Opinion
No. 3-917 / 03-1567.
Filed December 10, 2003.
Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.
A mother appeals the termination of her parental rights to her child. AFFIRMED.
Patrick W. O'Bryan, Des Moines, for appellant-mother.
Katherine Spencer, Des Moines, guardian ad litem for appellant-mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, John Sarcone, County Attorney, and Justin Allen, Assistant County Attorney, appellee-State.
Kayla Stratton, Des Moines, guardian ad litem for minor child.
Considered by Huitink, P.J., and Zimmer and Miller, JJ.
Angela S. appeals from the juvenile court's order terminating her parental rights to her daughter. She contends the State failed to prove the statutory grounds for termination by clear and convincing evidence.
Angela is the mother of a daughter, Hope, born on July 17, 2002. During the first three months of Hope's life, Angela took her daughter to a hospital emergency room on at least seven occasions because she believed Hope was crying excessively. In October 2002, Angela's neighbors became concerned and called the police because Angela had become enraged and was screaming at her infant daughter. The juvenile court removed Hope from Angela's care because the mother had significant mental health problems that interfered with her ability to safely parent her child. The court adjudicated Hope as a child in need of assistance (CINA) on December 10, 2002. Angela received numerous services after the adjudication. Unfortunately, she did not respond well to the services she was offered.
On June 10, 2003, the State filed a petition to terminate Angela's parental rights. Following a termination hearing held on September 8, 2003, the juvenile court terminated Angela's parental rights under Iowa Code sections 232.116(1)(d) (child CINA for neglect, circumstances continue to exist despite the receipt of services) and (h) (child is three or younger, child CINA, removed from home for six of last twelve months, and cannot be returned home) (2003). Angela appealed.
We review termination proceedings de novo. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993); In re S.R., 600 N.W.2d 63, 64 (Iowa Ct.App. 1999). The grounds for termination must be proved by clear and convincing evidence. In re M.W., 458 N.W.2d 847, 850 (Iowa 1990). Our primary concern is the best interest of the children. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
Upon our de novo review of the record, we conclude the grounds for termination alleged in the termination petition were proven by clear and convincing evidence. Angela has a history of mental illness. Her two older children were removed from her care in 1994 and placed under a guardianship. Angela completed a psychosocial evaluation on December 30, 2002. She was diagnosed with Bi-polar (mixed with psychotic features) Depressive Personality Disorder, with Schizoid Traits and Self Defeating Traits.
Angela did fairly well from December 2002 until February 2003. Unfortunately, in February 2003, she stopped taking her medication and her behavior became threatening and out of control. Angela's visits with her daughter were suspended in March. Her visits were reinstated and then suspended again in May 2003 because of Angela's continuing inability to control her temper. During one visit, Angela became uncontrollably angry because she believed a diaper supplied by the foster mother was "too small." Enraged, she knocked over a chair and threw a diaper bag across the room. Angela did not cooperate with efforts to reinstate her visitation. She initially refused to meet with her service provider. She engaged in threatening behavior toward others when she finally participated a meeting to discuss visitation and other issues. Angela remains unwilling to cooperate with service providers.
Hope has now been removed from her mother's care for more than a year. Angela has failed to maintain significant and meaningful contact with her daughter. She does not have a significant parent-child bond with Hope. Although Angela has been offered numerous services, she remains unable to provide a stable home environment for her daughter. Angela blames others for her inability to successfully parent her child. Her conduct at the termination hearing, as described by the trial court, included "over animated gestures, mercurial changes in mood, seething anger, and object despondency to name a few." The record reveals the circumstances which led to Hope's adjudication as a child in need of assistance continue to exist. Hope would not be safe if returned to her mother's care. Hope became less agitated after she was removed from Angela's home. The foster parents did not experience the crying spells described by the Angela. We conclude the juvenile court's decision to terminate Angela's parental rights under sections 232.116(1)(d) and (h) was correct. Termination is clearly in Hope's best interests.
Accordingly, we affirm the decision of the juvenile court.