Opinion
No. 5-884 / 05-1681
Filed November 23, 2005
Appeal from the Iowa District Court for Pottawattamie County, Gary K. Anderson, District Associate Judge.
A mother appeals the juvenile court order terminating her parental rights to her minor child. APPEAL DISMISSED.
William F. McGinn of McGinn, McGinn, Jennings Springer, Council Bluffs, for appellant-mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Matthew D. Wilber, County Attorney, and Dawn Eimers, Assistant County Attorney, for appellee-State.
Roberta Megel, Council Bluffs, for appellee-father.
Ryan Sewell, Council Bluffs, guardian ad litem for child.
Considered by Sackett, C.J., and Vogel and Eisenhauer, JJ.
I. Background Facts Proceedings
Kim appeals the termination of her parental rights to her son Devon, which the district court ordered under Iowa Code sections 232.116(1)(e) and (j) (2005). Devon was removed from his parents' care in December 2004 after both were involved in a bank robbery while Devon was in the vehicle they drove. At the time of the termination hearing both parents were in prison.
Kim's appeal raises an issue concerning section 232.116(1)(c), which was not one of the bases for the termination. Kim does not challenge the termination of her parental rights under sections 232.116(1)(e) or (j), and we therefore conclude she has not preserved error on appeal. See Iowa R. App. P. 6.14(1)( c) ("Failure in the brief to state, to argue or to cite authority in support of an issue may be deemed waiver of that issue."); In re N.W.E., 564 N.W.2d 451, 455 (Iowa Ct.App. 1997) (noting that an issue which was not raised before the juvenile court may not be raised for the first time on appeal).
Even if we were to consider the merits of Kim's appeal, we would affirm the decision of the juvenile court. Kim is serving a ten-year sentence, and it is unlikely she would be able to effectively parent Devon in the near future. She also has unaddressed issues of substance abuse and mental health problems.
APPEAL DISMISSED.
Eisenhauer, J., concurs; Sackett, C.J., concurs specially.
I concur specially.
I agree with the majority opinion for the reasons set out therein, but find further support for termination insomuch as the grandmother caring for Devon supports termination so she can adopt him.