Opinion
No. 2-914 / 02-1658
Filed November 15, 2002
Appeal from the Iowa District Court for Polk County, John Lloyd, Judge.
R.B. appeals the termination of her parental rights to her minor child. AFFIRMED.
David Pargulski, Des Moines, for appellant.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, and Celene Coffman, Assistant Attorney General, for appellee-State.
Jason Hauser, Des Moines, guardian ad litem for minor child.
Considered by Huitink, P.J., and Mahan and Vaitheswaran, JJ.
R.B. appeals the termination of her parental rights to her son, D.V., age four. D.V.'s legal and putative fathers, whose parental rights were also terminated, are not parties to this appeal.
The order terminating R.B.'s parental rights includes the following conclusions:
That on April 2, 2002, an order was entered adjudicating the child in interest to be a child in need of assistance pursuant to Iowa Code section 232.96. That on July 1, 2002, an order was entered terminating the parental rights of [R.B.], as parent, as to [M.V.], child, pursuant to Iowa Code section 232.117, [M.V.], child being a member of the same family as the child in interest. That there is clear and convincing evidence that the child's parent continues to lack the ability or willingness to respond to services which would correct the situation and an additional period of rehabilitation would not correct the situation, all within the scope and meaning of Iowa Code section 232.116(1)(g).
That [D.V.], the child in interest, was three years of age or younger on the date the petition was filed, being born August 6, 1998. That on April 2, 2002, an order was entered adjudicating the child in interest to be a child in need of assistance pursuant to Iowa Code section 232.96. That on January 25, 2002, an order was entered which removed physical custody of the child in interest from the child's parents for at least six (6) months or for the last six (6) consecutive months and any trial period at home has been less than thirty (30) days. That there exists clear and convincing evidence that the child in interest cannot be returned to the custody of [the parents], as provided in Iowa Code section 232.102 at the present time, all within the scope and meaning of Iowa Code section 232.116(1)(h). . . .
On appeal R.B. challenges the sufficiency of the evidence supporting the trial court's conclusion that D.V. cannot be returned to her custody. Absent such proof, Robin argues the State failed in its burden to establish grounds for terminating her parental rights under section 232.116(1)(h) (Supp. 2001).
Although the trial court also cited section 232.116(1)(g) as additional grounds for terminating R.B.'s parental rights, she does not appeal from that determination. Her failure to do so waives any right to appeal that issue, and we are accordingly required to affirm the trial court's order terminating R.B.'s parental rights. See In re A.L., 553 N.W.2d 274, 276 (Iowa Ct.App. 1995) (when the juvenile court terminates parental rights on more than one statutory ground, the appellate court only needs to find grounds to terminate parental rights under one of the sections cited by the juvenile court in order to affirm the ruling of the juvenile court).