IN THE INTERST OF A.A. and M.A., Minor Children, A.A., Father, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 7-931 / 07-1896
Filed December 28, 2007
IN THE INTERST OF A.A. and M.A.,
Minor Children,
A.A., Father,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Black Hawk County, Daniel L.
Block, Associate Juvenile Judge.
A father appeals from a permanency order in child in need of assistance
proceedings. AFFIRMED.
James Wilson, Dysart, for appellant father.
Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney
General, Thomas J. Ferguson, County Attorney, and Steven Halbach, Assistant
County Attorney, for appellee State.
Timothy Baldwin, Waterloo, for minor children.
Considered by Vogel, P.J., and Mahan and Zimmer, JJ.
2
ZIMMER, J.
A father appeals from a permanency order in child in need of assistance
(CINA) proceedings. We affirm.
Alija is the father and Veriza is the mother of Rusmir, born in 1989; Alma,
born in 1993; and Mujo, born in 1996. The family is from Bosnia and came to the
United States in 2000.
Rusmir, Alma, and Mujo came to attention of the Iowa Department of
Human Services (DHS) in 2000 because of reports of child abuse. Alija and
Veriza ended their relationship in 2002.
That same year, the children were
removed from the father’s home following a report Alija had been arrested for
child endangerment. The mother’s whereabouts were unknown at the time of
removal. The juvenile court placed the children in the temporary custody of DHS.
The children were adjudicated CINA in November 2002. Veriza’s parental
rights to her children were eventually terminated in 2003; however, the State’s
petition to terminate Alija’s parental rights was denied.
The children were
returned to their father’s care, and services were made available to assist Alija in
correcting the conditions which led to the abuse of his children.
In 2006 Alma and Mujo again came to the attention of DHS after
witnesses reported seeing their father physically abuse them. The children were
removed from their home and placed in foster care in October 2006. 1
The
following month, Alija was arrested on two counts of child endangerment and
placed in jail.
1
Rusmir now resides in a state training school and was not living at home when Alma
and Mujo were removed from their home.
3
Alma and Mujo were adjudicated as CINA on January 3, 2007.
Alija
subsequently reached a plea agreement which resolved his pending criminal
charges. In March 2007 he pled guilty to one count of child endangerment,
received a term of probation, and was released from jail. The court issued a nocontact order that prevented contact between Alija and his children until March
2008.
Following the CINA adjudication, the father was offered a variety of
services designed to transition the children back to his care. However, he failed
to cooperate with any of the family-centered services offered.
A permanency hearing was held on October 9, 2007. At the hearing, the
guardian ad litem recommended against the father having any contact with his
children. After considering the evidence presented, the court ordered that Alma
and Mujo remain in the custody of DHS and continued their placement in foster
care. The court also ordered that any visitation between Alija and his children
occur at the discretion of DHS. Alija appeals from this order.
We review permanency orders de novo. In re K.C., 660 N.W.2d 29, 32
(Iowa 2003). We review both the facts and the law and adjudicate rights anew
on the issues properly presented. In re H.G., 601 N.W.2d 84, 85 (Iowa 1999).
We give weight to the juvenile court's findings, but are not bound by them. In re
N.M., 528 N.W.2d 94, 96 (Iowa 1995). The best interests of the children are
paramount to our decision. Id.
On appeal, Alija argues the juvenile court erred in making its findings of
fact in support of the permanency order. He also argues that it was contrary to
the welfare of the children to place them in foster care. Upon our review of the
record, we find no merit in the father’s arguments.
4
Alija has a lengthy history of abusing alcohol and harming his children.
Despite compelling evidence to the contrary, Alija continues to deny abusing
alcohol and endangering his children.
He claims he pled guilty to child
endangerment so he could get out of jail. Alija has refused to participate in
services because he insists he has never harmed his children.
Alija’s assertions that the allegations in the CINA case and the child
endangerment criminal case are false are not persuasive. Between 2000 and
2006 there were ten founded or confirmed child abuse reports involving the
father. The children were adjudicated CINA a second time following reports that
Alija had hit both of his children. At the permanency hearing, the guardian ad
litem recommended against returning the children to Alija based upon Alija’s lack
of participation in services and history of denial of his abuse problems.
Alma is now fourteen years old, and Mujo is eleven years old. “We must
reasonably limit the time for parents to be in a position to assume care of their
children because patience with parents can soon translate into intolerable
hardship for the children.” In re E.K., 568 N.W.2d 829, 831 (Iowa Ct. App. 1997).
The children are making progress in their current foster home, and their foster
parents have stated their intention to remain a placement option for the children
long term. The children have stated that they have no desire to have any contact
with their father.
At the time of permanency hearing, the no-contact order
between Alija and his children had not been modified. We conclude that not
returning the children to their father’s care at this time is in the children’s best
interests. Accordingly, we affirm the juvenile court’s permanency ruling.
AFFIRMED.
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