Opinion
No. 6-048 / 05-2063
Filed March 1, 2006
Appeal from the Iowa District Court for Polk County, Joe E. Smith, Judge.
A mother appeals the termination of her parental rights to her child. AFFIRMED.
Bryan J. Tingle of Kragnes, Tingle Koenig, P.C., Des Moines, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Michelle Chenoweth, Assistant County Attorney, for appellee.
Jessica Miskimins, Youth Law Center, Des Moines, guardian ad litem 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 juvenile court erred in terminating her parental rights and that termination was 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).
A.D. was born in May of 2003. She was removed from the custody of her mother on September 3, 2004 and then placed by the court with a relative in Texas on June 17, 2005. The mother is a juvenile and at the time of the termination hearing was in placement at the Girls State Training School after pleading guilty to possession of methamphetamine with intent to deliver. On November 22, 2005, she consented in writing and orally to the court to the termination of her parental rights.
Parental rights were terminated pursuant to Iowa Code section 232.116(1)(a) (2005). Termination is appropriate under this section where "[t]he parents voluntarily and intelligently consent to the termination of parental rights and the parent-child relationship and for good cause desire the termination." Iowa Code § 232.116(1)(a). The mother consented to termination, but now claims she did not understand the consequences of her consent and now believes she can provide the child with a safe and stable life. The mother consented both orally and in writing to the termination of her parental rights. At the termination hearing on November 30, 2005, the mother reiterated her consent to termination. In its order, the juvenile court noted "understanding of the gravity of the consent was made on the record before the court." The evidence before the court on November 30, 2005 leads us to conclude clear and convincing evidence supports termination pursuant to section 232.116(1)(a).
The mother also contends termination was not proper because it is not in the child's best interest and because the child is in the care of a relative as set forth in section 232.116(3)(a). These arguments were not presented and passed on by the juvenile court. Therefore, we conclude these issues are not properly before us on appeal. In re T.J.O., 527 N.W.2d 417, 420 (Iowa Ct. App. 1994).