Summary
concluding that history of domestic violence and alcohol abuse supported termination of father's parental rights
Summary of this case from In re Interest of K.C.Opinion
No. 4-433 / 04-0685.
June 23, 2004.
Appeal from the Iowa District Court for Scott County, Mark Cleve, Judge.
A mother and father appeal the termination of their parental rights. AFFIRMED.
Brenda Drew-Peeples, Davenport, for appellant-father.
Robert Phelps, Davenport, for appellant-mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, William E. Davis, County Attorney, and Gerda Lane, Assistant County Attorney, for appellee.
Catherine Alexander, of Zamora, Taylor, Clark, Alexander Woods, Davenport, for the minor child.
Considered by Mahan, P.J., and Zimmer and Eisenhauer, JJ.
A mother and father appeal the termination of their parental rights to their child. Both parents contend the grounds for termination have not been proven by clear and convincing evidence. The mother also contends reasonable efforts were not made to reunite her with her child. We review these claims de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).
The mother's parental rights were terminated pursuant to Iowa Code sections 232.116(1)(g) and (h) (2003). The father's parental rights were terminated pursuant to Iowa Code sections 232.116(1) ((b), (e), and (h). We need only find termination proper on one ground to affirm. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995). Termination is proper under section 232.116(1)(h) where:
(1) The child is three years of age or younger.
(2) The child has been adjudicated a child in need of assistance pursuant to section 232.96.
(3) The child has been removed from the physical custody of the child's parents for at least six months of the last twelve months, or for the last six consecutive months and any trial period at home has been less than thirty days.
(4) There is clear and convincing evidence that the child cannot be returned to the custody of the child's parents as provided in section 232.102 at the present time.
Iowa Code § 232.116(1)(h). There is no dispute the first three elements have been met. Instead, the parents argue the State failed to prove by clear and convincing evidence the child could not be returned to their care.
The mother has previously had four children removed from her care. As a result, C.M. was removed from the mother's care shortly after her bih in August 2002. Over the years, the mother has received numerous services to help improve her parenting skills. The juvenile court found the mother has made significant progress in improving her economic circumstances during the pendency of this case. However, the mother has not been able to make such improvement in her parenting skills.
The mother argues that while her parenting skills are not perfect, they are adequate. However, other circumstances make returning the child to the mother's care at this time inappropriate. Although the mother and father denied living together, the juvenile court found their denials lacked credibility. We give credence to the trial court's credibility findings. In re J.W., 528 N.W.2d 657, 659 (Iowa Ct.App. 1995). The mother has a history of being abused by the father, and such acts of domestic abuse render the mother's home unsafe for the child.
Despite his history of domestic violence, the father failed to obtain the domestic violence treatment required by the court. There is also evidence that the father has not fully resolved his alcohol abuse issues.
Because the child is an infant, the parents were offered three visits with the child per week to establish a bond. However, the parents only wanted two visits. Neither parent has developed a bond with the child. The father missed visits, fell asleep during visits, and ceased any visitation after May 2003.
We conclude the State has proved the grounds for termination of both parents' rights under section 232.116(1)(h) by clear and convincing evidence. The parents' past actions are evidence of the future quality of their care. See In re T.B., 604 N.W.2d 660, 662 (Iowa 2000). The child should not be forced to endlessly await the maturity of her natural parents. In re C.B., 611 N.W.2d 489, 494 (Iowa 2000). "At some point, the rights and needs of the child rise above the rights and needs of the parent." In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct.App. 1997).
The mother contends reasonable efforts were not made to reunite her with her child. She argues a checklist sent to her by the Department of Human Services in October 2002 did not contain all of the requirements for her to regain custody of her child. More specifically, she urges the State led her to believe she needed a stable home and income in order to regain custody of her child. Then, when she demonstrated some stability in her job and housing, and only then, did the State indicate she was otherwise incapable of providing a safe home for the baby. However, the grounds for adjudication were the mother's "parenting deficiencies" and "choice of lifestyle". Also, the case permanency plans adopted by the court, done in English and Spanish, identified the problems of home instability, lack of supervision of her children, and domestic abuse and offered services to remedy these deficiencies. We conclude reasonable efforts were made to reunite the mother and child. In addition to the services provided to the mother during this action, the mother received years of services prior to this case. We affirm.
AFFIRMED.