T.C., In Interest of, No. 91-1778

• Court: United States State Supreme Court of Iowa
• Writing for the Court: Considered by McGIVERIN; SNELL; This is an appeal by the father; The initial question raised on this appeal is whether the juvenile court erred in adjudicating the children in need of assistance when the father was confined in a locked hospital menta
• Citation: 492 N.W.2d 425
• Parties: In the Interest of T.C., N.C., and C.C., Minor Children, J.C., Father, Appellant.
• Docket Number: No. 91-1778
• Decision Date: 25 November 1992

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492 N.W.2d 425 In the Interest of T.C., N.C., and C.C., Minor Children,
J.C., Father, Appellant. No. 91-1778. Supreme Court of Iowa. Nov. 25, 1992.

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Jeffrey P. Taylor of Klinger, Robinson, McCuskey & Ford, Cedar Rapids, for appellant.

Bonnie J. Campbell, Atty. Gen., John M. Parmeter, Special Asst. Atty. Gen., and

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Charles K. Phillips, Asst. Atty. Gen., for appellee State.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SNELL, and ANDREASEN, JJ.

SNELL, Justice.

This is an appeal by the father, J.C., from the termination of his parental rights to his three children. The court of appeals affirmed the juvenile court's decision, and we granted further review. We now affirm the decision of the court of appeals and judgment of the juvenile court.

The initial question raised on this appeal is whether the juvenile court erred in adjudicating the children in need of assistance when the father was confined in a locked hospital mental ward and no guardian ad litem had been appointed to represent him. Additionally, J.C. asserts that the juvenile court erred in finding that the State had proved by clear and convincing evidence that the grounds asserted for termination of parental rights had been met.

The children involved in this action are T.C., a boy born October 30, 1981, M.C., a boy born November 24, 1982, and C.C., a girl born February 12, 1984. All of these children were born during the marriage of J.C. and W.C. The parental rights of their mother, W.C., have been terminated and are not involved in this appeal.

The children were adjudicated children in need of assistance on September 8, 1987, pursuant to Iowa Code section 232.2(6)(c)(2) (1987). At the time of the adjudication, J.C. and W.C. were separated and the children were in the physical care and control of their mother, W.C.

W.C. and her attorney were present at the CINA proceedings. The children were also present and were represented by their attorney and guardian ad litem, Patrick Grady. J.C. did not appear nor was he represented by anyone at the CINA adjudication. He was served with notice of the CINA proceeding on August 26, 1987, while incarcerated at the Linn County Jail. At the time of that hearing, J.C. was hospitalized on an involuntary substance abuse commitment order. J.C. was released on September 15, 1987, after the adjudicatory hearing on the CINA petition. J.C. did not request an appointment of counsel in the CINA proceeding nor did he participate in any hearing concerning that action.

The record shows that the children's guardian ad litem and attorney and their mother and her attorney stipulated that the children were in need of assistance. The court entered its order in accordance with that stipulation. The court found that the children had suffered or were imminently likely to suffer harmful effects as a result of the parents' failure to exercise a reasonable degree of care in their supervision within the meaning of Iowa Code section 232.2(6)(c)(2).

In January 1988, four months after the adjudication of the children in need of assistance, J.C. was convicted of delivery of a controlled substance. On April 15, 1988, J.C. was sentenced to serve thirty years in prison as a result of that conviction. He has been continuously confined in prison since that time. The sentence now being served by J.C. is the result of a severe heroin addiction. His earliest date of release on parole is March 1993.

On April 19, 1991, the State filed a petition seeking to terminate the parental rights of W.C. and J.C. On April 23, 1991, J.C. filed an application for appointment of counsel and a financial statement. The district court appointed counsel to represent J.C. The hearing on the termination petition was scheduled for July 17, 1991. On July 12, 1991, J.C. filed a motion for continuance in order to obtain the reports and testimony of two psychologists. On July 17, 1991, the court denied the motion for continuance. The court allowed the record to remain open so J.C. could present the testimony of the two psychologists.

During the hearing, the court took judicial notice of the previous court files in the CINA actions filed on behalf of the children. J.C.'s counsel objected to the testimony in the CINA proceeding regarding the adoptability of the children. Counsel for J.C. also objected to the introduction on cross-examination by the State of evidence

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regarding J.C.'s juvenile court record. Following the hearing, the court ordered the termination of J.C.'s parental rights pursuant to Iowa Code section 232.116(1)(e) (1991).

In reaching its decision, the juvenile court entered extensive findings of fact, noting that J.C. is incarcerated for delivery of a controlled substance (second offense) that resulted in a death. His thirty-year sentence is subject to a mandatory minimum term of ten years. The court further found that it was not in the best interest of the children to elect long-term foster care in lieu of termination of parental rights.

Appellate review of termination proceedings is de novo. In re W.G., 349 N.W.2d 487, 491 (Iowa 1984), cert....