Opinion
No. 2-327 / 01-1464.
Filed May 15, 2002.
Appeal from the Iowa District Court for Jackson County, GARY D. McKENRICK, Judge.
The mother appeals a juvenile court order terminating her parental rights. AFFIRMED.
Stuart G. Hoover of Blair Fitzsimmons, P.C., Dubuque, for appellant.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, and John L. Kies, County Attorney, for appellee-State.
Mark DeVries, Bellevue, guardian ad litem for minor children.
Considered by MAHAN, P.J., and ZIMMER and EISENHAUER, JJ.
The mother appeals a juvenile court order terminating her parental rights. The mother contends (1) the juvenile court erred in determining there was clear and convincing evidence to terminate her parental rights; and (2) the Iowa Department of Human Services (DHS) did not afford her reasonable reunification services. We affirm.
The mother also argues that the termination grounds were not satisfied because the court did not judicially notice the entire CINA court file. Although the judicial notice procedure was not followed, we find no reversible error. See In re Adkins, 298 N.W.2d 273, 278 (Iowa 1980).
Jennifer is the mother of Katie, born October 25, 1997, and Kevin, born July 19, 1999. In January 2000 DHS received a report alleging Jennifer's home was unsanitary and she failed to provide adequate care or supervision for the children. Upon investigation, the home was found to be filthy with old dirty diapers throughout the house, the kitchen was full of moldy dishes and old dried food, and choking hazards were present on the floor. Parenting skill services were initiated. On May 10, 2000, DHS founded a report of child abuse. The sources informed DHS that Jennifer was physically abusing Katie and calling her obscene names. Kevin was left for hours at a time in his car seat, which prevented him from attempting to sit or crawl or to develop his motor skills. There was also little food in the house, and both children had severe diaper rash. A day later, the children were taken to the hospital by the babysitters. They were extremely filthy and wearing dirty clothes. The doctor observed cigarette burns on both of Katie's feet, some of Katie's teeth were missing, and Kevin's head was flat on one side due to being left in one position for extreme periods of time. The children were removed from Jennifer's care.
Those that were not missing were decayed.
The children were adjudicated in need of assistance in June of 2000. As a result of Jennifer's progress with the services, visits with the children were increased and expanded to include unsupervised visitation. However, her parenting regressed. She dramatically changed her lifestyle and became involved with roommates and boyfriends that posed a risk of violence. One man punched a hole in her apartment wall and used illegal drugs. A female roommate also damaged the apartment and continued to threaten Jennifer. On May 15, 2001, another child abuse investigation was initiated after Kevin received two black eyes during a weeklong visit with his mother. He also had several scrapes on his face. The child was filthy and unfed. Jennifer was unable to provide an explanation for the injuries. The State filed a petition to terminate her parental rights. Following a termination hearing, the juvenile court terminated Jennifer's parental rights pursuant to Iowa Code section 232.116(1)(h) (Supp. 2001). Jennifer appeals.
In its order terminating parental rights, the court cites to Iowa Code section 232.116(1)(g). 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.
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 child. Id. To support the termination of parental rights, the State must establish the grounds for termination by clear and convincing evidence. Id.
Upon a careful review of the record, we find there was clear and convincing evidence to terminate Jennifer's parental rights. Indeed, the evidence was overwhelming. We also find DHS provided reasonable reunification services, but Jennifer failed to take advantage of these services. She has not demonstrated the ability to care for these children and has taken no responsibility for her actions. In addition, she does not understand the impact that her adult relationships have on her children. The amount of patience for Jennifer's actions must be reasonably limited because "patience with parents can soon translate into intolerable hardship for their children." In re A.Y.H, 508 N.W.2d 92, 96 (Iowa Ct. App. 1993). The children have waited for more than one and a half years for their mother to provide the safe and stable home they need and deserve. The best interests of the children warrant the termination of Jennifer's parental rights. We therefore affirm the juvenile court.
AFFIRMED.