Opinion
No. 5-374 / 05-0469
Filed May 25, 2005
Appeal from the Iowa District Court for Carroll County, James A. McGlynn, Associate Juvenile Judge.
A mother and father appeal from a juvenile court order adjudicating their daughter to be a child in need of assistance. AFFIRMED.
Mark Rasmussen of Rasmussen Law Office, Jefferson, for appellant-mother.
Christopher C. Polking of Polking Law Office, Carroll, for appellant-father.
Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, John Werden, Jr. County Attorney, and Tina Meth Farrington, Assistant County Attorney.
Patrick Hall, Carroll, guardian ad litem for minor child.
Considered by Vogel, P.J., and Miller and Hecht, JJ.
Heather is the mother, and Adam the father, of a daughter, Tori, born in October 2003. Both parents appeal from a juvenile court order adjudicating Tori to be a child in need of assistance (CINA). We affirm.
On November 29, 2004, the State filed a petition alleging Tori was a CINA. Following a contested hearing, on March 9, 2005, the juvenile court adjudicated Tori a CINA under Iowa Code section 232.2(6)(c)(2) (2005). Following a subsequent hearing the court entered a dispositional order on March 24, 2005. Both parents appeal.
Our review of CINA 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 findings of fact, we are not bound by them. Id. Our fundamental concern is the best interests of the child. Id. The State has the burden of proving the allegations by clear and convincing evidence. Iowa Code § 232.96(2). "Clear and convincing evidence" is evidence leaving "no serious or substantial doubt about the correctness of the conclusion drawn from it." In re D.D., 653 N.W.2d 359, 361 (Iowa 2002) (quoting Raim v. Stancel, 339 N.W.2d 621, 624 (Iowa Ct.App. 1983)).
On appeal each parent claims the juvenile court erred in finding the State proved the grounds for adjudicating Tori a CINA under Iowa Code section 232.2(6)(c)(2). On our de novo review, we find clear and convincing evidence supports the adjudication made by the juvenile court.
Iowa Code section 232.2(6)(c)(2) defines a CINA as a child "[w]ho has suffered or is imminently likely to suffer harmful effects as a result of . . . [t]he failure of the child's parent . . . to exercise a reasonable degree of care in supervising the child." The State has a duty to see that every child within its borders receives proper care and treatment. In re D.T., 435 N.W.2d 323, 329 (Iowa 1989). Our juvenile statutes are designed to effectuate that duty. In re M.M., 483 N.W.2d 812, 814 (Iowa 1992). The provisions of Iowa Code chapter 232 are preventative as well as remedial. See In re L.L., 459 N.W.2d 489, 494 (Iowa 1990) (affirming termination of parental rights). "Their goal is to prevent probable harm to the child; they do not require delay until after the harm has happened." In re T.A.L., 505 N.W.2d 480, 483 (Iowa 1993).
The State's CINA petition was filed as a result of a November 16, 2004 incident of domestic violence between Heather and Adam, who married in June 2003. At the time of this incident Heather was twenty years of age and Adam was nineteen. They argued rather loudly in their apartment over a period of several minutes, resulting in a third person calling the police. The argument culminated in a set-to in which each received apparently minor injuries. Tori was present in the apartment throughout the argument and resulting physical violence, although she apparently did not see her parents' assaults upon each other. Heather and Adam were each charged with domestic abuse assault. Services commenced. Adam pled guilty and received a deferred judgment with one year of probation. It appears the charge against Heather will ultimately be dismissed.
The question before us might be close if the incident leading to the CINA petition were an isolated event. However, the evidence shows that as of November 2004 Heather and Adam had known each other for some four years, their relationship had existed for most of that time, and their relationship had been plagued by arguments and violence. Adam had been arrested for domestic violence directed at Heather in April 2003. He believes he pled guilty to and received a deferred judgment for assault. Heather had been arrested for domestic violence directed at Adam in June 2003. The record does not appear to indicate the resulting disposition. Heather indicated that the disputes between Adam and her had resulted in physical violence on average each four months during the several years their relationship had existed.
There is also evidence which was presented to the juvenile court concerning the nature of domestic violence and the effects it often has on children. The testimony of a bachelor's degree-educated, well-experienced child protective worker concerning professional research and literature shows that domestic violence typically increases in nature over time, with the incidents becoming more intense. It also shows children become injured during domestic violence and are adversely emotionally impacted through awareness of domestic violence, even if they have not been immediately physically present when the violence occurs. The testimony further shows that children lack proper supervision when parents are fighting outside the children's presence.
We conclude the juvenile court properly adjudicated Tori to be a CINA. Her parents' longstanding and ongoing domestic violence left her imminently likely to suffer harmful effects as a consequence of their resulting failure to exercise a reasonable degree of care in supervising her. While there is no evidence of physical injury to Tori, and no specific evidence that she has yet suffered emotional injury, it would be imprudent to await such harm to befall her. See In re L.L., 459 N.W.2d at 494 (noting statutory provisions are preventative as well as remedial). Tori's parents' ongoing domestic violence justifies her adjudication as a CINA to secure the juvenile court intervention necessary to address the violence and attempt to protect her from imminent harm.
AFFIRMED.