Opinion
No. 5-154 / 05-0122.
March 16, 2005.
Appeal from the Iowa District Court for Polk County, Odell G. McGhee, II, District Associate Judge.
A mother appeals the order terminating her parental rights to her daughter. AFFIRMED.
Todd Babich of Babich, Goldman, Cashatt Renzo, P.C., Des Moines, for appellant.
Thomas Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Faye Jenkins, Assistant County Attorney, for appellee-State.
Nicole Garbis Nolan, Youth Law Center, guardian ad litem for minor child.
Considered by Sackett, C.J., and Zimmer and Hecht, JJ.
Cala is the mother of Lasha, who was born on May 15, 1998. The family first came to the attention of the Iowa Department of Human Services (DHS) in July of 2003 when concerns arose over Lasha's cleanliness, her lack of nutrition, and the drugs being brought into the home by Cala's roommate. After Cala lost her apartment due to her failure to pay rent, Lasha was removed from her care in August of 2003. Lasha was later adjudicated to be in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(n) (2003) based on Cala's mental condition which resulted in Lasha not receiving adequate care. On September 8, 2004, the State filed a petition to terminate Cala's parental rights. During a later hearing on the petition, Cala filed a consent to the termination. The court terminated Cala's parental rights under sections 232.116(1)(a), (b), (e), (f), (i), and (k). Cala appeals.
We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). While the district court terminated the parental rights on more than one statutory ground, we will affirm if at least one ground has been proved by clear and convincing evidence. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995).
On appeal, Cala seeks to revoke her consent to the termination. However, her effort to revoke her consent was not presented to the district court and was therefore not preserved for our review. We nonetheless elect to address the sufficiency of the evidence supporting the termination of Cala's parental rights while giving no consideration to Cala's consent. Upon our de novo review of the record, we conclude clear and convincing evidence supports the termination under section 232.116(1)(f) (child four or older, CINA, removed for twelve months, cannot be returned to parent's custody). The record amply supports the court's conclusion that Lasha cannot be returned to Cala's custody.
Cala has a long history of involvement with child services in Wisconsin, Kentucky, and Iowa. In 1999, authorities believed that Lasha was failing to thrive. When Lasha was four years old, authorities in Kentucky became concerned after it was discovered Lasha was still using a bottle, pacifier, and diapers. Upon returning to Iowa in the summer of 2003 after having lived elsewhere for some time, services were again provided to Cala because she failed to provide her child appropriate nutrition and hygiene. When Lasha was removed from her mother's care in 2003, she weighed only twenty-seven pounds, indicating she was below the fifth percentile for her age of five years.
Cala has a history of mental challenges which have affected her care of Lasha. A 2003 psychosocial evaluation documented her mental retardation, obsessive-compulsive traits, schizotypal features, sadistic features, and a delusional disorder manifested by paranoia, jealousy, and persecutory beliefs. Cala denied these psychological findings and was inconsistent in attending appointments with the psychiatrist to whom she was referred.
Despite the many years of services, Cala has not made sufficient progress to enable the safe return of Lasha to her custody. Lasha is now six years old and deserves the permanency, stability, and care which have been absent thus far in her life. Accordingly, we affirm the order terminating Cala's parental rights.