Opinion
No. 2-973 / 02-1646.
Filed December 30, 2002.
Appeal from the Iowa District Court for Dallas County, PETER A. KELLER, District Court Judge.
Mother appeals the termination of her parental rights to her child. AFFIRMED.
Beverly Wild, Guthrie Center, for appellant.
Thomas J. Miller, Attorney General, Katherine S. Miller-Todd, Assistant Attorney General, Wayne Reistter, County Attorney, and Sean Weiser, Assistant County Attorney, for appellee-State.
Considered by SACKETT, C.J., and MILLER and EISENHAUER, JJ.
Jennifer appeals from the September 23, 2002 order terminating her parental rights to her daughter Kendra, born in March 1999. Jacob, Kendra's father, appeared at the termination hearing and agreed to the termination of his parental rights indicating he had no interest in the child. Jacob has not appealed. We affirm.
Kendra was in her mother's custodial care from the time of her birth until September of 2001. At the time Jennifer was voluntarily receiving services and was in a substance abuse treatment program with her daughter. Jennifer was arrested while in the program, and Kendra was placed in foster care, where she continues to reside.
Jennifer has completed the eleventh grade. She lives most of the time with her father, who assumed some care of Kendra. Jennifer's mother died when she was a young girl. Jennifer began using alcohol while still in junior high school, and she has continued to have problems with the abuse of alcohol and drugs, including methamphetamine. Jennifer had a second daughter in July of 2002, and it is agreed that since that time she has made some progress in treatment for her substance abuse.
The juvenile court terminated Jennifer's parental rights finding Jennifer has a severe, chronic substance abuse problem and presents a danger to herself and others.
The scope of review in termination cases is de novo. See In re M.N.W., 577 N.W.2d 874, 875 (Iowa Ct.App. 1998). The grounds for termination must be proven by clear and convincing evidence. In re E.K., 568 N.W.2d 829, 830 (Iowa Ct.App. 1997).
The State contends Jennifer has not preserved error because she states no issues on appeal, makes no allegation that error was preserved on any issue and cites no legal authority. While we agree that Jennifer's petition on appeal is substantially as alleged by the State, we have examined her argument and reviewed the record de novo. Jennifer has misused illegal substances and though there was minimum progress being made at the time of the termination hearing, we cannot conclude that it is sufficient, given her past history, to assure us that she is able to receive the care of her daughter. Jennifer's daughter is three years of age and was removed from her parents' custody on October 24, 2001, and was adjudicated a child in need of assistance. She has been out of her mother's care since that time. The above findings are supported by clear and convincing evidence and Jennifer's parental rights should be terminated. We affirm, and deny her motion for further briefing.