IN THE INTEREST OF C.R., Minor Child, S.R.K., Mother, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 9-011 / 08-1651
Filed February 19, 2009
IN THE INTEREST OF C.R.,
Minor Child,
S.R.K., Mother,
Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Black Hawk County, Stephen C.
Clarke, Judge.
A mother appeals from the order terminating her parental rights.
AFFIRMED.
Mark Milder, Waverly, for appellant mother.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant
Attorney General, Thomas J. Ferguson, County Attorney, and Steven Halbach,
Assistant County Attorney, for appellee State.
Heather Feldkamp of Feldkamp Law Office, P.C., Waterloo, for minor
child.
Considered by Mahan, P.J., and Miller and Doyle, JJ.
2
MAHAN, P.J.
Shawna appeals the district court’s order terminating her parental rights to
her one-year-old daughter, C.R. We affirm.
I. Background Facts and Proceedings.
C.R. is the child of Shawna.1 C.R. was removed from Shawna’s care nine
days after her birth. Concerns about Shawna’s ability to parent were first noted
in the hospital after C.R.’s birth when she failed to care for the child, was irritable
and angry, and was rude and threatening to the hospital staff. At that time, the
Iowa Department of Human Services (DHS) was contacted to initiate an
investigation.
Shawna moved in with her mother after C.R.’s birth.
repeatedly visited Shawna and C.R. at the home.
continued to display erratic behavior.
DHS
On these visits, Shawna
She did not care for C.R., refused to
answer questions, and yelled and swore at the DHS worker.
Shawna also
complained she never got to go out.2
When C.R. was nine days old, the DHS worker discussed the possibility of
giving guardianship of C.R. to Shawna’s biological mother. Shawna became
very angry and threatening and yelled and shook her arms, all while holding C.R.
Later that day, DHS responded to a report from Shawna’s mother that Shawna
was screaming, yelling, and “freaking out.”
When the DHS worker arrived,
Shawna was in the fetal position with C.R. in her arms and would not let C.R. go.
At that time, the Waterloo Police Department was involved and removed C.R.
1
The identity of C.R.’s biological father is unknown. The district court also terminated
the parental rights as to any putative father of C.R.
2
Shawna admitted, however, that she had gone out twice within eight days of C.R.’s
birth, once to a concert two days after C.R.’s birth.
3
from Shawna’s care. C.R. was adjudicated a child in need of assistance (CINA)
on March 7, 2008, continuing custody with DHS with placement in family foster
care.
On April 7, 2008, Shawna was incarcerated on a five-year prison
sentence.3
On July 22, 2008, the State filed a termination petition.
hearing was held in September 2008.
A contested
The district court found clear and
convincing evidence supporting termination of Shawna’s parental rights pursuant
to Iowa Code section 232.116(1)(h) (2007). By order dated September 30, 2008,
Shawna’s parental rights were terminated. She now appeals.
II. Scope and Standard of Review.
We review termination of parental rights de novo. In re Z.H., 740 N.W.2d
648, 650-51 (Iowa Ct. App. 2007). Grounds for termination must be proved by
clear and convincing evidence. In re J.E., 723 N.W.2d 793, 798 (Iowa 2006).
Our primary concern is the best interests of the child. Id.
III. Merits.
Shawna argues the juvenile court erred in denying her request for a
guardianship. Specifically, she contends the court should have placed C.R. in a
guardianship until she completes her prison sentence and is able to establish she
can parent the child.
3
She requests the court grant a guardianship to
Shawna was charged with assault while participating in a felony and willful injury while
she was pregnant with C.R. She pled guilty to two class D felonies, resulting in
concurrent five-year sentences. Shawna has remained incarcerated and unable to care
for C.R. throughout these proceedings.
4
nonrelatives, Jared and Mindy Barber.4
In the termination of parental rights
order, the juvenile court stated in part:
Shawna . . . requests that the Court consider entering a
guardianship order pursuant to Iowa Code Section 232.104. It
appears that she is making this request for the purpose of
ultimately resuming custody of her child once she is out of prison.
She proposes as guardians Jared and Mindy Barber.
....
In considering [Shawna’s] sad history and the
multigenerational problems of abuse, neglect, substance abuse and
mental illness, the Court finds it is in the best interest of the child to
deny the mother’s request for a guardianship to be placed with the
Barbers. This is in no way a reflection on the Barber’s suitability as
foster or adoptive parents. It is rather a recognition that if this child
is with a relative or almost relative, she will be subject to frequent
contacts from the mother, notwithstanding the best efforts of the
Barbers. The Court does not see these contacts or potential
contacts as being in the best interest of the child.
We agree. The record shows that any contact with Shawna would be
detrimental to C.R.’s safety and well-being.
In the nine days C.R. was in
Shawna’s care, Shawna put the child at risk of harm. She did not care for C.R.,
displayed mental instability, and expressed anger that she was unable to resume
her social life. She threatened hospital staff and DHS personnel. Even while
pregnant with C.R., Shawna placed the child in dangerous situations when she
was charged with assault while participating in a felony and willful injury, for
which she is now imprisoned. As the court noted:
[Shawna] has a long history of maladaptive behavior. It began
when she was a child. She has carried consistent diagnoses of
obsessive compulsive disorder, attention deficit hyperactivity
disorder, oppositional defiant disorder, bipolar disorder, all
exacerbated by a diagnosis of polysubstance abuse disorder. As a
juvenile, she experienced placements in foster group care and
4
We agree with the court’s determination that although there is a family connection
between Shawna, C.R., and the Barbers, “it is too tangential for the Court to give it any
particular weight.”
5
ultimately was placed in the most restrictive setting available to a
child in need of assistance: the Iowa Juvenile Home at Toledo.
Throughout her youth she had multiple hospitalizations for mental
health and substance abuse problems. She has never been able to
comply with recommended treatment. There are no reasonable
prospects that she will be able to resume custody of this child in the
foreseeable future.
We further agree with the court that Shawna will not be successful in
regaining custody of C.R. when she is out of prison. Shawna’s extensive history
of criminal activity, violence, and mental illness and instability prove it is unlikely
she will be able to responsibly parent C.R. now or in the future. It is not in C.R.’s
best interests to have any future contact with her mother. The court did not err in
denying guardianship of C.R. with the Barbers and in terminating Shawna’s
parental rights. We affirm.
AFFIRMED.
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