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In the Interest of D.M.H

Court of Appeals of Iowa
Jan 15, 2003
662 N.W.2d 372 (Iowa Ct. App. 2003)

Opinion

No. 2-1052 / 02-1875

Filed January 15, 2003

Appeal from the Iowa District Court for Johnson County, David M. Remley, Judge.

Mother appeals from the order terminating her parental rights to her son. AFFIRMED.

Shannon Walsh, Iowa City, for appellant mother.

Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, J. Patrick White, County Attorney, and Deborah Minot, Assistant County Attorney, for appellee State.

Considered by Vogel, P.J., and Zimmer and Hecht, JJ.


W. Eric Nelson, Coralville, guardian ad litem for minor child.


Sara C. appeals the termination of her parental rights to Dakota H. who was born on June 3, 2000. Dakota was removed from Sara's care on September 17, 2001, because of health concerns surrounding the conditions of her apartment. The apartment was also searched as a suspected methamphetamine lab which Sara's boyfriend was accused of operating. Sara then moved in with and was supported by her grandmother.

After working with the Department of Human Services (DHS) Sara showed some progress in being able to care for Dakota. Eventually DHS required Sara to demonstrate her ability to care for Dakota without the assistance of her grandmother, in part, by obtaining her own residence. Sara characterizes that requirement as a task so impossible to obtain that it lead to the deterioration in her working relationship with DHS and ultimately to the termination of her parental rights.

On appeal, Sara questions the reasonableness of efforts made to reunite the family, and in particular the requirement that she obtain a residence of her own. While Sara may harbor resentments to the various service providers, that does not excuse her poor attitude and later noncompliance with the many services offered to her. The services offered were reasonable and appropriate. Moreover, Sara dropped out of the GED program, was unable to keep a job, continued to associate with dubious individuals and even chose to limit her visits with her son. Meanwhile, Dakota has thrived in the stable and nourishing care of his maternal grandfather and his wife.

"Children simply cannot wait for responsible parenting. Parenting cannot be turned off and on like a spigot. It must be constant, responsible, and reliable." In re L.L., 459 N.W.2d 489, 495 (Iowa 1990). Dakota deserves permanency and should not be forced to wait while Sara matures and begins making responsible decisions.

The trial court made credibility findings to which we defer. The record supports termination.

AFFIRMED.


Summaries of

In the Interest of D.M.H

Court of Appeals of Iowa
Jan 15, 2003
662 N.W.2d 372 (Iowa Ct. App. 2003)
Case details for

In the Interest of D.M.H

Case Details

Full title:IN THE INTEREST OF D.M.H., Minor Child, S.C., Mother, Appellant

Court:Court of Appeals of Iowa

Date published: Jan 15, 2003

Citations

662 N.W.2d 372 (Iowa Ct. App. 2003)