IN THE INTEREST OF J.E., Minor Child, R.E., Mother vs. STATE OF IOWA
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IN THE SUPREME COURT OF IOWA
No. 128 / 06-0459
Filed November 17, 2006
IN THE INTEREST OF J.E., Minor Child,
R.E., Mother,
Appellant.
vs.
STATE OF IOWA,
Appellee.
________________________________________________________________________
On review from the Iowa Court of Appeals.
Appeal from the Iowa District Court for Wapello County, William S.
Owens, Associate Juvenile Judge.
State seeks further review after court of appeals reversed a juvenile
court's termination order.
DECISION OF COURT OF APPEALS
VACATED; JUDGMENT OF DISTRICT COURT AFFIRMED.
Michael O. Carpenter of Webber, Gaumer & Emanuel, P.C.,
Ottumwa, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd,
Assistant Attorney General, and Jason Helm, Assistant County Attorney,
for appellee.
Robert E. Breckenridge and Kenneth A. Duker of Breckenridge &
Duker, P.C., Ottumwa, guardians ad litem for minor child.
2
STREIT, Justice.
Due to a mother’s neglect of her ten-year-old son, a juvenile court
terminated her parental rights. The Iowa Court of Appeals reversed the
juvenile court’s decree. Because the child cannot be safely returned to
his mother’s care and because termination is in the child’s best interests,
we vacate the court of appeals’ decision and affirm the decree of the
juvenile court.
I. Facts and Prior Proceedings
Jerimiah was born on April 17, 1996. He is of low intelligence and
suffers from attention deficit/hyperactivity disorder (AD/HD).
He
operates on a much younger level than his age and is unable to make
good or safe decisions. Jerimiah also has heart arrhythmia. He requires
medication and a low-sugar, no-caffeine diet.
His mother is Robyn and his father is alleged to be either Luther of
La Plata, New Mexico or Kevin of Lakeside, Arizona. Jerimiah does not
have a relationship with either man.
Robyn has five other children:
Cody, born January 28, 1989; Cory, born September 18, 1990; Elyjah,
born September 19, 1992; Cheyana, born September 12, 2000 and
Savanah, born July 14, 2002.
Robyn’s two daughters live with their
father, Michael, in Ottumwa. 1
During the juvenile court proceedings,
Elyjah lived with his father, Luther, in New Mexico part of the time.
Jerimiah first came to the attention of the Iowa Department of
Human Services (DHS) on July 7, 2004 when he was taken into custody
by law enforcement and placed in foster care. On that date, Robyn had
left Jerimiah home alone for up to fourteen hours. Jerimiah was eight
1Michael
obtained a civil restraining order on Robyn. Cheyana was diagnosed as
“failure to thrive” and there is a founded report of Robyn not providing adequate
medical care for her.
3
years old at the time.
Concerned neighbors called the police because
Jerimiah did not know where his mother was or how to contact her. Two
neighbors reported Jerimiah was often alone from morning until bedtime.
He spent long periods of time at their homes because he was hungry and
scared. Jerimiah told one of the neighbors his mother threw all of their
food away because their home did not have electricity. While the police
officers were interviewing Jerimiah in the front lawn, Robyn drove by.
She paused and then drove on. She was later arrested for driving while
barred.
Robyn does not have her driver’s license due to unpaid fines
($5877).
During the investigation of this incident, Robyn admitted to a
police officer her home did not have electricity. She consented to a drug
test, which came back positive for opiates. Robyn said she had fallen the
week before in a parking lot and was taking Tylenol 3 as a result. Her
friend also gave her a pill to help with the pain. The test was negative for
other substances. Robyn told a police officer she worked every day and
had to do community service hours.
A subsequent Child Protective Assessment verified the neighbors’
allegations. This was the third founded report for denial of critical care
based on Robyn’s failure to properly supervise Jerimiah. 2
2There
was a founded report of denial of critical care concerning Jerimiah and
his brother, Cody. On July 9, 2003, Robyn started an uncontained fire outside in order
to burn some trash. She went inside leaving Cory and Jerimiah outside. At the time,
Jerimiah was seven and Cory was twelve. Jerimiah played in the fire with a stick and
burned a neighbor boy who had to be taken to the emergency room by his parents.
There was also a founded report of denial of critical care concerning Jerimiah and his
two younger sisters. On December 19, 2002, Robyn left Jerimiah and the girls in a
vehicle unattended for five to fifteen minutes while she was in her landlord’s home.
Jerimiah was six and a half years old at the time and Cheyana and Savanah were two
years old and five months old respectively. Robyn was unable to drive the children
home because her driver’s license was suspended.
4
Two days after Jerimiah was removed from the home, Robyn and
Jerimiah’s brothers moved because Robyn did not have money to pay the
electric bill. They lived for about two weeks at the home of their pastor
and then moved to the Crisis Center. In mid-August they moved to a
rented home on Kruger Street in Ottumwa.
Due to a $700 unpaid
electric bill, Robyn had to have the utilities placed in a friend’s name. At
the end of March 2005 the family moved again to their current home on
South Van Buren in Ottumwa. Robyn’s gas was shut off in June 2005
because she did not pay her bill. She was able to get the gas turned
back on within a few days.
Robyn was unemployed throughout the
juvenile court proceedings except when she worked at Burger King for
three months.
The family receives welfare, food stamps, and medical
assistance from DHS.
Jerimiah was adjudicated a child in need of assistance on October
12, 2004, as defined in Iowa Code section 232.2(6)(c)(2) (2003) and
remained in the care and custody of DHS.
provided to the family by DHS.
Numerous services were
Services included parent skill
development services for Robyn, psychological evaluation of Robyn,
psychiatric evaluation of Jerimiah, and individual therapy for Robyn and
Jerimiah.
Robyn accepted these services but her participation was
inconsistent. At times, Robyn was not awake or was not prepared for
parent skills sessions which were conducted in her home. She was also
inconsistent
in
attending
Jerimiah’s
medical
and
psychiatric
appointments although she was requested to do so.
At the department’s behest, Robyn began seeing a therapist but
failed to regularly attend her appointments.
She was diagnosed with
AD/HD, depression, and post-traumatic stress disorder.
Robyn
5
acknowledged physical and child sexual abuse by her father. Her mother
died of a heart attack when Robyn was just two years old. She dropped
out of school in the eleventh grade when she became pregnant.
DHS continues to have concerns with Robyn’s parenting ability. At
the beginning of this case, Robyn told the in-home provider she relates to
her children more as a peer than a parent. Robyn admitted she does not
feel she needs to be a parent to her children all of the time “because she
doesn’t want to bitch at them.”
The DHS reports Robyn is not
affectionate toward Jerimiah and there is not much interaction between
the two of them.
At first, DHS limited Robyn to supervised visits with Jerimiah.
Robyn progressed to partially unsupervised visits on October 25, 2004.
Jerimiah’s foster parents agreed to take Jerimiah to Robyn’s home for
visits and the in-home provider would be present for the second half of
the visits.
The unsupervised part of the visit was discontinued on
November 16, 2004 because Robyn was not keeping her appointments
with her therapist and the in-home provider was concerned Robyn was
not able to consistently provide a structured environment. Robyn did not
regularly have activities and meals planned for Jerimiah during the
visits. On February 2, 2005, DHS resumed partially unsupervised visits.
Approximately three weeks later, DHS once again limited Robyn to
supervised visits with Jerimiah because she was not attending her
therapy appointments, was not calling Jerimiah daily as she had been
requested to do, and she missed a parent/teacher conference.
In March 2005, DHS resumed partially unsupervised visits
because Robyn was calling Jerimiah more consistently and was keeping
her therapy appointments. She met with Jerimiah’s teacher. She went
6
to the library and checked out a book on parenting without prompting.
Robyn even walked five miles in order to visit Jerimiah.
DHS granted Robyn unsupervised overnight visits with Jerimiah in
May 2005. A permanency hearing was held on July 8, 2005, at which
time Robyn was given an additional six months to pursue reunification.
On August 4, 2005, Robyn’s visits with Jerimiah were increased from one
overnight to three overnights a week. However, DHS once again limited
Robyn to supervised visits after she was arrested for shoplifting at WalMart on August 8, 2005. 3 Jerimiah was in the store with Robyn and saw
her get arrested. Robyn initially lied and told the social worker Jerimiah
was not with her. Robyn testified at the termination hearing she lied out
of fear DHS would terminate her parental rights. Jerimiah told a child
protective worker it is okay for his mom to steal if she needs food for her
children.
Besides shoplifting, Robyn has made other poor decisions.
In
December 2004, Robyn was ticketed for allowing her son Cody to drive
without a license. In March 2005, Robyn was charged with violating the
compulsory school attendance law for her son Cory.
According to the
school attendance officer, Cory had missed thirty-one days of school by
the month of March. Robyn pled guilty and was fined $100. On May 9,
2005, Robyn returned Jerimiah to his foster home thirty to sixty minutes
early without notifying the foster parents.
Neither foster parent was
home so Robyn left Jerimiah in the care of a teenage foster boy. A few
days later, Jerimiah told Robyn the boy sexually abused him while they
3Robyn
was also arrested for shoplifting at Econo Foods on July 24, 2005.
7
were alone. 4
Additionally, Robyn considered allowing a truck driver,
whose last name she did not know, pick up Elyjah in New Mexico and
return him to Ottumwa. After the in-home provider advised Robyn her
idea was too risky, Robyn took a bus to New Mexico to pick him up
herself.
The State filed a petition for termination of parental rights on
October 31, 2005.
The juvenile court held a termination hearing on
November 21, 2005. The in-home provider for the family testified there is
a lack of bonding between Jerimiah and his mother. However, Jerimiah
has repeatedly stated he misses his mom and siblings and wants to be
home with them. Jerimiah thinks Robyn is the “best mom ever.” DHS
recommended termination because Robyn is unable to provide a
consistent, stable, and structured home environment for Jerimiah.
Although Robyn has been able to make progress for short periods of
time, she is unable to sustain those changes.
DHS acknowledges Jerimiah has a close relationship with his
brothers. During visits Jerimiah usually played with his brothers. They
would play video games, play sports, draw, talk, joke around, play with
action figures or watch movies.
At the termination hearing, Cody
testified about his bond with Jerimiah. He said “we miss him a lot every
day . . . . There’s always a void.”
Jerimiah is a sweet and loving child. He is personable and gets
along well with other children.
He likes to give and receive attention.
Despite his special needs, DHS considers Jerimiah to be adoptable.
4To
Robyn’s credit, she immediately contacted DHS and consoled Jerimiah. She
was very supportive of Jerimiah and fully cooperated with the child protective
assessment and police investigation. Jerimiah was placed in a different foster home.
8
The juvenile court terminated the parental rights of Robyn, Kevin
and Luther (the alleged fathers) on March 7, 2006.
appealed.
Only Robyn
The Iowa Court of Appeals reversed the termination of her
parental rights on September 7, 2006. The court “question[ed] whether
the State has proved the grounds for termination by clear and convincing
evidence” because the court believed DHS made no effort to assist Robyn
with child care.
Moreover, the court was “not willing to find that
Jerimiah’s best interests will be served by termination” because of his
strong bond with his brothers.
II.
Scope of Review
We review termination of parental rights de novo. In re C.H., 652
N.W.2d 144, 147 (Iowa 2002) (citing In re S.N., 500 N.W.2d 32, 34 (Iowa
1993)). We give weight to the factual determinations of the juvenile court
but we are not bound by them. In re T.A.L., 505 N.W.2d 480, 482 (Iowa
1993) (citing In re M.M., 483 N.W.2d 812, 814 (Iowa 1992)). Grounds for
termination must be proven by clear and convincing evidence. In re T.B.,
604 N.W.2d 660, 661 (Iowa 2000).
Our primary concern is the best
interests of the child. In re K.N., 625 N.W.2d 731, 733 (Iowa 2001).
In seeking out those best interests, we look to the child’s
long-range as well as immediate interests. This requires
considering what the future holds for the child if returned to
the parents. When making this decision, we look to the
parents’ past performance because it may indicate the
quality of care the parent is capable of providing in the
future.
In re C.K., 558 N.W.2d 170, 172 (Iowa 1997) (citations omitted).
III.
Merits
A.
Whether Jerimiah Can be Returned to Robyn’s Care
The juvenile court terminated Robyn’s parental rights pursuant to
section 232.116(1)(f) of the Iowa Code.
Under section 232.116(1)(f),
9
parental rights may be terminated if the court finds all of the following
have occurred:
(1)
(2)
(3)
(4)
The child is four years of age or older.
The child has been adjudicated a child in need of
assistance pursuant to section 232.96.
The child has been removed from the physical custody
of the child’s parents for at least twelve of the last
eighteen months, or for the last twelve consecutive
months and any trial period at home has been less
than thirty days.
There is clear and convincing evidence that at the
present time the child cannot be returned to the
custody of the child’s parents as provided in section
232.102.
It is undisputed Jerimiah satisfies the first three elements. Robyn only
contends the State has failed to prove by clear and convincing evidence
Jerimiah cannot be returned to her custody.
A parent may lose custody of his or her child if the court finds
there is clear and convincing evidence “[t]he child cannot be protected
from some harm which would justify the adjudication of the child as a
child in need of assistance . . . .” Iowa Code § 232.102(5)(a). A “child in
need of assistance” means in part “an unmarried child . . . [w]hose
parent, guardian, other custodian, or other members of the household in
which the child resides has physically abused or neglected the child, or
is imminently likely to abuse or neglect the child.” Id. § 232.2(6)(b). In
the present case, there are thankfully no allegations Robyn physically
abused Jerimiah. However, the record is replete with evidence of neglect.
We have previously said “our statutory termination provisions are
preventative as well as remedial.” In re L.L., 459 N.W.2d 489, 494 (Iowa
1990). They are designed to prevent probable harm to the child and the
State is not required to wait until actual harm has occurred before
10
moving to terminate a parent’s rights. Id. (citing In re A.M.S., 419 N.W.2d
723, 726 (Iowa 1988)).
Robyn argues her ability to care for her other sons rebuts the
juvenile court’s finding that Jerimiah cannot be safely returned to her
home. This contention ignores Jerimiah’s age and special needs. See In
re T.J.O., 527 N.W.2d 417, 421 (Iowa Ct. App. 1994) (citing In re E.B.L.,
501 N.W.2d 547, 553 (Iowa 1993) (“Even though a mother may be able to
parent some of her children does not necessarily mean she is capable of
providing appropriate care to all her children.
The special needs and
best interests of each child must be evaluated.”)).
At the time of the
termination hearing, Jerimiah’s brothers were sixteen (Cody), fifteen
(Cory) and thirteen (Elyjah) years old. Jerimiah was only nine years old.
Unlike his brothers, Jerimiah has special needs that require extra
attention. Due in part to his low intelligence, he lacks knowledge about
concepts most kids his age would understand.
make good or safe decisions.
Jerimiah is unable to
He requires constant supervision and
thrives on structure. His heart condition also requires medication and
frequent doctor visits. While his older brothers may be able to fend for
themselves, Jerimiah cannot.
Robyn has a history of leaving Jerimiah home alone for long
periods of time. He was placed in foster care after neighbors complained
Jerimiah would often come to their homes looking for comfort and food.
He did not know where his mom was or how to contact her.
One
neighbor reported Jerimiah has been to her home from early morning to
late at night before without anyone coming to look for him.
Robyn has failed to demonstrate she can provide adequate
supervision and care for Jerimiah. At the time Jerimiah was taken into
11
custody by DHS, Robyn told a police officer Jerimiah was home alone
because she worked every day and did community service.
However,
Robyn told her therapist she had not worked since 1999 when the family
lived in Arizona. Moreover, there is no evidence in the record regarding
community service. If she did have a community service obligation, we
do not know why or the number of hours. Robyn has never explained
her long absences from the home. This makes us doubt she would be
more attentive to Jerimiah’s needs if he is returned to her.
See In re
J.W.D., 456 N.W.2d 214, 218–19 (Iowa 1990) (finding termination
warranted because mother was unable to meet the needs of her child
who
was
of
low-average
intellectual
functioning
and
behind
developmentally).
The court of appeals stated “there is little evidence Jerimiah would
not be safe in [Robyn’s] care if she had assistance with child care at
times she was required to be absent from the home.” But based on the
record, Robyn is not required to be away from home much because she is
unemployed.
Robyn never requested assistance with child care.
Moreover, two of the founded reports of neglect happened while Robyn
was nearby. The first one involved Jerimiah being left in a car with his
two younger sisters. The other involved Jerimiah playing with a burning
pile of trash. Robyn’s erratic sleep patterns also interfere with her ability
to supervise Jerimiah.
Finally, the shoplifting incident demonstrates
Robyn continues to put Jerimiah at risk despite the services provided by
DHS.
Robyn has not benefited from the services while Jerimiah
continues to live in foster care. We find there is clear and convincing
evidence Jerimiah cannot be returned to Robyn’s custody at the present
time or in the reasonably near future.
12
B.
Whether it is in Jerimiah’s Best Interests to Terminate
Robyn’s Parental Rights
Having
found
section
232.116(1)(f)
satisfied,
we
must
still
determine whether terminating Robyn’s parental rights is in Jerimiah’s
best interests. In re S.J., 451 N.W.2d 827, 832 (Iowa 1990) (“While we
have indicated that children should not be made to suffer indefinitely in
parentless limbo, the child’s best interest may dictate to the contrary.”);
see Iowa Code § 232.116(2) (requiring the court to “give primary
consideration to the child’s safety, to the best placement for furthering
the long-term nurturing and growth of the child, and to the physical,
mental, and emotional condition and needs of the child” when
determining whether to terminate the rights of a parent). Jerimiah has a
close relationship with his older brothers.
likewise miss him.
siblings together.
He misses them and they
We have previously stated a preference to keep
In re A.M.S., 419 N.W.2d at 734 (stating “siblings
should not be separated without good and compelling reasons”).
However, this preference is not absolute. Our ultimate concern is the
best interests of the child. Robyn argues it is in Jerimiah’s best interests
to be with his family. We are certainly cognizant of the importance of
family integrity. This consideration, although valid, cannot overcome the
clear and convincing evidence it is in Jerimiah’s best future interests to
be free for adoption so he may be placed in a permanent and stable home
with consistent care.
He deserves the chance to start a new life even
though this means he has to leave behind the relationships he has with
his mother and brothers. We find that despite Jerimiah’s bond with his
brothers, it is in his best interests to terminate Robyn’s parental rights.
We note this is not one of the more egregious cases of neglect or
abuse.
See, e.g., In re J.K., 495 N.W.2d 108, 110–11 (Iowa 1993)
13
(parents were severe, chronic drug and alcohol abusers); In re A.R.S., 480
N.W.2d 888, 889–90 (Iowa 1992) (children sexually abused by their
mother and three of her male friends); In re Interest of C & K, 322 N.W.2d
76, 77–78 (Iowa 1982) (children lived in deplorable conditions). Nor do
we question Robyn’s love for her children. Nonetheless, our legislature
has established a limited time frame for parents to demonstrate their
ability to be parents. In this case, the standard is twelve months. Iowa
Code § 232.116(1)(f). “The legislature adopted the standard in the belief
that this period must be reasonably limited because, ‘beyond the
parameters of chapter 232, patience with parents can soon translate into
intolerable hardship for their children.’” In re C.K., 558 N.W.2d at 175
(quoting In re A.C., 415 N.W.2d 609, 613 (Iowa 1987)). “‘Children simply
cannot wait for responsible parenting.’”
N.W.2d at 495).
Id. (quoting In re L.L., 459
“It is simply not in the best interests of children to
continue to keep them in temporary foster homes while the natural
parents get their lives together.” Id. (citing In re J.L.P., 449 N.W.2d 349,
353 (Iowa 1989)).
Robyn was given approximately sixteen months to
demonstrate her ability to care for Jerimiah. She continues to struggle
with the same problems identified at the beginning of the juvenile court
proceedings. She has not benefited from DHS’s services and Jerimiah
continues to suffer.
She is unable to provide the structure and
consistency Jerimiah needs in order to be safe and reach his full
potential.
IV.
Conclusion
The State has proven by clear and convincing evidence Jerimiah
cannot be returned to Robyn’s custody presently or in the near future.
Despite Jerimiah’s bond with his brothers, it is in his best interests to
14
terminate Robyn’s parental rights so he may be placed in a permanent
home with adults who can properly care for him. We therefore agree with
the district court Robyn’s parental rights should be terminated.
DECISION OF COURT OF APPEALS VACATED; JUDGMENT OF
DISTRICT COURT AFFIRMED.
All justices concur except Cady, J., who concurs specially, and
Hecht, J., who takes no part.
15
128/06-0459, In the Interest of J.E.
CADY, J. (concurring specially).
I write separately to emphasize the “best interests of the child”
standard has taken on a new meaning, within the last decade, which
must be considered by courts in using the standard to make decisions to
terminate parent-child relationships.
A child’s safety and the need for a permanent home are now the
primary concerns when determining a child’s best interests. See In re
K.M., 653 N.W.2d 602, 608 (Iowa 2002) (noting “the child’s safety and
need for a permanent home” are “the concerns that clearly impact a
child’s best interests”). This has not always been the case, and reflects a
broader change in our country’s national policy regarding child welfare
laws. See In re C.B., 611 N.W.2d 489, 493–94 (Iowa 2000) (recognizing
and summarizing the effect of national legislation on Iowa’s child welfare
laws).
Before 1997, child welfare laws—including Iowa’s—focused on
reuniting the family unit. Id. at 493 (noting our prior legislation sought
“to prevent and eliminate the need for removal,” and “[t]he focus [wa]s on
services to improve parenting”); see, e.g., Deck v. State Dep’t of Human
Ress., 930 P.2d 760, 765 (Nev. 1997) (noting the district court put in
place a reunification plan that continued unsuccessfully for five years);
In re M.B., 565 A.2d 804, 810 (Pa. Super. Ct. 1989) (“One of the primary
purposes of the Juvenile Act is to preserve the unity of the family
whenever possible.”). Subsequently, and after Congress’s enactment of
the Adoptions and Safe Families Act of 1997 (ASFA), national and state
child welfare laws emphasized the importance of timely providing
children with appropriate custodial care. See In re K.M., 653 N.W.2d at
608 (“In recent years the focus in termination cases has shifted
16
somewhat from reunification of the family to the child’s best interests.”);
In re C.B., 611 N.W.2d at 493–95 (summarizing the change); see also In
re Lilley, 719 A.2d 327, 334–35 (Pa. Super. Ct. 1998) (recognizing the
impact of ASFA).
More specifically, ASFA dramatically changed the manner in which
this country treats children who have been removed from the care of
their parents and placed into foster care.
See Adoption and Safe
Families Act of 1997, Pub. L. No. 105-89, 111 Stat. 2115 (codified as
amended in scattered sections of 42 U.S.C.).
The legislation sets firm
deadlines for reunification, followed by prompt efforts to terminate
parental rights if those deadlines are not met. See 42 U.S.C. § 675(5)
(2006) (outlining the instances when termination of parental rights are
required).
ASFA’s goals seek to prevent children from languishing in
foster care by requiring parents to assume their parental responsibility
quickly. See In re C.M., 652 N.W.2d at 208 (“[T]he new federal law shifted
the focus from family reunification to ‘time-limited family reunification
services.’ ” (quoting 42 U.S.C. § 629(a)(7))); 42 U.S.C. § 675(5) (requiring
the state to file a petition to terminate parental rights if the child has
remained in foster care “for 15 of the most recent 22 months”).
Iowa reacted to this federal legislation and adopted many changes
to our child welfare laws in 1998. See S.F. 2345, 77th Gen. Assem., Reg.
Sess. (Iowa 1998) (codified as amended in scattered sections of Iowa
Code chapters 232, 237, 600). Among those changes are additions to
Iowa Code § 232.116, which provides the grounds by which a court may
terminate parental rights. Iowa Code § 232.116 (2005). Prior to ASFA,
Iowa Code § 232.116(2) stated “the court shall give primary consideration
to the physical, mental, and emotional condition and needs of the child”
17
when determining whether to terminate parental rights.
Iowa Code
§ 232.116(2) (1997). After ASFA, that subsection now reads “the court
shall give primary consideration to the child’s safety, to the best
placement for furthering the long-term nurturing and growth of the child,
and to the physical, mental, and emotional condition and needs of the
child.”
Iowa Code § 232.116(2) (emphasis added); see In re K.M., 653
N.W.2d at 606 (recognizing this distinction and holding the amended
changes constitutional).
Our response to ASFA did not change the approach we have
always taken in parental termination proceedings. Then and now, “our
primary concern is the best interests of the child.”
In re S.O., 483
N.W.2d 602, 604 (Iowa 1992) (citing In re Damon, 306 N.W.2d 743, 745
(Iowa 1981)). But our response to ASFA has significantly, and not too
subtly, identified a child’s safety and his or her need for a permanent
home as the defining elements in a child’s best interests. See In re K.M.,
653 N.W.2d at 608 (“[T]he amendment did not change the role of a child’s
best interests in the termination decision. They are now and have long
been of paramount importance in such matters. Rather, the [response to
ASFA] simply articulated the concerns that clearly impact a child’s best
interests: the child’s safety and need for a permanent home.”).
In bygone days, the best interests of a child was a broad concept
that embraced a multitude of considerations, and prominently focused
on the need to keep families together and to avoid the termination of
parental rights if at all possible.
No more.
We are obligated to
incorporate this new policy into the case before us, and it inevitably leads
us to the proper result and our disposition. The old policies underlying
our previous notions of a child’s best interests cannot be used by courts
18
to circumvent the new policies that are meant to keep children from
languishing in foster care.
We must apply this new rationale with
earnest in each case, as we have here, pursuant to the policies
established by our legislature.
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