Opinion
No. 3-801 / 03-1564
Filed October 29, 2003
Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge.
A mother and father appeal the termination of their parental rights. AFFIRMED.
Robert Pierson, of Furlong Pierson Law Office, Sioux City, for appellant father.
John Moeller, of O'Brien, Galvin Moeller Law Office, Sioux City, for appellant mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Thomas S. Mullen, County Attorney, and David A. Dawson, Assistant County Attorney, for appellee-State.
Michelle Dreibelbis, Juvenile Law Center, Sioux City, for minor children.
Considered by Sackett, C.J., and Mahan and Eisenhauer, JJ.
Melissa and Brad, Sr. appeal the termination of their parental rights. They contend the State has failed to prove the grounds for termination by clear and convincing evidence. We review their claim de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).
Melissa has given birth to five children. Brad, Sr. is the biological father of the youngest three of these children. Melissa's parental rights to the eldest three were terminated in November 2000. At that time, Brad, Sr.'s parental rights were terminated with respect to one of the children. The youngest two children, Brad, Jr. and Brayden, are the children at issue in this case. Brad, Sr.'s rights to Brad, Jr. were terminated in June 2002. Melissa did not appear at the termination hearing in June 2002, indicating she feared Brad, Sr. She gave assurances she would have not further contact with Brad, Sr.
Shortly after the Brad, Sr.'s parental rights to Brad, Jr. were terminated, Brad, Sr. and Melissa, despite Melissa's assurances, began living together. Brayden was born in September 2002, although the mother had submitted a false pregnancy test to the Department of Human Services in April 2002, indicating she was not pregnant. Shortly after Brayden's birth, an order was issued for the removal of Brad, Jr. and Brayden. The mother fled with Brad, Jr. to avoid his removal. Brad, Jr. was located when the Keokuk Police Department received a report that several children had been left unattended in a residence. The children ranged in age from ten years to fifteen months. Brad, Jr. was returned to Woodbury County and the boys were adjudicated to be children in need of assistance. On May 19, 2003, the court found Brad, Sr. had not and would not cooperate with any official efforts to assist him in gaining custody of Brayden, and it would be fruitless to offer any other services. Likewise it found Melissa had only sporadically cooperated with efforts to return the children to her. The court waived the requirement of making reasonable efforts pursuant to Iowa Code section 232.102 (2003). At a permanency hearing on June 16, 2003, the children were continued in family foster care.
The father has never met Brayden. Melissa was present when Brad, Jr. had surgery in March 2003, but otherwise has had no contact with either child since their removal. The juvenile court terminated Melissa's parental rights to both children pursuant to Iowa Code sections 232.116(1)(b), (d), (g), and (h). The court terminated Brad, Sr.'s parental rights to Brayden pursuant to sections 232.116(1)(b), (d), (g), and (h). We need only find termination proper on one ground to affirm. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995). In order to terminate pursuant to section 232.116(1)(b), the State must prove by clear and convincing evidence that the child has been abandoned or deserted.
Abandonment is characterized as a giving up of parental rights and responsibilities accompanied by an intent to forego them. Two elements are involved in this characterization. First, the giving up of parental rights and responsibilities refers to conduct. Second, the intent element refers to the accompanying state of mind. Parental responsibilities include more than subjectively maintaining an interest in a child. The concept requires affirmative parenting to the extent it is practical and feasible in the circumstances.
In re A.B., 554 N.W.2d 291, 293 (Iowa Ct.App. 1996).
We conclude clear and convincing evidence supports termination under section 232.116(1)(b). The father has no relationship with Brayden, having never seen him. He has never voluntarily provided financial support for his children, and has failed to cooperate with or internalize the services offered to assist him over the past five years. The mother likewise has abandoned both Brad Jr. and Brayden, only having contact with Brad Jr. in March 2003, and failing to inquire about the welfare of her children since that time. She also has not been able to improve her parenting skills despite the extensive services offered her over her five year involvement with the juvenile court system.
Because termination was proper under section 232.116(1)(b), we affirm.