Opinion
No. 3-642 / 03-1120
Filed August 27, 2003
Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge.
A mother and father appeal the termination of their parental rights to their children. AFFIRMED.
Donald L. Williams, Des Moines, for appellant Father. Bryan J. Tingle, Des Moines, for the appellant Mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, John Sarcone, County Attorney, and Celene Coffman, Assistant Polk County Attorney, for appellee State.
Michael Bandstra, Des Moines, guardian ad litem for the children.
Considered by Huitink, P.J., and Vaitheswaran and Eisenhauer, JJ.
A mother and father appeal the termination of their parental rights to their children. They do not dispute the State has proven the grounds for termination by clear and convincing evidence. Instead, they contend termination is not in the best interest of the children. We review their claim de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).
The children were adjudicated in need of assistance after their mother abandoned them in May 2002 at the YESS Crisis Nursery. She told the nursing staff she was homeless and could not provide for her children. With the exception of sending one birthday card, the mother has not had any contact with her children and was incarcerated at the time of the termination hearing. The father was incarcerated from April until December 2002 on child endangerment charges stemming from an incident involving whipping two of the children with a braided leather belt. Two weeks after his release from prison, the father returned to drug use. His whereabouts were unknown until he was arrested in February 2003 for second-degree theft, interference with official acts, possession of marijuana, and possession of drug paraphernalia. The father remained incarcerated at the time of the termination hearing.
The parents seek additional time to resume parenting. The future can be gleaned by the parents' past performance. In re T.B., 604 N.W.2d 660, 662 (Iowa 2000).
The children should not be forced to endlessly suffer in parentless limbo. See In re E.K., 568 N.W.2d 829, 831 (Iowa Ct.App. 1997). "At some point, the rights and needs of the child rise above the rights and needs of the parents." In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct.App. 1997). We conclude termination is in the best interest of the children.