Opinion
No. 2-407 / 02-0349.
Filed May 15, 2002.
Appeal from the Iowa District Court for Polk County, LINDA READE, Judge.
The mother appeals a juvenile court order terminating her parental rights to her two minor children. AFFIRMED.
Jeffrey T. Mains of Benzoni Mains, P.L.C., Des Moines, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Corey McClure, Assistant County Attorney, for appellee-State.
Charles Fuson of Youth Law Center, Des Moines, guardian ad litem for minor children.
Matthew Sheeley, West Des Moines, for intervenor-appellee maternal grandmother.
Considered by VOGEL, P.J., and MAHAN and EISENHAUER, JJ.
The mother, Dawn, appeals a juvenile court order terminating her parental rights to her two minor children pursuant to Iowa Code sections 232.116(1)(d), (e), and (f) (Supp. 2001). Dawn contends (1) the juvenile court erred in determining there was clear and convincing evidence to terminate her parental rights; (2) the termination was not in the best interests of the children; and (3) the juvenile court erred in terminating parental rights due to the exception provided in section 232.116(3). We affirm.
In its order terminating parental rights, the court cites to Iowa Code §§ 232.116(1)(c), (d), and (e). However, the applicable law in this termination is correctly cited as Iowa Code §§ 232.116(1)(d), (e), and (f) (Supp. 2001) due to an amendment to § 232.116 that renumbered the sections but did not substantively alter them.
We review termination proceedings de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). Our primary concern in termination proceedings is the best interests of the children. Id. To support the termination of parental rights, the State must establish the grounds for termination by clear and convincing evidence. Id.
Section 232.116(1)(f). We conclude the evidence supports termination pursuant to section 232.116(1)(f). We conclude that there has been clear and convincing evidence to establish the children cannot be returned to their mother. The mother has made no significant progress in resolving the problems that initially caused the court to remove the children from her home. The children were removed from Dawn's care because she lacked adequate shelter and exposed the children to drugs and physical and mental abuse. The children have been victims of four instances of the abuse occurring over the past nine years. The two recent reports involved the children being made to lay down on the floor of their home and remain quiet when police came to the home to execute a search warrant for David Tullis, Dawn's boyfriend. Additionally, Tullis struck the oldest child, Gordon, in the mouth causing his mouth to bleed and swell. Gordon stated that Tullis held him over a spillway by his wrists and struck him with a chain belt. He also stated his mother would hit him with a paddle and a chain belt. Furthermore, both boys have been sent to their room for an entire day without food. Dawn does not accept that the physical abuse to the children was wrong. In fact, she stated that Tullis's discipline was appropriate given the children's behavior. It is clear she has witnessed Tullis inflict serious emotional abuse on her children. Tullis admitted he calls the children "faggots" and "mother fuckers." In addition, Dawn has consistently shown anger and aggression toward the Iowa Department of Human Services, her mother, and her children. In fact, Gordon fears his mother will harm him. Dawn refuses to stop using controlled substances. She has failed to provide the weekly urine samples as ordered by the court. When she has provided urine samples, she has tested positive for marijuana metabolites. Dawn does not see the use of illegal substances in her home as a problem.
After a careful review of the record, we find the children would be at considerable risk if returned to the home of their mother. "At some point, the rights and needs of the child rise above the rights and needs of the parent." In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct. App. 1997). Because of Dawn's continued inability to address her deficiencies, it is in the children's best interests that their mother's parental rights be terminated and they be placed in a stable environment that is safe from their mother's abuse. When a juvenile court terminates parental rights on more than one ground, we need only find one ground exists to affirm. In re S.R., 600 N.W.2d 63, 64 (Iowa Ct. App. 1999).
Section 232.116(3). Dawn also contends the juvenile court erred in failing to consider the exception to termination as set forth in this section. A termination, otherwise warranted, may be avoided under this exception. In re D.E.D., 476 N.W.2d 737, 738 (Iowa Ct. App. 1991). The factors under section 232.116(3) have been interpreted by the courts as being permissive, not mandatory. In re C.L.H., 500 N.W.2d 449, 454 (Iowa Ct. App. 1993). We conclude the juvenile court correctly declined to apply the exception in this case.
AFFIRMED.