Opinion
No. 3-645 / 03-1232
Filed September 10, 2003
Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge.
A mother appeals the termination of her parental rights to her child. AFFIRMED.
William Binkard, South Sioux City, for mother.
Joseph Flannery, LeMars, for father.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Thomas S. Mullin, County Attorney, and Marleen Loftus, Assistant County Attorney, for appellee.
John Polifka, Juvenile Law Center, Sioux City, for minor child.
Considered by Huitink, P.J., and Vaitheswaran and Eisenhauer, JJ.
A mother appeals the termination of her parental rights to her child. She contends the State has failed to prove the grounds for termination by clear and convincing evidence, and that termination is not in the best interest of the child. We review her claims de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).
The juvenile court terminated the mother's parental rights pursuant to Iowa Code sections 232.116(1)(d), (e), (g), (h), and (l) (2003). 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). We conclude clear and convincing evidence supports termination under section 232.116(1)(e). The mother has not maintained significant and meaningful contact with the child, who was removed from her custody on October 11, 2002. She has not taken action to resume care of the child despite being given the opportunity to do so. The mother has not provided any financial support to the child. Although the mother was offered weekly visitation with the child, the mother ceased contact with the child in January 2003. She likewise has not had contact with the Department of Human Services since that time, and did not attend the termination hearing.
We also conclude termination is in the best interest of the child. The child was removed from her mother's custody when she was three days old. She has been cared for by foster parents who have expressed an interest in adopting her. The mother has previously had her parental rights to four other children terminated. She has not been compliant with services or with visitation with the child. Her actions indicate an unwillingness to assume a parenting role with the child. The future can be gleaned by the parents' past performance. In re T.B., 604 N.W.2d 660, 662 (Iowa 2000).
The child should not be forced to endlessly suffer in parentless limbo. See In re E.K., 568 N.W.2d 829, 831 (Iowa Ct.App. 1997). At some point, the rights and needs of the child rise above the rights and needs of the parent. In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct.App. 1997).