Opinion
No. 2-346 / 02-0350.
Filed May 15, 2002.
Appeal from the Iowa District Court for Jefferson County, WILLIAM S. OWENS, Associate Juvenile Judge.
A mother appeals the termination of her parental rights to her son. AFFIRMED.
Benny B. Waggoner, Fairfield, for appellant-mother.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, and Patrick Macavan, Assistant County Attorney, for appellee-State.
Kenenth Ketterhagen, Fairfield, for minor child.
Considered by VOGEL, P.J., and MAHAN and EISENHAUER, JJ.
A mother appeals the termination of her parental rights to her son pursuant to Iowa Code section 232.116(1)(h) (Supp. 2001). She contends termination was improper when her performance over the six months prior to termination showed significant improvement in her ability to care for her child. We review this claim de novo. SeeIn re M.T., 613 N.W.2d 690, 691 (Iowa Ct. App. 2000).
In its order terminating parental rights, the court cites to Iowa Code section 232.116(1)(g) (2001). However, the applicable law in this termination is correctly cited as Iowa Code section 232.116(1)(h) (Supp. 2001) due to an amendment to section 232.116 that renumbered the sections but did not substantively alter them.
In order to terminate parental rights under section 232.116(1)(h), the State must prove by clear and convincing evidence that the child is three years old or younger, has been adjudicated in need of assistance, and has been removed from the home for six of the last twelve months. The State has undisputedly met this burden. However, the State must also prove the child cannot be returned to the home and that termination is in the child's best interest. Iowa Code §§ 232.116(1)(h) and 232.116(2). We find clear and convincing evidence exists to support both requirements.
The mother has been unable to provide her child with much support in his short life. He has been passed from one family member to another, not living in any one place for an extended period. The mother's substance abuse problems remain unresolved, and she admitted to a relapse in the month prior to termination. The mother also has a history of financial instability. Her solution to this problem after she became employed was to allow her boyfriend to manage her funds. He spent $2000 on furniture, including a big screen television. Upon de novo review, we find the child cannot be returned to his mother's care.
We also find termination is in the child's best interest. The mother has not complied with services for mental health, substance abuse, or parenting skills. While the mother has languished during the pendency of this action, the child's behavior has improved greatly as he benefits from being placed in a comfortable and stable environment. The future can be gleaned by the mother's past performance. In re T.B., 604 N.W.2d 660, 662 (Iowa 2000). When the statutory time standards found in section 232.116 are approaching, and a parent has made only minimal progress, the child deserves to have the time standards followed by having termination of parental rights promptly pursued. In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct. App. 1997). Accordingly, we affirm the district court's order terminating the mother's parental rights.
AFFIRMED.