Opinion
No. 4-376 / 04-0772.
June 23, 2004.
Appeal from the Iowa District Court for Woodbury County, Brian L. Michaelson, Associate Juvenile Judge.
A mother appeals the juvenile court's termination of her parental rights. AFFIRMED.
Elizabeth A. Row, Sioux City, for appellant-mother.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Thomas S. Mullin, County Attorney, and Cindy Blair, Assistant County Attorney, for appellee-State.
Marchelle Denker, Sioux City, guardian ad litem for minor children.
Considered by Sackett, C.J., and Huitink and Miller, JJ.
Appellant-mother Sherri appeals the juvenile court's termination of her parental rights pursuant to Iowa Code sections 232.116(1)(d), 232.116(1)(f), and 232.116(1)(h) (2003). On appeal Sherri contests the termination under each of the three grounds. She also argues the juvenile court should have exercised its discretion under section 232.116(3)(b) and (c) not to terminate her rights to Ynez and Austin. We affirm.
Sherri is the mother of Ynez, born November 11, 1988; Austin, born March 29, 1994; and Cory, born April 24, 2000. The putative father of Ynez and Austin is Rosendo, who reportedly lives in Mexico and has not had contact with Ynez or Austin for the last eight years. The putative father of Cory is Earl, who has an unknown address and has never had contact with Cory. Neither Rosendo nor Earl is a party to this appeal. Sherri is also the mother of an adult son, Rosendo, Jr., who is twenty-four and lives in Arizona.
The Iowa Department of Human Services first became involved with Sherri and her children after the birth of Cory, when Sherri failed to pursue medical care for Cory's club foot. Sherri was offered voluntary services to address her children's medical and other needs, but she failed to take full advantage of them. Sherri's failure to avail herself of these services, together with her continuing financial problems, which resulted in her losing electricity, as well as her ongoing involvement in violent domestic relationships, led to the finding by the juvenile court in April of 2002 that Inez, Austin, and Cory were children in need of assistance (CINA). As part of the CINA order the children were immediately removed from Sherri's care and placed in foster care.
All three children have been in foster care since April of 2002. Ynez and Austin both live in the same foster home and are reportedly well-adjusted. Cory is in a separate foster home and is also apparently doing well. Sherri has received services for approximately two years. She was granted visitations, including unsupervised overnight visitations beginning August 29, 2003, which were subsequently suspended. During supervised visitations Sherri was hostile with the caseworkers. Her children, especially Cory, exhibited poor behavior following visitations with Sherri.
The Department of Human Services had reunification as its ultimate goal until approximately November of 2003. Due to Sherri's continuing failure to cooperate with services and service providers, to address her children's health and everyday needs, and to get her finances under control, together with her continuing exposure to an abuser, the State sought to terminate her parental rights.
II. SCOPE OF REVIEW
We review orders terminating parental rights de novo. Iowa R. App. P. 6.4. We need only find grounds for termination under any one of the sections cited by the juvenile court to affirm. In re A.J., 553 N.W.2d 909, 911 (Iowa Ct.App. 1996).
III. ANALYSIS
Because the circumstances leading to the finding that Ynez, Austin, and Cory were in need of assistance due to Sherri's neglect continue to exist despite Sherri's receipt of services over the past two years, we affirm the juvenile court's termination of parental rights under section 232.116(1)(d).
Although Sherri has had phases of progress throughout the time she has received services, these phases have been short-lived. Considering Sherri's recent behavior beginning in late 2003, we conclude she has not demonstrated she is capable of caring for her children. Sherri has been aggressive and uncooperative with multiple service providers, including her in-home skill development provider, who ultimately moved services out of the home and into the Crittendon Center in December of 2003. Sherri was uncooperative with drop-in's. Although Sherri's individual therapy was effective in helping her cope with the absence of her children, it was not effective in teaching her why she was drawn into abusive relationships and how to avoid them in the future.
Sherri continues to be involved in an on-again off-again abusive relationship. An acquaintance of hers, Tony, has knocked out her teeth, and he gave her black eyes in November of 2003. Although Sherri claims she and Tony are not currently involved in a relationship, Tony is friends with someone who lives in the apartment below Sherri's, so he is often around her. Sherri and Tony were seen at a bar together in December 2003. Sherri's electric bill is in Tony's name.
Sherri is financially irresponsible. Her electric bill at the time of the hearing totaled approximately $1600. Sherri's electricity has been shut off in the past. She did not provide requested documentation showing she was following a payment plan to pay the electric bill off. Sherri did not pursue offered State assistance in obtaining automobile insurance.
Furthermore, Sherri was arrested for operating a vehicle while intoxicated in February of 2003. Her driver's license is currently suspended. Currently Sherri's sister, Jenny, lives with her, although she does not help pay rent. Jenny has been recently released from jail for attempted grand theft.
Sherri's failure to cooperate with services, her ongoing exposure to abuse, and her continuing financial problems put her in the same position she was in when her children were found to be in need of assistance and removed from her home two years ago. Ynez, Austin, and Cory appear to have adjusted well to their foster homes. Ynez and Austin live in the same foster home, which is potentially pre-adoptive. Ynez is doing exceptionally well in school, both academically and athletically. Austin has made great strides academically. Cory is also reportedly well-adjusted to a nurturing foster home. We affirm the termination of Sherri's parental rights under section 232.116(1)(d).
In light of the above considerations, we conclude the juvenile court was well within its discretion in denying Sherri's motion requesting the court not to terminate pursuant to the provisions of section 232.116(3).