In the Interest of K.A., Minor Child
In the Interest of K.A., Minor Child
Opinion
A father appeals a juvenile court order terminating his parental rights to his minor child, K.A., born in December 2014. He contends the district court erred in finding clear and convincing evidence supported the statutory grounds for termination, concluding termination was in the child's best interests, declining to apply a statutory exception to termination, and failing to grant a six-month extension to achieve reunification.
I. Background Facts and Proceedings
K.A. came to the attention of the Iowa Department of Human Services (DHS) in September 2016 upon allegations that his mother was using methamphetamine while caring for him and would leave him for days at a time with friends and family. After a positive drug screen for methamphetamine and a founded child-abuse assessment against the mother for denial of critical care for failure to provide proper supervision, K.A. was placed in foster care. At that time, the child's father was not identified. On December 15, K.A. was adjudicated to be a child in need of assistance (CINA), and temporary custody was placed with DHS for placement in foster care. At the time of the termination hearing, other than a two-month trial period with the mother in May and June 2017, K.A. had been removed from parental care for thirteen of the last fifteen months and had been placed with the same foster family during that time.
On March 6, 2017, K.A.'s father was identified through paternity testing. The father's first contact with K.A. occurred on March 8. 1 On April 5, he signed a contract of expectations with DHS and was initially offered three supervised visits per week. Attendance and engagement were inconsistent until July, when regular interactions took place and a more significant visitation plan was developed, which included unsupervised visits. However, beginning in September, the father began cancelling visits, and when he did visit, DHS reported that he was not engaging with K.A. in activities. The visitation plan reverted to supervised visits due to the father's inconsistent visitation as well as his failure to comply with mandated drug testing. He has not visited K.A. since early December, and K.A. has never been placed in his father's care.
During May 2017, the father entered residential treatment. He was asked to leave early due to rule violations after which he transferred to intensive outpatient treatment in June. He completed this treatment program and transferred to an extended outpatient treatment plan. However, he stopped attending and was discharged at the end of August with substantial completion. He admitted to relapsing a week after his discharge. The father was asked to submit to random drug testing with DHS beginning in August but failed to appear on numerous occasions from August 23, 2017 to January 4, 2018.
The father completed a substance-abuse evaluation on November 28, 2017, and extensive outpatient treatment was recommended. Although he attended the admittance appointment on December 1, he did not appear for additional services and was unsuccessfully discharged on January 1, 2018.
The father is homeless and unemployed. He was living with his father and his other child in the family home. The other child is the subject of CINA proceedings and, as such, conditions were placed on the father to allow him to remain in the home. Due to his noncompliance with those expectations, including drug testing, he was asked to leave the home on December 26 and has stayed with friends since that time.
On October 23, 2017 the State petitioned for the termination of both parents' parental rights. On January 25, 2018, the juvenile court terminated both the father's and mother's parental rights to K.A. Only the father appeals.
II. Standard of Review
Appellate review of termination-of-parental-rights proceedings is de novo.
In re D.W.
,
III. Analysis
Termination of parental rights under chapter 232 follows a three-step analysis.
D.W.
,
A. Statutory Grounds for Termination
The juvenile court terminated the father's parental rights pursuant to Iowa Code section 232.116(1)(b), (e), and (h). "On appeal, we may affirm the juvenile court's termination order on any ground that we find supported by clear and convincing evidence."
The establishment of the first three elements under (h) is generally undisputed, and the father conceded at trial the child could not be returned to his care at the time of the termination hearing.
See
B. Best Interests
The father argues termination is not in K.A.'s best interests, highlighting that K.A. has a full sibling who resides with the paternal grandfather and, until recently, the father had been residing with his father and the other child. He identifies a bond between K.A. and his sibling and argues that termination of parental rights would cut off the legal relationship between the two siblings and would make the possibility of future interactions between the siblings uncertain. He also points out that the DHS social worker acknowledged that there is a bond between K.A. and himself and that positive interactions have occurred between them.
"It is well-settled law that we cannot deprive a child of permanency after the State has proved a ground for termination under section 232.116(1) by hoping someday a parent will learn to be a parent and be able to provide a stable home for the child."
In re A.B.
,
We agree with the juvenile court that termination is in K.A.'s best interests based on the father's past conduct, his refusal to put K.A. before his own substance-abuse habits, and his unwillingness to take any affirmative steps to learn to be a parent. The father argues that termination may affect the relationship between K.A. and his sibling. We acknowledge the importance of sibling relationships has been statutorily recognized in section 232.108.
See
In re A.J.
, No. 13-0216,
The record reflects that K.A. is integrated well into foster care and his foster parents are interested in adopting K.A. K.A. has remained in the same foster family since his removal in October 2016, except for the two months he was returned to his mother for a trial period. K.A. continued to see and have a relationship with the foster family even during the trial period with his mother. We find that termination of the father's parental rights is in K.A.'s best interests, as it will give him a chance at permanency and stability in his life.
See
In re M.W.
,
C. Statutory Exceptions to Termination
"The court need not terminate the relationship between the parent and child if ... the termination would be detrimental to the child at the time due to the closeness of the parent-child relationship."
The father argues that termination of parental rights is not in K.A.'s best interests and would be detrimental to K.A. His arguments focus on his own relationship with K.A. and the relationship between K.A. and his sibling. Iowa Code section 232.116(3) does not provide a permissive exception to termination based on the closeness of a relationship between siblings. In considering the bond between K.A. and his father, we note K.A. has never lived with his father and the father has not consistently exercised visitation in some time. There is nothing in the record which reveals that the lack of contact has had any detrimental effect on K.A. Though there may be a bond between them, the father is unable to provide a safe, stable home for K.A. and is not able to do so in the foreseeable future. Removing K.A. from the placement he has been in for thirteen of the last fifteen months would be detrimental. Stability and permanency are in K.A.'s best interest. We agree with the juvenile court's determination that termination would be in K.A.'s best interests. Upon our de novo review, we decline to apply an exception under section 232.116(3). We therefore affirm the juvenile court's decision to not apply any of the statutory exceptions to termination.
D. Extension
The father's final argument is that the juvenile court erred in denying his request for additional time to work toward reunification. If, following a termination hearing, the court does not terminate parental rights but finds there is clear and convincing evidence that the child is a CINA, the court may enter an order in accordance with section 232.104(2)(b).
Upon our de novo review, we are unable to make a finding that the need for removal would no longer exist after the father's requested extension. Other than his testimony about being a good dad and wanting to quit drugs, the father has failed to take or follow through on any affirmative steps to do so or be a consistent part of K.A.'s life. He continues to use methamphetamine, including a week before the termination hearing, and despite completing a substance-abuse evaluation on November 28, he failed to attend any of the recommended extensive outpatient treatment services other than the initial admittance appointment. He refuses to comply with drug testing which could allow him to return to his family home, due to the testing not being part of his admitted "routine" of "[s]itting at home, doing nothing."
While a parent must do more than simply go through the motions, we find the father is unwilling to do even that.
See
M.W.
,
K.A. requires stability and permanency and it would not be in his best interests to delay termination. Therefore we affirm the juvenile court's denial of the requested six-month extension.
IV. Conclusion
We conclude that there is clear and convincing evidence to support the termination of parental rights under Iowa Code section 232.116(1)(h). Additionally, we conclude termination is in the child's best interests and the application of statutory exceptions to termination is unwarranted in this case. Finally, we affirm the juvenile court's denial of the father's requested six-month extension. We affirm the termination of the father's parental rights.
AFFIRMED.
We note that in the July 13, 2017 CINA dispositional review order, there appears to be a typo which lists the father's first interaction with K.A. as May 8, 2017. However, the DHS report for that hearing lists the first interaction as March 8, 2017.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.