. 18, 1972.

Donald E. Doyle, Davenport, for appellants.

Richard Turner, Atty. Gen., Lorna L. Williams, Sp. Asst. Atty. Gen., Edward N. Wehr, Scott County Atty., Thomas G. Schebler, Asst. Scott County Atty., for appellees.

This matter was heard and determined by the full bench.

MASON, Justice.

This is an appeal from an order of the municipal court of the city of Davenport sitting as the juvenile court of Scott County terminating the relationship of parent and child existing between David McDonald, father and Diane McDonald, mother, and their twin daughters, Joyce and Melissa McDonald. The parents challenge sufficiency of the evidence to support the order.

A Scott County juvenile probation officer had filed a petition seeking termination of the relationship in which it was alleged the relationship should be terminated in that the parents are unfit by reasons of conduct found by the court likely to be detrimental to the physical or mental health or morals of children as defined in section 232.41(2)(d) and for the further reason that following an adjudication of dependency, March 3, 1969, reasonable efforts under the direction of the court had failed to correct the conditions leading to the termination. Section 232.41(2)(e).

Termination of the relationship between the parents and a child is controlled in this factual situation by sections 232.41 through 232.50, The Code.

Section 232.41 provides in part:

'When relationship changed. The court may upon petition terminate the relationship between parent and child:

'1. * * *

'2. If the court finds that one or more of the following conditions exist:

'a. * * *

'b. * * *

'c. * * *

'd. That the parents are unfit by reasons of debauchery, intoxication, habitual use of narcotic drugs, repeated lewd and lascivious behavior, or other conduct found by the court likely to be deterimental to the physical or mental health or morals of the child.

'e. That following an adjudication of neglect or dependency, reasonable efforts under the direction of the court have failed to correct the conditions leading to the termination.'

The court appointed an attorney to represent the parents at the hearing required by section 232.44. He has continued to represent them on their appeal to this court. Separate counsel was also appointed to represent the children at the hearing. He takes no part in this appeal. The hearing commenced June 24, 1970 was adjourned until July 22 and concluded on that day. Findings of fact were filed August 8 and decree August 10.

The court, after summarizing the evidence produced at the hearing, noted in its findings of fact that the evidence compelled a finding 'that Diane McDonald, primarily because of her very low IQ, is simply not able to give to these twins the proper care and attention, including but not limited to the stimulation which the twins need and to which they responded almost immediately when placed in the foster homes. Nor is there any reasonable probability that Diane McDonald would be able to substantially improve her past performance with the twins, should they continue for a further period even as long as a year, in foster care. The Court is reluctantly convinced that because of this mother's very low IQ she could never adequately take the proper care of these twins or at least provide them with the stimulation in her home that they must have to grow and develop into normal, healthy children. Unfortunately, although David McDonald is able to do considerably better, the best interests of the twins requires a termination as to him as well.'

The court concluded, '2. That the relationship now existing between David McDonald, father, and Diane McDonald, mother, and Joyce McDonald and Melissa McDonald, children, should be terminated because the parents are unfit by reason of conduct found by the Court to be detrimental to the physical and mental health of said children, as defined in section 232.41(2)(d) * * *.

'3. That the relationship now existing between David McDonald, father, and Diane McDonald, mother, and Joyce McDonald and Melissa McDonald, children should be terminated because following an adjudication of dependency on March 3, 1969, reasonable efforts under the direction of the Court have failed to correct the conditions leading to such findings, as provided in section 232.41(2)(e).'

I. Our review is de novo. Rule 334, Rules of Civil Procedure.

David McDonald, 20, and Diane Kroeger, 17, were married May 27, 1967. David testified that approximately two years before his marriage, a Davenport doctor had hospitalized him at the University Hospital in Iowa City for a nervous condition and general health. About nine months before his marriage he was again hospitalized, this time at Mercy Hospital in Davenport by his mother. After about two weeks David was transferred to Pine Knoll for observation and mental tests. During the time he was at Pine Knoll he was released during the daytime to work in Davenport. When discharged about two months before his marriage, David said he was 'physically and mentally good.'

During her pregnancy Diane had considerable physical problems caused by retention of fluid during this time. Her blood pressure elevated causing anemia; her blood count was so low she was hospitalized at the University of Iowa Hospital the last two months of her pregnancy. Joyce and Melissa were born at Iowa City February 7, 1968.

The twins were removed from the hospital by the parents against medical advice and returned to Davenport. They remained either in the McDonald home or the home of Mrs. Graves, paternal grandmother, until they were placed in separate foster homes November 8, 1968.

A visiting counselor with the Davenport public school system testified that David had been given the Wechsler Adult Intelligence Scale January 21, 1965 and recorded a full scale IQ of 74. David had quit school in the eleventh grade. Diane had been tested September 21, 1964 and her full scale score IQ was 47. We are not told about her background except that she came from 'a very cruel and immoral home.'

At the time of trial the McDonalds were the parents of another baby then three weeks old. Since then Diane has had surgery.

Elaine Hughes, a registered nurse with 25 years experience, presently serving as a nurse of Davenport Visiting Nurse Association, made one unannounced visit to McDonalds when the twins were four months old. When Miss Hughes arrived David and Diane were upstairs in another apartment. They came down to show her the children. The nurse testified the babies were in a clean bed with 'propped bottles,' which she felt was dangerous as the babies might choke and that 'a mother should hold their baby to feed it.' She observed their diapers were both quite soiled and dirty. 'They were pale, just unresponsive as far as--no stimulation, lack of stimulation is probably the way I would say.' She noted in her office records following this visit 'diaper rash and a possibility of a slight cold.'

On three or four occasions Miss Hughes made limited observation of the twins when they were brought to the Well-Baby Clinic. When asked what part she had to do with the children on these occasions she replied, 'All I did was see the children.' She had seen the children once in the foster homes in May 1970. This is a fair summary of her contacts with the children.

She expressed the opinion it would be very difficult for Diane and David to properly care for the children by reason of 'their limited knowledge, the ability of Diane to care. * * * She wasn't able to follow instructions; and I think due to the fact of this, that she is unable to care for the children properly.'

Mrs. Clanton, a deputy probation officer, told of the children being sent to Iowa City for evaluation tests when they were a year old. These tests disclosed the children were not retarded but needed love and affection and would probably regress if placed back in the original home.

The witness had never been in the McDonald home nor had any contact with the two children. She related an experience with another mother with a low IQ who was unable to deal with her child, didn't know when or what to feed him and didn't have the capacity to give the love and care to her child or realize that you can't walk off and leave an infant. It was Mrs. Clanton's opinion that a person with a low IQ did not have the capacity to love and show affection as a person of normal intelligence.

She was asked why her office was seeking termination of the relationship. We set out her answer as shown in the record.

'Because children this age should not remain in foster care indefinitely. These children are now two and a half years old. They should not remain in foster care for another two and a half years, for instance, and become of an age when adoption is more difficult. It would appear that it is only fair to the children, if the parents are not going to be in a position to have them back in their home, that there be a severance so they could have their own homes at this time. And the reason we filed the severance Petition was at the request of the Supervising agency.'

Barbara Moore, a social worker employed by the Scott County Department of Social Services, first observed the McDonald twins October 7, 1968 during a visit to the Graves home. Miss Moore testified the children were listless, appeared to have colds and in general did not look very healthy.

Except for a visit November 4 at the Graves home while David and Diane were present Miss Moore did not have opportunity to observe the parents with the twins over any extended period of time. On this occasion Miss Moore, accompanied by one or possibly two social workers or nurses, discussed with Diane and David the...