IN THE INTEREST OF R.H., Minor Child, P.A.P., Mother, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-424 / 07-0836
Filed July 12, 2007
IN THE INTEREST OF R.H.,
Minor Child,
P.A.P., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Monona County, Todd A. Hensley,
District Associate Judge.
A mother appeals a permanency order placing her child in Another
Planned Permanent Living Arrangement. AFFIRMED.
Peter Goldsmith of Boerner & Goldsmith Law Firm, P.C., Ida Grove, for
appellant mother.
Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney
General, Michael P. Jensen, County Attorney, and Stephen Allen, Assistant
County Attorney, for appellee State.
Kara Minnihan, Onawa, for appellee father.
Marchelle Denker of Sioux City Juvenile Office, Sioux City, for minor child.
Considered by Huitink, P.J., and Vaitheswaran, J. and Beeghly, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2007).
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BEEGHLY, S.J.
I.
Background Facts and Proceedings
Patricia and Rodney are the parents of Robin, who was born in 1995. 1
Patricia has a substantial history of substance abuse. Robin was adjudicated a
child in need of assistance (CINA) under Iowa Code section 232.2(6)(b), (c)(2)
and (n) (2005), after he was sexually abused by a baby-sitter.
In the
dispositional order, Robin was placed in foster care. 2 The juvenile court found
Patricia failed to provide adequate care and supervision of the child.
Patricia made progress in maintaining sobriety and obtaining employment.
On October 18, 2006, the juvenile court entered an order permitting Patricia an
additional six months to pursue reunification, as permitted by section
232.104(2)(b). Patricia was ordered to attend individual therapy, attend therapy
with Robin, provide drug tests, attend support groups, and obtain a sponsor.
Patricia requested six more months to pursue reunification. An older son,
Matthew (who had been out of the home due to delinquency issues) returned to
Patricia’s care. Patricia had problems dealing with Matthew’s behaviors, such as
requiring him to attend school or obtain employment. There were suspicions
Matthew was using illegal drugs. Patricia agreed Robin could not be returned to
her home while Matthew was there.
Matthew was going to turn eighteen in
March 2007, and Patricia asked for more time to get Matthew settled elsewhere
so Robin could return to her home.
1
2
Rodney has not been involved in Robin’s life, and is not a party to this appeal.
The dispositional order was affirmed on appeal. In re R.H., No. 05-1678 (Iowa Ct.
App. Nov. 23, 2005).
3
The State and the attorney for the child recommended Robin be placed in
Another Planned Permanent Living Arrangement (APPLA).
The parties all
agreed termination of Patricia’s parental rights would not be appropriate because
of the very close bonds between Patricia and Robin. The juvenile court placed
Robin in APPLA. The court found it would be contrary to Robin’s welfare to
return him to his mother’s home. Patricia was granted visitation at the discretion
of the Department of Human Services and the guardian ad litem.
Patricia
appeals the permanency order placing Robin in APPLA.
II. Standard of Review
Our scope of review in juvenile court proceedings is de novo. In re K.N.,
625 N.W.2d 731, 733 (Iowa 2001).
Although we give weight to the juvenile
court’s factual findings, we are not bound by them. Id. Our primary concern is
the best interests of the child. In re E.H., 578 N.W.2d 243, 248 (Iowa 1998).
III. Merits
Patricia contends the language of section 232.104(2)(b) does not prohibit
her from receiving a six-month continuance, although she had already received
one continuance. She asserts the juvenile court should have given her more
time to deal with Matthew’s problems, so she would then be free to turn her
attention to Robin. She states that within six months Matthew would have moved
out of her home, and Robin could be returned to her care.
The juvenile court did not address the issue of whether it had the authority
to grant more than one six-month extension under section 232.104(2)(b). When
the juvenile court fails to address an issue properly submitted, a party must file a
motion pursuant to Iowa Rule of Civil Procedure 1.904(2) to preserve error. In re
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N.W.E., 564 N.W.2d 451, 455 (Iowa Ct. App. 1997). Patricia did not file a posttrial motion bringing this issue to the court’s attention, and we conclude she has
failed to preserve this issue for our review.
Furthermore, the record supports a finding that an extension of
reunification efforts would not be in Robin’s best interests. In order to grant an
extension under section 232.104(2)(b), the court must make a determination the
need for removal will no longer exist at the end of the extension. In re A.A.G.,
708 N.W.2d 85, 94 (Iowa Ct. App. 2005). In granting an extension, the juvenile
court must bear in mind that children should not suffer indefinitely in parentless
limbo. In re R.C., 523 N.W.2d 757, 760 (Iowa Ct. App. 1994). The grant of an
extension must be in a child’s best interests. Id.
Robin had been out of the home since September 2005. Despite the
receipt of an abundance of services, at the time of the permanency hearing in
March 2007, Patricia was not in a position to have Robin returned to her care.
Because Patricia cannot control Matthew’s conduct, there are serious concerns
about whether she can properly supervise Robin. The attorney for the child
pointed out that he needed permanency. The parties all agreed termination was
not appropriate in this case. Robin was bonded with his mother and his foster
parents. Based on the specific evidence in this case, we find the juvenile court
properly placed Robin in APPLA.
We affirm the decision of the juvenile court.
AFFIRMED.
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