Opinion
No. 2-629 / 01-1936.
Filed August 14, 2002.
Appeal from the Iowa District Court for Polk County, JOE E. SMITH, Judge.
Mother and two fathers appeal the termination of their parental rights to their children. AFFIRMED.
Lori Holm, Des Moines, for appellant-mother.
Jeffrey Mains of Benzoni Mains, P.L.C., Des Moines, for appellant-father M.H.
Bryan Tingle of Tingle, Knight, Webster and Juckette, P.L.C., Des Moines, for appellant-father J.W.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, John Sarcone, County Attorney, and Jennifer Galloway, Assistant County Attorney, for appellee-State.
Michael Sorci of Youth Law Center, Des Moines, guardian ad litem for minor children.
Considered by SACKETT, P.J., and VOGEL and MAHAN, JJ.
Tammy W. appeals the termination of her parental rights to her children Brandon W., Jessica W., Jeremy H., Sarah W., and Dustin H. Brandon's father, Jeff W., appeals the termination of his parental rights, as does Michael H. (a/k/a "Joe"), the father of Jessica, Jeremy, Dustin, and Sarah. We affirm.
All five children were adjudicated to be children in need of assistance on February 1, 1999. They initially remained in Tammy's home with in-home services provided. On March 22, 2001, Brandon was placed in the custody of the Department of Human Services, while Jeremy was placed in the Department's care on April 3. Jessica was placed in shelter care on April 19, and Dustin entered foster care on May 2. On May 7, Sarah was placed in foster care along with Dustin. On July 10, 2001, the State filed a petition to terminate the parental rights of Tammy, Jeff, and Michael to all five children. Following a hearing, the court terminated Tammy's parental rights to the five children pursuant to Iowa Code sections 232.116(1)(c) and (e) (2001). The court further terminated Jeff's parental rights pursuant to sections 232.116(1)(b) and (c) and Michael's parental rights pursuant to section 232.116(1)(c). All three parents appeal.
Now codified at Iowa Code sections 232.116(1)(d) and (f) (Supp. 2001).
We review termination cases de novo. In re J.L.W., 570 N.W.2d 778, 780 (Iowa Ct.App. 1997). The State must show grounds for termination of a parent's rights by clear and convincing evidence. In re E.K., 568 N.W.2d 829, 830 (Iowa Ct.App. 1997).
Tammy asserts (1) the State failed to prove that despite the services offered to her, circumstances which led to adjudication continued to exist, and (2) termination was not in the children's best interests. Jeff contends the court erred in finding he had abandoned Brandon and termination was in Brandon's best interest. Finally, Michael argues the court erred in concluding circumstances which led to adjudication continued to exist following the receipt of services. Upon our de novo review of the record, we affirm the terminations.
The record in this case paints a troubling picture, replete with failed parenting, abandonment, sexual abuse, a lack of progress despite the efforts of service providers, and a lack of insight by the parents into their own failings. Tammy has proven unable to protect the children, and she fails to provide them with adequate housing, supervision, and medical care. Despite her expressed desire for reunification, Tammy has been uncooperative and unreceptive toward the services offered to her. Michael is a long-standing alcoholic, for whom treatment has not been successful. Several abuse reports list Michael as the perpetrator, and he lacks the employment or housing necessary to regain care of the children. He has not been involved in his four children's upbringing in any significant way. Jeff was incarcerated for sexual abuse of a child at the time Brandon was adjudicated. He has failed to complete sex offender treatment, even though he was aware it was a requirement for him to regain contact with Brandon.
We concur with the trial court's conclusion the State proved by clear and convincing evidence the elements necessary to terminate Tammy, Michael, and Jeff's parental rights. They have shown little progress toward reunification with the children, and their parenting history has proven them unqualified to raise the children into healthy, mature individuals. See In re L.L., 459 N.W.2d 489, 493-94 (Iowa 1990) (noting past performance may be indicative of quality of future care the parent is capable of providing). Termination is in the best interests of the children and we therefore affirm the order terminating their parental rights or Tammy, Michael, and Jeff.
AFFIRMED.