Opinion
No. 2-643 / 01-1676
Filed September 11, 2002
Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge.
A father appeals the termination of his parental rights to his child. AFFIRMED.
Christopher Kragnes, Sr., Des Moines, for appellant.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, John Sarcone, County Attorney, and Martha Johnson, Assistant County Attorney, for appellee-State.
Marla Sudreth, Bondurant, for minor child.
Considered by Hecht, P.J., and Vaitheswaran and Eisenhauer, JJ.
A father appeals the termination of his parental rights to his child. He contends the district court erred in terminating his rights pursuant to Iowa Code section 232.116(1)(c), (d), (e), and (g) (Supp. 2001), and termination was not in the child's best interests. We review his claims de novo. See In re M.T., 613 N.W.2d 690, 691 (Iowa Ct.App. 2000). We give weight to the trial court's findings of fact, especially when considering the credibility of witnesses, but we are not bound by them. Iowa R. App. P. 6.14(6)( g).
While the district court terminated parental rights on more than one ground, we need only find one ground to affirm. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995). In order to terminate parental rights under section 232.116(1)(g), the State is required to prove by clear and convincing evidence that the child is three years old or younger, the child has been adjudicated in need of assistance, and the child cannot be returned home. The father does not dispute the State has proved the requirements for termination and we find clear and convincing evidence supports termination under section 232.116(1)(g). The father instead argues the court erred in terminating his parental rights because of the emotional bond he has with the child.
Iowa Code section 232.116(3)(c) states the court need not terminate parental rights where there is clear and convincing evidence it would be detrimental to the child due to the closeness of the parent-child relationship. However, this is merely a factor to consider. In re N.F., 579 N.W.2d 338, 341 (Iowa Ct.App. 1998). In this case, we find the bond between the father and the child is not strong enough to prevent termination. The record reflects the father's overall inability to provide adequate care to his child. He has consistently relied on others to assist him during the progression of this case and has not demonstrated he is able to parent the child alone. The small progress the father made toward the end of the case was the result his social worker's initiative, not his own.
We also find termination is in the child's best interest. At the time of trial, the father was living in an apartment with six other people, including a fourteen year old with mental health problems. The father had made only minimal progress and had not yet advanced to unsupervised visits, let alone shown an ability to care for the child independently. Meanwhile, the child has been in a pre-adoptive home for over half her life. While the law requires a "full measure of patience with troubled parents who attempt to remedy a lack of parenting skills," this patience has been built into the statutory scheme of chapter 232. In re C.B., 611 N.W.2d 489, 494 (Iowa 2000). Children should not be forced to endlessly await the maturity of a natural parent. Id. 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).
AFFIRMED.