Opinion
No. 2-344 / 02-0468.
Filed May 15, 2002.
Appeal from the Iowa District Court for Polk County, ELIZA J. OVROM, Judge.
Mother appeals the order terminating her parental rights to her son and daughter. AFFIRMED.
Bryan Tingle of Tingle, Knight, Webster Juckette, P.L.C., Des Moines, for appellant-mother.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, John P. Sarcone, County Attorney, and Jennifer Galloway, Assistant County Attorney, for appellee-State.
Nicole Garbis Nolan, Des Moines, guardian ad litem for minor child.
Considered by VOGEL, P.J., and MAHAN and HECHT, JJ.
Sherry P. appeals the order terminating her parental rights to her son, Zachary M., born December 29, 1996, and her daughter, Halsey M., born October 19, 1998. We affirm.
In April of 2000, the State filed petitions alleging the children to be in need of assistance because Sherry had allowed them to have contact with her boyfriend, a known sexual perpetrator. The court adjudicated the children in need of assistance pursuant to Iowa Code sections 232.2(6), 232.2(6)(c)(2), and 232.2(6)(d) (1999), and the children were later placed with their paternal grandparents. On September 21, 2001, the State filed a petition to terminate the parental rights of Sherry to both Zachary and Halsey. Following a hearing, the court terminated Sherry's parental rights pursuant to sections 232.116(1)(c), (d), (e), and (g) (2001). Sherry appeals from this order.
We agree with Sherry the trial court erred in terminating her parental rights under section 232.116(1)(d) in that the petition to terminate did not seek termination pursuant to this provision. However, we only need to find grounds to terminate parental rights under one of the sections cited by the district court in order to affirm its ruling. In re A.J., 553 N.W.2d 909, 911 (Iowa Ct. App. 1996). In order to terminate parental rights under section 232.116(1)(e), the court must find the child (1) is four or older, (2) has been adjudicated pursuant to section 232.96, (3) has been removed for the last twelve consecutive months, and (4) cannot be returned to the parent's custody. Section 232.116(1)(g) requires a showing that the child (1) is three or younger, (2) has been adjudicated pursuant to section 232.96, (3) has been removed for the last six consecutive months, and (4) cannot be returned to the parent's custody. We conclude the court properly terminated Sherry's rights to Zachary pursuant to section 232.116(1)(e) and to Halsey pursuant to section 232.116(1)(g).
Now codified at Iowa Code section 232.116(1)(f) (Supp. 2001).
Now codified at Iowa Code section 232.116(1)(h) (2001).
At the time of the termination Zachary was five years old and Halsey three. They had both been adjudicated children in need of assistance due to the determination they were imminently likely to be sexually abused by an individual who was dating their mother. They had both been removed from Sherry's physical care for over a year and a half at the time of the termination proceedings and have a permanent and safe home with their grandparents, who appear willing to adopt them.
Sherry's inability to provide a stable home and living environment for herself and the children appears to stem from her own mental problems. She has been diagnosed with a histrionic personality disorder, with anti-social, passive-aggressive, and narcissistic traits, and compulsive features. It also appears Sherry has a distinct anger management problem.
The record also clearly illustrates Zachary and Halsey cannot safely be returned to Sherry's custody. Sherry has repeatedly placed the children at risk of harm through her relationships with abusive, volatile, and troubled men. The children's father had a serious drug problem and had little contact with the children. Zachary and Halsey were initially removed from Sherry's care due to her involvement with John Anderson, a known sex offender, and Sherry lied to authorities that she was no longer involved with Anderson in order to regain their custody. She continued this history of associating with questionable paramours throughout the pendency of this case and failed to maintain an independent residence separate from these men. It is quite apparent Sherry puts her needs before her children's. Her continuing string of relationships with abusive and dangerous men reveals she has little awareness of the potential for harm in which she places her children.
We also reject Sherry's contention the court erred in terminating her parental rights because the children were in the custody of a relative. Iowa Code section 232.116(3)(a) provides the court need not terminate if a relative has legal custody of the child. Termination of Sherry's parental rights was in the best interests of the children. Sherry continues to reject the warnings of service providers by associating with individuals so clearly detrimental to offering Zachary and Halsey a stable and safe environment. She displays signs of significant anger and control problems. The record also shows significant concerns and indications that the children were being sexually abused while in Sherry's care. They both exhibited highly sexualized behaviors upon returning from unsupervised visits with Sherry, and Zachary reported Sherry had improperly touched his genital area.
Zachary and Halsey deserve permanency and clearly cannot be returned to Sherry's custody at this time. We therefore affirm the termination.
AFFIRMED.