Opinion
No. 1-598 / 01-258.
Filed February 6, 2002.
Appeal from the Iowa District Court for Woodbury County, BRIAN L. MICHAELSON, Associate Juvenile Judge.
The mother appeals the termination of her parental rights, contending: (1) the State failed to prove the statutory requirements for termination, and (2) termination was not in the best interests of the children. AFFIRMED.
Patrick T. Parry of Forker and Parry, Sioux City, for appellant.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Leslie Ayers, Student Legal Intern, and Marleen Loftus, Assistant County Attorney, for appellee-State.
Joseph Kertels of the Juvenile Law Center, Sioux City, for minor children.
Martha McMinn, Sioux City, for appellant.
Considered by SACKETT, C.J., and ZIMMER and VAITHESWARAN, JJ.
Argilee appeals the termination of her parental rights to two children. She contends: (1) the State failed to make reasonable efforts to reunite her with her children and (2) termination of her rights was not in their best interests. We disagree and affirm.
I. Background Facts and Proceedings
Argilee is the mother of Trevor, born in 1994, and Aaliyah, born in 1998. Trevor was born with cocaine in his system. As a result, the Department of Human Services placed him in the care of Argilee's mother, Ester, and issued a founded child abuse report against Argilee. The department initially afforded Argilee in-home therapy and outpatient chemical dependency therapy. Later, Argilee also participated in in-patient recovery programs. None were successful in resolving Argilee's dependence on cocaine, marijuana, and alcohol.
Another child of Argilee, Seneca, is not a part of these termination proceedings.
Argilee was still receiving services to address her addictions following the birth of Aaliyah. She again tested positive for cocaine in her system. The department placed Aaliyah in foster care with a non-relative and Trevor in foster care with his grandmother,who had been his surrogate parent throughout his young life. Soon afterward, Argilee entered yet another drug treatment center and the children were transferred to her at the facility. After three months, the center discharged her for lack of progress and both children were placed in non-relative foster care.
The State filed a petition to terminate Argilee's parental rights vis-a-vis Trevor and Aaliyah. The juvenile court granted the petition and this appeal followed. Our review is de novo. In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981).
The court terminated the parental rights of Trevor's father in 1997. The parental rights of Aaliyah's father were terminated at the same time as Argilee's, but he has not appealed.
II. Statutory Elements
A. Reasonable Services . At the termination hearing, Argilee asserted that she had recently been diagnosed with attention deficit hyperactivity disorder (ADHD) and placed on medication to alleviate this disorder. She urged the department and the court to afford her time for the medication to take effect before requiring full compliance with department directives. The juvenile court rejected this request, noting that the department had already furnished her services to address mental health issues. The juvenile court terminated Argilee's parental rights under Iowa Code sections 232.116(1) (c) (physical or sexual abuse or neglect); (d) (no significant and meaningful contact); (e) (child four or older cannot be returned); (g) (child under three cannot be returned); and (k) (chronic substance abuse). Each of these provisions either explicitly or implicitly requires the department to provide reasonable services to facilitate reunification. See Iowa Code § 232.116(1)(c)(2) (parents offered or received services); 232.116(1)(d)(3) (parents given an opportunity to resume care of child); In re C.B., 611 N.W.2d 489, 493 (Iowa 2000) (stating State must show reasonable efforts as a part of its ultimate proof the child cannot be safely returned to the care of a parent).
The record is replete with evidence of departmental services tailored to deal with Argilee's addictions and related parenting deficiencies. Argilee failed to take advantage of these services. She participated in no less than seven treatment programs but was discharged from several facilities for lack of progress or noncompliance with program goals. In the months preceding the termination hearing, she tested positive for cocaine, discontinued drug testing, and was arrested and charged with assault and operating while intoxicated. At the time of these events, she had been receiving services for about five years. Given Argilee's lack of cooperation with the services provided, we conclude the department was not obligated to provide additional services or extend the time to comply with existing services. Therefore, the reasonable services requirement was satisfied.
B. Reasonable Accommodation . On a related note, Argilee argues that the department had an obligation under the Americans with Disabilities Act (ADA) to accomodate what she characterizes as her ADHD disability. See 42 U.S.C. § 12131-12165; In re C.M., 526 N.W.2d 562, 566 (Iowa Ct. App. 1994). We reject this contention. Argilees' addictions, rather than the questionable diagnosis of ADHD, were her greatest impediment to recovery of her children. Although a department-retained health care provider did diagnose Argilee with attention deficit hyperactivity disorder, among other things, the provider noted that the test results were "not entirely valid" and needed to be "viewed critically" in light of Argilees' failure to "put forth her best effort." Therefore, we are not convinced Argilee was disabled by ADHD. However, even assuming she was, the department reasonably accommodated her disability. See In re C.M., 526 N.W.2d at 566.
III. Best Interests
Even if the statutory requirements for termination of parental rights are met, the decision to terminate must be in a child's best interests. In re M.S., 519 N.W.2d 398, 400 (Iowa 1994). Argilee maintains termination is not in the children's best interests. We disagree. Argilee had a drug problem from at least 1994. Despite the receipt of services to address this problem, Argilee continued to use drugs five years later. The effect on Trevor was tragic. He developed attention deficit hyperactivity disorder, began acting out in school and with foster parents and siblings, and developed a deep sense of insecurity. Although Aaliyah had not yet displayed similar behavioral problems, she was twice transferred to different foster homes within a span of a few months. While the record suggests Argilee loves her children, love is not enough. Given Argilee's minimal efforts to resolve her drug addiction in the five years preceding termination, we conclude termination of her parental rights was warranted.
AFFIRMED.