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IN THE COURT OF APPEALS OF IOWA No. 8-965 / 08-1604 Filed December 31, 2008

IN THE INTEREST OF R.J.-B., Minor Child, L.B.J., Mother, Appellant, H.J., Father, Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Jefferson County, William S. Owens, Associate Juvenile Judge.

A mother and father appeal the juvenile court order adjudicating their son, R.J.-B., a child in need of assistance. AFFIRMED.

Patricia J. Lipski, Fairfield, for appellant mother. William C. Glass, Keosauqua, for appellant father. Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, Tim W. Dille, County Attorney, and Patrick McAvan, Assistant County Attorney, for appellee State. Mary Baird Krafka of Krafka Law Office, Ottumwa, for minor child.

Considered by Vogel, P.J., and Mahan and Miller, JJ.

2 MAHAN, J. A mother and father appeal the juvenile court order adjudicating their son, R.J.-B., a child in need of assistance. We affirm. I. Background Facts and Prior Proceedings. R.J.-B. most recently came to the attention of the Iowa Department of Human Services (DHS) in May 2008 when a child protection worker, Deb Johnson, received an allegation that R.J.-B.'s mother had threatened to kill him with a knife. Johnson went to speak with R.J.-B. at his school. R.J.-B. said he had been accused of stealing gum from a store, that he had been confronted by his mom, and that she pulled a butcher knife on him. He stated that his father took the knife from her. Johnson, accompanied by Sergeant G. A. Francisco went to speak to R.J.-B.'s mother, L.B.J., who indicated she would not answer any questions and wished to contact her lawyer. Johnson left her business card. Johnson later received a telephone call from Francisco indicating R.J.-B. had been dropped off at the law enforcement center by his father, who had said nothing to anyone at the center. Johnson went to the law enforcement center and spoke with Francisco. She learned that R.J.-B.'s father, H.J., had called the center some time after dropping off R.J.-B. and told them to find a place for his son and that he was not going to take him home. H.J. was told to come and get R.J.-B. However, when he arrived, officers smelled alcohol on his breath and arrested him.1 In light of the allegations of the knife and H.J.'s arrest, a determination was made
1

Apparently there was also a warrant out for his arrest.

3 that R.J.-B. would not be safe going home and Johnson was called. Johnson spoke with L.B.J. at the law enforcement center and asked her to sign a voluntary placement agreement, which she refused to do. Johnson then

arranged for R.J.-B. to be placed in a shelter because no foster home placement was available. An application for temporary removal and a CINA petition were filed. A temporary removal hearing was held. R.J.-B.'s parents were given notice, but did not attend. The parties present, including R.J.-B.'s guardian ad litem,

stipulated that an earlier ex parte removal could be confirmed and that legal custody should remain with DHS for purposes of placement in shelter/foster care. An adjudicatory hearing was held on August 6 and 13, 2008. L.B.J.

testified that R.J.-B. was living with L.B.J.'s mother (R.J.-B.'s grandmother) and two siblings in an apartment before being placed in the shelter. The apartment had an occupancy limit of four persons and, consequently, L.B.J. was living in a homeless shelter; R.J.-B.'s father, H.J., was living with a friend. Johnson testified about the circumstances leading to R.J.-B.'s removal from parental custody. She stated that both L.B.J. and H.J. adamantly denied any incident involving a knife, but acknowledged there had been a confrontation because they were upset after receiving information that R.J.-B., while out with his eleven-month-old brother, and taken some gum from a convenience store. Johnson also testified that H.J. told her, "If I didn't drop him off there, I was gonna do something to seriously hurt this kid." She testified that the parents had longterm issues with R.J.-B. and his behavior, including his lying and stealing, and that their frustration with R.J.-B. placed him at risk. Johnson had further

4 discussions with R.J.-B., who recanted his allegations, but would not talk about matters at home. Consequently, Johnson testified she did not confirm the initial abuse report. Johnson testified that she continued to have concerns about R.J.-B.'s safety, however, due to prior CINA adjudications related to founded abuse and denial of supervision reports in 2004 and 2005. She testified that R.J.-B. had previously been removed from L.B.J.'s home and had stayed several months at the Independence Mental Health Institute. He returned home in March 2006 and was to continue individual therapy and medication. She stated R.J.-B. was no longer on medication and was not receiving individual therapy. Johnson testified R.J.-B. continues to have behavioral and mental-health issues and he was having behavior problems at the shelter. She testified that based upon evaluations by Drs. Jerald Catron and Christopher Okiishi, she recommended that R.J.-B. receive individual counseling. She stated she had concerns about a lack of parental involvement and cooperation and the possibility of physical abuse, particularly if there were no services or adjudication. H.J. testified that R.J.-B. had been caught shoplifting in the past and that on the day he dropped R.J.-B. off at the law enforcement center it was a result of another instance of shoplifting and R.J.-B. making allegations about his mother's behavior. H.J. testified he told R.J.-B.: "Well, you know what? Nobody wants to hold you accountable for your actions, so you don't want to behave, you don't want to listen to me, you don't want to listen to your mom, so I'm gonna take you to where they deal with people that don't

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