Opinion
No. 2-443 / 02-0310.
Filed May 31, 2002.
Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.
Mother appeals the order terminating her parental rights to Breanna, Dustin, and Raven. Raven's father appeals the termination of his rights. AFFIRMED.
William H. Appel, Ottumwa, for appellant-father.
Jeffrey Logan of the Curran Law Office, Ottumwa, for appellant-mother.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Victoria Siegel, County Attorney, and Karen Woltman, Assistant County Attorney, for appellee-State.
Cynthia Hicks of Box Box, Ottumwa, guardian ad litem for minor children.
Considered by Vogel, P.J., and Miller and Vaitheswaran, JJ.
Sharjane F. appeals the termination of her parental rights to Breanna, born June 7, 1996, Dustin, born March 7, 1998, and Raven, born May 3, 1999. Raven's father, Darryl F., appeals the termination of his parental rights. Breanna's and Dustin's father's rights are not at interest in this appeal. We affirm.
Sharjane and Darryl voluntarily placed the children in foster care in January of 2000 when Sharjane was admitted to a psychiatric unit following an argument with Darryl. In February of 2000, Breanna, Dustin, and Raven were adjudicated children in need of assistance pursuant to Iowa Code sections 232.2(6)(b), (c)(2), (e), and (n) (1999), based on a lack of medical care provided to them, grossly unsanitary living conditions, Sharjane's hospitalization, and Darryl's alcohol abuse. On February 15, 2002, the juvenile court terminated Sharjane's parental rights to all three children under section 232.116(1)(c), to Breanna under section 232.116(1)(e), and to Dustin and Raven under section 232.116(1)(g). The court also terminated Darryl's parental rights to Raven under sections 232.116(1)(c) and (g). We review these termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991).
These provisions are now codified at Iowa Code sections 232.116(1)(d), (f), and (h) (Supp. 2001).
While the district court terminated the parental rights on more than one statutory ground, we only need to find grounds to terminate parental rights under one of them in order to affirm. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995). We conclude the court properly terminated Sharjane's and Darryl's parental rights pursuant to section 232.116(1)(c), which requires a showing that (1) the child has been adjudicated in need of assistance after being physically abused or neglected, and (2) the parents were offered services but the circumstances which led to adjudication continue to exist. Sharjane and Darryl were offered various services such as family centered services with First Resources Corp., mental health services at Southern Iowa Mental Health Center, social work through the Department of Human Services, substance abuse treatment through AA/NA, and supervised visits, including trial home visits with the children. Their acceptance of these services was sporadic and, although their progress at first was promising, Sharjane and Darryl never were able to correct the problems that led to the children's adjudication in the first place. The home remained unsafe and unsanitary. Sharjane's and Darryl's mental health and substance abuse problems remained untreated.
Now codified at Iowa Code § 232.116(1)(d) (Supp. 2001).
Both Sharjane and Darryl contend that, even if the State did establish all the statutory elements necessary for termination, it failed to prove termination was in the children's best interests. Even if the statutory requirements for termination are met, the court need not terminate if it is not in the best interest of the child. Iowa Code § 232.116(3).
Sharjane and Darryl had numerous opportunities to regain custody of their children. Both were demonstrating a willingness to work with the service providers and by all reports, reunification remained likely. Unfortunately for all concerned, the parents were not able to maintain progress, and eventually slipped back to the point of beginning. Meanwhile, the children suffered from delay and disappointment. The juvenile court realized the hopelessness of the situation and terminated parental rights, and we affirm.
AFFIRMED.