Opinion
No. 2-876 / 02-1403
Filed October 30, 2002
Appeal from the Iowa District Court for Polk County, Gregory Brandt, District Associate Judge.
A father and mother each appeal the termination of their parental rights to K.J. AFFIRMED.
Jesse Macro, Jr. of Kuntz, Laughlin Macro, Des Moines, for appellant father.
Tiffany Koenig, Des Moines, for appellant mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, and Celene Coffman, Assistant County Attorney, for appellee-State.
Rachael Seymore, Des Moines, guardian ad litem for minor child.
Considered by Huitink, P.J., and Mahan and Vaitheswaran, JJ. Eisenhauer, J. takes no part.
A father and mother each appeal the termination of their parental rights to K.J. They claim: (1) termination of their parental rights was not supported by sufficient evidence; (2) the State did not provide reasonable services; and (3) termination was not in the child's best interests. We affirm.
Eric and Brenda are the parents of Keonia, born in January 2001. The parents have a history of domestic violence. Eric has been diagnosed with schizophrenia, paranoid type, and he is an alcoholic. He experiences auditory hallucinations and delusions. Brenda has mild to moderate mental retardation. Despite services, she is unable to retain more than rudimentary information about caring for a child.
Keonia was adjudicated to be a child in need of assistance (CINA) pursuant to Iowa Code sections 232.2(6)(c)(2) (1999) (child is likely to suffer harm due to parents' failure to exercise care in supervising child) and (n) (parents' mental capacity results in child not receiving adequate care). The subsequent decision to remove Keonia from the home was affirmed on appeal. In re K.J., No. 1-1365 (Iowa Ct.App. May 15, 2002).
The juvenile court terminated the parents' rights under sections 232.116(1)(d) (Supp. 2001) (child CINA for neglect, circumstances continue despite receipt of services) and (h) (child is three or younger, child CINA, removed from home for six of last twelve months, and child cannot be returned home).
The juvenile court cited the previous code numbers which were in effect prior to the amendment of section 232.116(1) on April 24, 2001. We will use the current form of the section.
We review termination proceedings de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). We find there is clear and convincing evidence in the record to support termination of the parents' rights. Eric has failed to address his mental health problems, and his delusional thinking may interfere with his ability to care for his child. Despite numerous services, Brenda has been unable to retain information regarding parenting skills. We determine termination is in Keonia's best interests.
The parents did not raise their reasonable efforts arguments before the juvenile court, and we determine this issue is not preserved for our review. See In re T.J.O., 527 N.W.2d 417, 420 (Iowa Ct.App. 1994).
We affirm the decision of the juvenile court.