Opinion
No. 3-551 / 03-0287.
Filed July 23, 2003.
Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.
A mother appeals the termination of her parental rights to her four minor children. AFFIRMED.
Heather Turner-Graves of the Dunahoo Law Firm, Des Moines, for appellant.
Thomas J. Miller, Attorney General, Tabith J. Gardner, Assistant Attorney General, John Sarcone, County Attorney, and Celene Coffman, Assistant County Attorney, for appellee-State.
Victoria Meade, Des Moines, guardian ad litem.
Considered by Vogel, P.J., and Mahan and Zimmer, JJ.
Jaclyn appeals the termination of her parental rights. She is the mother of Elizabeth, born in September 1988; Genevieve, born in July 1991; Norma, born in May 1997; and Raenette, born in February 1999.
The family came to the attention of the Department of Human Services in August 2000, due to allegations that Jaclyn's husband, Ken, had sexually abused Elizabeth. Ken was ordered not to have contact with the children. The children were adjudicated to be children in need of assistance.
Jaclyn continued to deny that Ken had sexual contact with Elizabeth. Counseling was recommended for Jaclyn, but she was resistant to address her own past issues relating to sexual abuse. The children were removed from the mother's care in April 2002 based on the mother's failure to provide Elizabeth with mental health support or a healthy environment.
Jaclyn had problems meeting the children's emotional needs. She refused to sign a release to allow Genevieve, Norma, and Raenette to have individual therapy. Jaclyn's visits were suspended in September 2002, due to inappropriate comments to the children. After the children were removed, Jaclyn and Ken resumed living together.
In October 2002 the State filed a petition seeking to terminate Jaclyn's parental rights. After the termination hearing was held, but before the juvenile court entered an order, Ken committed suicide. The court terminated Jaclyn's parental rights under Iowa Code sections 232.116(1)(d), (h), and (i) (Supp. 2001). The court found Jaclyn had failed to resolve the problems which had led to the children's adjudication as children in need of assistance. The court concluded the children could not be returned to Jaclyn's care. Jaclyn appeals.
I. The scope of review in termination cases is de novo. In re J.L.W., 570 N.W.2d 778, 780 (Iowa Ct.App. 1997). The grounds for termination must be proven by clear and convincing evidence. In re S.R., 600 N.W.2d 63, 64 (Iowa Ct.App. 1999).
II. Jaclyn claims the State did not engage in reasonable efforts to reunite her with the children. She asserts that, because Ken is no longer in the picture, the Department should reassess the case and make an effort to reunite her with the children.
Jaclyn is apparently arguing that Ken was the only real problem in this family, and now that he is gone, the children should be returned to her. There is clear and convincing evidence, however, that Jaclyn was unable to recognize or meet the children's emotional needs. At the time of the termination hearing, she had not made any progress in dealing with the issues which led to the children's adjudication as children in need of assistance.
III. Jaclyn also claims it is not in the children's best interests to terminate her parental rights. Even if the statutory requirements for termination of parental rights are met, the decision to terminate must still be in the best interests of the children. In re M.S., 519 N.W.2d 389, 400 (Iowa 1994). We find termination of Jaclyn's parental rights is in the children's best interests. As noted above, Jaclyn is unable to recognize or meet the children's emotional needs.
We affirm the decision of the juvenile court.