Opinion
No. 2-029 / 01-0906.
Filed March 13, 2002.
Appeal from the Iowa District Court for Plymouth County, MARY JANE SOKOLOVSKE, Judge.
The mother appeals the termination of her parental rights to two of her six children, contending termination was not in the children's best interests. AFFIRMED.
Martha McMinn, Sioux City, for appellant.
Thomas J. Miller, Attorney General, Mary Pippin, Assistant Attorney General, and Darin Raymond, County Attorney, for appellee-State.
Michael O'Brien, Public Defender's Office, Sioux City, for father.
John Polifka of the Juvenile Law Center, Sioux City, for minor children.
Considered by SACKETT, C.J., and ZIMMER and VAITHESWARAN, JJ.
A mother appeals from the termination of her parental rights to two of her six children. She contends termination was not in the children's best interests. We affirm.
I. Background Facts and Proceedings .
Lori is the mother of Joey, born in 1981; Crystal, born in 1982; Gabriel, born in 1984; Micah, born in 1986; Sarah, born in 1991; and Benjamin, born in 1993. Alvin is the biological father of the older four children and the adoptive father of Sarah and Benjamin. His rights are not at issue in this appeal.
Lori has a long history of alcohol and drug abuse and dysfunctional relationships. Her family first came to the attention of the Iowa Department of Human Services (DHS) in September 1997 when Alvin physically abused Crystal. The family came to the attention of DHS again in 1998 when Alvin sexually abused Crystal. A third abuse report was received in September 1998 when Lori allowed contact between Alvin and Crystal in violation of a no-contact order.
In November 1998, a petition was filed alleging all six children were in need of assistance. Lori was offered a variety of services. All of the children except Joey, who had attained the age of majority, were adjudicated as being in need of assistance in January 1999. Following adjudication, the children were placed with Lori, subject to the protective supervision of DHS.
In May 1999, a dispositional hearing was held and the children were allowed to remain with their mother under the protective supervision of DHS. Numerous services were offered to Lori and the family. At the hearing, the court heard evidence that Benjamin and Sarah were coming to school unprepared for classes. The teachers of both children reported that Lori did not respond to notes sent home to address their concerns.
Prior to the next juvenile court hearing, Lori was involved in an automobile accident and charged with operating while intoxicated. She pled guilty and was ordered to serve jail time and participate in substance abuse treatment. Lori continued to receive services and began addressing her drinking problem through counseling.
Another review hearing was held in December 1999. Lori acknowledged she was unable to provide care and supervision for her children. As a result, the court ordered custody of the children transferred to the Department of Human Services for placement with a relative or in family foster care. Lori entered a halfway house for substance abuse treatment. She left against medical advice about a week after her admission. She later re-entered the program, but was discharged in February 2000 for breaking house rules. Lori failed to complete the program. The next review hearing was held in June 2000. With the exception of remaining sober for some time, Lori failed to follow the case plan set forth in prior juvenile court orders. Her contacts with her children remained chaotic.
In January 2001, the State filed a petition to terminate Lori's and Alvin's parental rights vis-a-vis Sarah and Benjamin. Following a hearing, the juvenile court terminated Lori's parental rights to both children. Alvin's parental rights were also terminated. Lori appealed. Alvin, who remains in prison for sexually abusing Crystal, did not appeal the termination of his parental rights.
II. Standard of Review .
Termination proceedings are reviewed de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). Although they are not binding, we give weight to the juvenile court's findings of fact, especially when considering the credibility of witnesses. Id. The primary interest in termination proceedings is the best interest of the children. Id. The State has the burden to prove the allegations of the petition by clear and convincing evidence. See Iowa Code § 232.116 (1999).
III. Termination of Parental Rights .
The court terminated Lori's parental rights pursuant to Iowa Code sections 232.116(1)(c) and 232.116(1)(e). Lori does not contest the sufficiency of evidence to support termination under either of the grounds relied on by the juvenile court. Instead, she argues terminating her parental rights does not serve the children's best interests. Her brief on appeal also suggests termination is not appropriate pursuant to sections 232.116(3)(b) and (c). Because the district court did not address these code sections and the mother failed to bring the issue to the attention of the trial court in an Iowa Rule of Civil Procedure 179(b) motion, we find she has failed to preserve error on the issue. See In re A.H.M., 516 N.W.2d 867, 872 (Iowa 1994). As a result, we need only consider the mother's argument that termination was not in the children's best interests.
Even if the statutory requirements for termination are met, the decision to terminate must be in the best interest of the children . In re C.W., 554 N.W.2d 279, 282 (Iowa Ct. App. 1996). In assessing the best interest of the children, we must evaluate their long-range as well as immediate interests. In re K.F., 437 N.W.2d 559, 560 (Iowa 1989). We consider what the future likely holds for the children if returned to their parents. Id. We gain insight into the children's prospects by reviewing the evidence of the parent's past performance for it may be indicative of the parent's future capabilities. In re M.S., 519 N.W.2d 398, 400 (Iowa 1994).
We find termination of Lori's parental rights to be in the best interest of the children. Lori has a long history of failing to provide her children with proper care. Despite more than three years of services, she made little actual progress in parenting her children. Lori has been unable to put her children's needs above her own. She is simply unable to provide her children with a safe and stable home. The record reveals that she blames her children for being in foster care. While the law demands a full measure of patience with a troubled parent who attempts to remedy a lack of parenting skills, this patience has been built into the statutory scheme of Iowa Code chapter 232. C.B., 611 N.W.2d at 494. Children should not be forced to await the maturity of a natural parent. Id. "At some point, the rights and needs of a child rise above the rights and needs of a parent." In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct. App. 1997).
Sarah and Benjamin have waited long enough for their mother to overcome her problems and become a responsible parent. They need to be given an opportunity to establish permanency and stability in their young lives. It is in their best interest that the parental rights of Lori be terminated so they can move forward to form new family relationships. We affirm the juvenile court's finding that termination of Lori's parental rights is in the children's best interest.
AFFIRMED.