Opinion
No. 3-578 / 03-1096
Filed August 13, 2003
Appeal from the Iowa District Court for Muscatine County, James A. Weaver, Associate Juvenile Judge.
Parents appeal the termination of their parental rights to son. AFFIRMED.
Steven Kundel, Muscatine, for appellant-mother.
Esther Dean, Muscatine, for appellant-father.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Richard R. Phillips, County Attorney, and Korie Shippee, Assistant County Attorney, for State.
Neva Rettig-Baker, Muscatine, for child.
Considered by Vogel, P.J., and Mahan and Zimmer, JJ.
Selena and Larry are the parents of Gage, born October 2001. The family came to the attention of the Department of Human Services (DHS), prior to Gage's birth, in July 2001 because of concern over Selena not providing appropriate supervision for her four-year-old son. During the investigation it was also noted that there was domestic violence in the home after Larry kicked Selena in the stomach while pregnant with Gage. On January 31, 2002, Gage was adjudicated in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(c)(2) (2001) (child is likely to suffer harm due to parent's failure to exercise care in supervising child) by stipulation of the parties. On April 3, 2002, custody of Gage was transferred to DHS and he was placed in foster care pursuant to a dispositional order. On February 4, 2003, the State filed a petition to terminate the parental rights of Selena and Larry to Gage. Following a trial, the court terminated their parental rights under sections 232.116(1)(b) (2003) (abandonment), 232.116(1)(e) (adjudicated CINA, child removed for six months, parent has not maintained significant and meaningful contact with the child), and 232.116(1)(h) (child is three years or younger, adjudicated CINA, removed from home for six of last twelve months, and child cannot be returned home). Selena and Larry appeal.
While the court concluded both parents had deserted the child, Iowa Code section 232.116(1)(b) was not alleged as to Selena, and our affirmation as to her does not rest on that subsection.
We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). Our primary concern in termination proceedings is the best interests of the child. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). While the district court terminated the parental rights on more than one statutory ground, we will affirm if at least one ground has been proved by clear and convincing evidence. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995).
On appeal, both parents assert that the State failed to prove by clear and convincing evidence that (1) they had abandoned Gage pursuant to 232.116(1)(b), (2) they had not maintained significant and meaningful contact with Gage during the previous six months under 232.116(1)(e), and (3) Gage could not be returned to their custody under 232.116(1)(h). Because we affirm if at least one ground was proven by clear and convincing evidence, we find it necessary to only address the parents' contention regarding 232.116(1)(h), that is, whether Gage could have been returned to their custody. See id.
As noted above, DHS became involved and services were offered beginning in July 2001, prior to Gage's birth. The relationship between Selena and Larry has been very unstable and riddled with domestic violence. After Gage was born, there was an altercation in which the parents engaged in a tug-of-war with a car seat while Gage was in it. While Gage was not injured, the fabric on the car seat was torn. In October 2002, against a court order, Selena took another child to visit Larry at his mother's home. During the unsanctioned visit, Larry assaulted his mother in the presence of Selena and the other child. When the police arrived, Selena refused to leave with the child and Larry assaulted the officer. In spite of the violence, Selena has continued to defend Larry on numerous occasions, excusing his behavior due to stress, and does not believe he has a problem with violence. Selena even planned to testify for Larry in the trial for assaulting his mother. The domestic violence pattern continues despite Selena completing domestic violence counseling and Larry completing a Batterer's Education Program. The evidence established by clear and convincing evidence that Selena and Larry have been incapable of protecting Gage from their volatile relationship and he could not be returned to the home. The couple began marriage counseling a month prior to the termination hearing but we agree with the district court's assessment that it is simply too late. Gage is two and a half years old and cannot wait any longer for his parents to work out their numerous issues. In Interest of E.K., 568 N.W.2d 829, 831 (Iowa Ct.App. 1997) ("The crucial days of childhood cannot be suspended while parents experiment with ways to face up to their own problems.") In addition both parents suffer from unresolved mental health problems which only add to their unstable environment. We, therefore, affirm the termination of Selena and Larry's parental rights to Gage.