Opinion
No. 3-078 / 02-1659
Filed February 12, 2003
Appeal from the Iowa District Court for Polk County, Karla Fultz, Associate Juvenile Judge.
A mother appeals the termination of her parental rights to her minor children. AFFIRMED.
Jolie B. Juckette, Des Moines, for appellant mother.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, John Sarcone, County Attorney, and Jon Anderson, Assistant County Attorney, for appellee State.
Yvonne C. Naanep, Des Moines, guardian ad litem for the minor children.
Considered by Vogel, P. J., and Miller and Eisenhauer, JJ.
A mother appeals the termination of her parental rights to her minor children pursuant to Iowa Code sections 232.116(1)(b), (d), (g) and (h) (Supp. 2001). She does not dispute the grounds for termination were met, but contends the court erred in terminating her parental rights because custody of the children could be placed with a relative. We review this claim de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).
Iowa Code section 232.116(3)(a) states that the court need not terminate parental rights if the child is in the legal custody of a relative. The mother's sister was allowed to intervene in the child in need of assistance proceedings. At a hearing on March 13, 2002, the court told the sister what she needed to do to be considered as a placement for the children. By July 15, 2002, the date of the termination hearing, she had not met the court's expectations. The children were not in the legal custody of a relative at the time of the termination.
Even if a relative had legal custody of the children, section 232.116(3)(a) is permissive, not mandatory. In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct.App. 1997). The juvenile court has the discretion to apply this section, and not terminate parental rights based on the circumstances before it and the best interests of the children. Id. We conclude termination is in the children's best interest. The mother has not seen her children since March 2002. She has not participated in services. She is unable to support the children, and admitted in testimony that she cannot care for them. The State has an obligation to establish
child custody quickly so that children do not suffer indefinitely in parentless limbo. In re C.M., 652 N.W.2d 204, 211 (Iowa 2002). Termination was proper.