 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
In re F.B.8/17/2005
A mother appeals from a juvenile court order terminating her parental rights to two children. The children's maternal grandmother appeals from that part of the termination order transferring guardianship and custody of the children to the Iowa Department of Human Services. AFFIRMED ON BOTH APPEALS.
Considered by Sackett, C.J., and Mahan and Miller, JJ.
Cassandra is the mother of Tyson, born in July 2001, and Faith, born in April 2003 ("the children"). Tyson's father is unknown. Faith's putative father is Andrew. Cindy is Cassandra's mother. Cassandra appeals from a May 13, 2005 juvenile court order terminating her parental rights to the children. Cindy, as an intervenor, appeals from the part of the termination order transferring guardianship and custody of the children to the Iowa Department of Human Services (DHS). (The juvenile court's order also terminated any parental rights of Andrew to Faith, but his parental rights are not at issue in these appeals.) We affirm on both appeals.
Cassandra has suffered from bipolar affective disorder since early childhood. She was sixteen years of age when Tyson was born. When he was about three months of age she placed him in Cindy's care, and Cindy and Cindy's husband were established as his legal guardians.
In early October 2003, when Faith was between five and six months of age, Cassandra consented to Faith's temporary removal. Faith was failing to thrive, Cassandra was facing a domestic abuse charge, and Cassandra continued to have bipolar disorder. Faith was placed in Cindy's temporary custody. The State filed a petition alleging Faith was a child in need of assistance (CINA) and the court appointed counsel to represent Cassandra. In November 2003 the juvenile court adjudicated Faith a CINA and continued her temporary custody with Cindy pending a disposition hearing. Following a January 6, 2004 disposition hearing the court placed Faith in the temporary legal custody of the DHS for foster care placement. Faith has thereafter remained in foster family care.
On January 9, 2004 the State filed a petition alleging Tyson was a CINA, and the juvenile court appointed counsel to represent Cassandra. The petition alleged Cassandra continued to have bipolar disorder, she was noncompliant with services, she was unable to parent safely and properly, and Cindy had let Cassandra have unsupervised access to Tyson despite the issues and problems Cassandra had in attempting to parent Faith. Following an adjudication hearing the court found the allegations sustained, but withheld adjudication pending the disposition hearing and ordered that Tyson's temporary legal custody and guardianship be placed with Cindy. Following a May 26, 2004 disposition hearing the court adjudicated Tyson a CINA and placed him in Cindy's temporary legal custody.
As part of its May 26 disposition order the court appointed an attorney as guardian ad litem for Cassandra. However, on June 7 the court relieved this guardian ad litem of his duties, finding " he Public Defender's Office does not recognize GAL's for parents."
The State filed an application on November 3, 2004, seeking modification of Tyson's placement. As grounds it alleged: "Custodian Cindy [ ] admits to using prescription medications prescribed to another person, suspicion of meth use & noncompliance with requests for UA's. Confirmation came back negative but suspicious. Admits to being around persons who use methamphetamine." The juvenile court ordered Tyson placed in the temporary legal custody of the DHS and scheduled a modification hearing for November 24. Following that hearing the court continued Tyson's custody with the DHS, for foster home placemen
Page 1 2 3 4 5 6 Iowa Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|