Matter of Interest of Lbt, 318 N.W.2d 200 (Iowa 1982). · Go Syfert
Matter of Interest of Lbt, 318 N.W.2d 200 (Iowa 1982). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, 2019–2021 · 2 courts · …wherever possible brothers and sisters should be kept together . . . . at p. 202
34 citation events (29 in the last 25 years) across 3 distinct courts.
Strongest positive: W.M. and W.D. (iowa, 2021-04-02)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) W.M. and W.D.
Iowa · 2021 · quote attribution · 1 verbatim quote · confidence high
wherever possible brothers and sisters should be kept together . . . .
discussed Cited as authority (verbatim quote) In the Interest of P.J. and D.J., Minor Children
Iowa Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
wherever possible brothers and sisters should be kept together . . . .
discussed Cited as authority (verbatim quote) In the Interest of R.H., Minor Child, J.P. and K.P., intervenors/appellants.
Iowa Ct. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
wherever possible brothers and sisters should be kept together.
discussed Cited as authority (verbatim quote) In the Interest of N.S. and D.Q., Minor Children, J.S., Mother, D.Q., Father
Iowa Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
whenever possible should be kept together . . . .
cited Cited as authority (rule) In the Interest of D.D., M.D., and J.D., Minor Children
Iowa Ct. App. · 2024 · confidence medium
We recognize that “[w]herever possible brothers and sisters should be kept together.” In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982).
cited Cited as authority (rule) In the Interest of K.B., Minor Child
Iowa Ct. App. · 2023 · confidence medium
It is [in] both of their best interests.” Granted, we have recognized that “wherever possible brothers and sisters should be kept together.” In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982).
cited Cited as authority (rule) In the Interest of B.A., Minor Child
Iowa Ct. App. · 2022 · confidence medium
It is true that “[w]herever possible brothers and sisters should be kept together.” In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982).
discussed Cited as authority (rule) In the Interest of E.K., Minor Child
Iowa Ct. App. · 2021 · confidence medium
When possible, siblings should be kept together, In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982), and we find this particularly true for these siblings. 11 It is undoubtable that L.K. loves her child, but the detriment of severing the bond between mother and child does not overcome the grounds for termination.
discussed Cited as authority (rule) In the Interest of I.P., Minor Child
Iowa Ct. App. · 2019 · confidence medium
See, e.g., Iowa Code § 232.108 (requiring the DHS to make “reasonable effort to place the child and siblings together”); In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982) (favoring placement because of “the presence there of his natural brother and sister”); see also Jill Elaine Hasday, Siblings in Law, 65 Vand.
discussed Cited as authority (rule) In the Interest of M.M., Minor Child, R.M., Father, K.C., Mother
Iowa Ct. App. · 2017 · confidence medium
Further, as a matter of policy, “[o]ur supreme court has held that wherever possible brothers and sisters should be kept together.” In re T.J.O., 527 N.W.2d 417, 420 (Iowa Ct. App. 1994) (citing In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982)).
cited Cited as authority (rule) In the Interest of A.M.C., Minor Child, A.C., Mother
Iowa Ct. App. · 2016 · confidence medium
In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982).
cited Cited as authority (rule) In the Interest of T.G., T.G., S.G., and M.G., Minor Children, C.G., Mother
Iowa Ct. App. · 2016 · confidence medium
In re L.B.T., 318 N.W. 2d 200, 202 (Iowa 1982).
discussed Cited as authority (rule) In the Interest of J.W., Minor Child, A.W., E.D., Mother
Iowa Ct. App. · 2015 · confidence medium
See In re H.N.B., 619 N.W.2d 340, 345 (Iowa 2000) (noting the ability of prospective parents of children to maintain their heritage and culture 7 was a factor to be considered in future adoption proceedings); In re L.B.T., 318 N.W.2d 200, 201 (Iowa 1982) (noting the age and education of prospective parents was a factor in considering competing petitions to adopt a child); In re B.F., 526 N.W.2d 352, 356 (Iowa Ct. App. 1994) (“[A]lthough the social worker testified they are adoptable, no prospective parents have expressed a desire to adopt the children.”); In re C.L.C., 479 N.W.2d 340, 344 …
discussed Cited as authority (rule) In the Interest of B.R., Minor Child, K.R., Mother
Iowa Ct. App. · 2015 · confidence medium
Therefore, there are no exceptions to prevent termination in this instant case.” While we recognize the importance of the sibling relationship, see In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982) (stating siblings should be kept together whenever possible), the overriding concern is the child’s best interests.
discussed Cited as authority (rule) In the Interest of R.W., Minor Child, D.W., Mother
Iowa Ct. App. · 2015 · confidence medium
While we do not sever sibling relationships lightly, see In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982), these siblings have a contentious relationship, and any bond that may have existed has been weakened by that contention, and the fact they have not lived together for two years. 6 Giving primary consideration to “the child’s safety, . . . the best placement for furthering the long-term nurturing and growth of the child, and . . . the physical, mental, and emotional condition and needs of the child,” Iowa Code § 232.116 (2), we conclude termination of the mother’s parental rights to …
cited Cited as authority (rule) In the Interest of L.A., R.A., and M.A., Minor Children, N.F., Mother
Iowa Ct. App. · 2014 · confidence medium
Our supreme court has consistently recognized: “Wherever possible brothers and sisters should be kept together.” In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982).
cited Cited as authority (rule) In the Interest of A.S. and E.S., Minor Children, J.S., Mother
Iowa Ct. App. · 2014 · confidence medium
In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982); In re T.J.O., 527 N.W.2d 417, 420 (Iowa Ct. App. 1994).
discussed Cited as authority (rule) In the Interest of T.J.O. (2×)
Iowa Ct. App. · 1994 · confidence medium
In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982) (citation omitted).
discussed Cited as authority (rule) People in Interest of G.H.
S.D. · 1986 · confidence medium
Citing two Iowa cases, In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982), and Doan Thi Hoang Anh v. Nelson, 245 N.W.2d 511, 517 (Iowa 1976), mother asserts that brothers and sisters should not be separated and thereby lose the benefit of constant association without a showing of good and compelling reasons.
cited Cited as authority (rule) In Re the Adoption of M.M.B.
Iowa · 1985 · confidence medium
In re L.B.T., 318 N.W.2d 200, 201 (Iowa 1982).
cited Cited "see" In the Interest of C.B. and L.H., Minor Children
Iowa Ct. App. · 2024 · signal: see · confidence high
See In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982) (noting that “[w]herever possible brothers and sisters should be kept together”).
cited Cited "see" In the Interest of L.S., Minor Child
Iowa Ct. App. · 2018 · signal: see · confidence high
See In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982).
discussed Cited "see" In the Interest of L.C. and K.C., Minor Children (2×)
Iowa Ct. App. · 2018 · signal: see · confidence high
See in re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982).
cited Cited "see" In the Interest of T.B. and B.B., Minor Children
Iowa Ct. App. · 2018 · signal: see · confidence high
See In re L.B.T. , 318 N.W.2d 200 , 202 (Iowa 1982).
cited Cited "see" In the Interest of C.C., D.C., M.C., N.C., and S.C., Minor Children, T.C., Mother
Iowa Ct. App. · 2016 · signal: see · confidence high
See In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982).
cited Cited "see" In the Interest of E.H. and P.H., Minor Children, C.E., Mother
Iowa Ct. App. · 2016 · signal: see · confidence high
See In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982).
cited Cited "see" In the Interest of A.G. and B.B., Minor Children, M.B., Mother
Iowa Ct. App. · 2015 · signal: see · confidence high
See In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982).
cited Cited "see" In the Interest of S.P. and A.B., Minor Children, J.P., Mother
Iowa Ct. App. · 2015 · signal: see · confidence high
See In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982); Iowa Code § 232.108 (1).
cited Cited "see" In the Interest of M.M. and M.R., Minor Children, S.A., Mother, H.M., Father
Iowa Ct. App. · 2015 · signal: see · confidence high
See In re L.B.T., 318 N.W.2d 200, 202 (Iowa 1982); see also Iowa Code § 232.108 (1).
Retrieving the full opinion text from the archive…
In the Matter of the Interest of L. B. T., a Minor, E. W., Petitioner-Appellant,
v.
E. and H. B., Cross-Petitioners-Appellees, and Michael Reagan, as Commissioner of Iowa Department of Social Services, as Guardian of L. B. T., Appellee
66798.
Supreme Court of Iowa.
Apr 21, 1982.
318 N.W.2d 200
Robert A. Burnett, Jr., Des Moines, for appellant., Robert C. Oberbillig, Des Moines, for ap-pellees., Thomas J. Miller, Atty. Gen., John G. Black, Sp. Asst. Atty. Gen., and Brent D. Hege, Asst. Atty. Gen., for appellee Dept, of Social Services.
Legrand, Harris, McCormick, Larson, Schultz.
Cited by 31 opinions  |  Published
HARRIS, Justice.

There were competing petitions to adopt L. B. T. (Larry) who was born June 26, 1978. Petitioner provided foster care for Larry from the time he was four days old until after she filed her petition for adoption. A few weeks later Larry was removed by court order to another foster home. Cross-petitioners are adoptive parents of Larry’s older brother and sister. Rights of the natural parents were terminated and are not involved. The trial court determined the cross-petitioners, not the petitioner, should be allowed to adopt Larry and we agree.

Before his relationship with his parents was terminated Larry was placed in petitioner’s home on a foster basis for the period of much of his infancy. This was thought necessary in order to accord his natural parents the opportunity to develop into adequate parents. During the 28 months thus spent it was probably inevitable that a bond of affection should develop[*201] between the petitioner and Larry. Her claim stands almost entirely on that bond. As will be explained, the cross-petitioners in all other respects tower over the petitioner as potential adoptive parents.

Controlling principles are so well known that they tend to become obscured. Our review is de novo. § 600.14, The Code 1979. We give weight to but are not bound by the findings of the trial court. Iowa R.App.P. 14(f)(7). The central and controlling consideration is what is best for Larry. In sorting through the competing rights and claims in adoption or child custody matters, courts are sensitive to the crucial importance of the determination to be made. They are alert to the fact that a crushing blow will fall on any disappointed claimant and that the rights of all claimants are of first importance. But the various claimants’ rights must in the end yield to the best interests of the child. Matter of Adoption of Gustafson, 240 N.W.2d 674, 676 (Iowa 1976).

Petitioner is a 43 year-old widow. Her adult son, by her first marriage, lives in Illinois. Her second son, Ralph, was 14 years old at the time of trial. Petitioner was widowed when Ralph was 22 months old. Petitioner receives about $900 per month income from social security and veteran’s widow’s benefits.

She also receives income from babysitting which she does in her home. She is licensed for foster care. See chapter 237A, The Code. She has been foster mother to over 50 children. In this capacity she received Larry into her home June 30, 1978. Petitioner and Ralph are much involved in activities of their church. Ralph is in a program which provides him with a “big brother.” Petitioner sees this as helping provide Ralph with a male role model.

The social security benefits will cease when Ralph reaches his eighteenth birthday. Petitioner was paid about $150 per month for Larry’s foster care but she will not be relicensed.

Cross-petitioners are in their early thirties. Besides Larry there are three other adopted children, including Larry’s natural brother and sister. The cross-petitioners are both college graduates and live in a comfortable home. The prospective father operates a construction business; the prospective mother is part-time teacher at a nearby school. Their combined earnings come to about $25,000 per year. Theirs is a superior and closely knit family which is also much involved with their church.

In determining that the cross-petitioners should be allowed to adopt Larry the trial court listed eight matters:

(1) the respective age and education of the prospective parents;

(2) their financial abilities, with special consideration to medical and educational expenses;

(3) the advantages to be offered by a two-parent family when contrasted with a single-parent family;

(4) the comparative ability of the parties to give the child love, attention, and kindness;

(5) the physical structure and adequacy of the two homes;

(6) whether or not siblings should be kept together;

(7) the comparative ability of the two families to discipline the child, to inspire, nurture and educate him and develop his thinking processes; and

(8) the availability of other relatives to assist and support the adoptive parent-child relationship.

Although not included in the foregoing list the trial court explained its concern with the bonding attachment between petitioner and Larry and the trauma which might result upon his removal from a psychological parent’s home.

There was considerable evidence received to show that a psychological bonding occurs between a baby and the person who provides its care during the first year of life. The adult in such a relationship becomes a “psychological parent,” so that severance of the relationship thereafter is said[*202] to result in trauma and harm to the child. [1] We are persuaded that bonding and its effects are important matters to be considered and weighed in the balance.

Except for the fact of Larry’s long placement in the petitioner’s home and the relationship that resulted it is clear that on all counts the trial court was right in favoring the cross-petitioners. It would plainly be best for Larry to grow to manhood as a son of the cross-petitioners. We are especially struck by the presence there of his natural brother and sister. Wherever possible brothers and sisters should be kept together, a factor we have consistently recognized. Doan Thi Hoang Anh v. Nelson, 245 N.W.2d 511, 517 (Iowa 1976). It is important to Larry too that he will have the advantages of both a father and mother, who on this record seem better able to provide him with the support and direction he will need.

The developed relationship between petitioner and Larry is not enough to overtake the vastly superior advantages which the cross-petitioners can offer as adoptive parents.

AFFIRMED.

1

. In considering this factor we have been careful to be unaffected by the fact that Larry has already been removed from petitioner’s home.