Opinion
No. 6-001 / 05-1811
Filed January 19, 2006
Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.
A mother appeals the juvenile court order terminating her parental rights. AFFIRMED.
Laura Langenwalter of Langenwalter Law Firm, Waterloo, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Steven Halbach, Assistant County Attorney, for appellee.
Michael Lanigan, Waterloo, for father.
Sharon Briner, Juvenile Public Defender's Office, Waterloo, guardian ad litem for minor children.
Considered en banc.
I. Background Facts Proceedings
Amanda and Benjamin are the parents of Cheyenne, born in May 2000, and Kayla, born in November 2001. Both parents have a history of substance abuse. Amanda also has mental health problems. The parents have an unstable, and sometimes violent, relationship. The children were removed from Amanda's care in July 2004 because she had at times left the children without adult supervision. There were also concerns that Amanda had been using illegal drugs in the presence of the children. The children were placed in foster care.
The children were adjudicated to be in need of assistance (CINA), pursuant to Iowa Code sections 232.2(6)(c)(2) (2003) (child is likely to suffer harm due to parent's failure to supervise) and (n) (parent's drug abuse results in child not receiving adequate care). The parents were ordered to participate in family-centered services, including therapy and skill development services. The parents were also ordered to obtain substance abuse evaluations and to provide drug tests. In addition, Amanda was ordered to continue with mental health treatment.
Amanda has problems with anger management. After the children were removed she threatened the social workers. Amanda was diagnosed with a borderline personality disorder. She takes medication for her condition and attends individual therapy. Amanda was arrested for slashing Benjamin's tires, and was placed on probation. Amanda reunited with Benjamin despite their history of domestic abuse. Benjamin did not participate in services.
Amanda told a worker "I will smoke pot until the day I die and you people can't do anything about it." She completed in-patient treatment, but failed to follow through with recommended out-patient treatment. Amanda had several positive drug tests.
In August 2005, the State filed a petition seeking termination of the parents' rights. The juvenile court terminated Amanda's parental rights under sections 232.116(1)(e) (2005) (e) (parent has not maintained significant and meaningful contact with child), (f) (child four or older, CINA, removed for at least twelve months, and cannot be returned home) (Cheyenne), (h) (child three or younger, CINA, removed at least six months, and cannot be returned home) (Kayla), and (l) (parent has substance abuse problem and child cannot be returned within a reasonable time). The court found:
The juvenile court also terminated the parental rights of Benjamin. He has not appealed.
Neither parent is able to provide a safe and stable home environment in which the children can be returned. Further, no parent has demonstrated during the past sixteen months their ability to place the children's day-to-day need for protection, nurturing and emotional support above their own immediate desires. The harms which led to the children's removal continue to exist, despite over one year of Juvenile Court supervision. Because of the parent's lengthy history of using illegal substances, mental health and relationship issues, the Court finds to delay the children obtaining a permanent home, because of a parent's report of abstinence for a couple months, is clearly not in the children's best interests.
Amanda appeals the termination of her parental rights.
II. Standard of Review
The scope of review in termination cases is de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). The grounds for termination must be proven by clear and convincing evidence. In re T.B., 604 N.W.2d 660, 661 (Iowa 2000). Our primary concern is the best interest of the children. In re J.L.W., 570 N.W.2d 778, 780 (Iowa Ct.App. 1997).
III. Sufficiency of the Evidence
Amanda contends there is insufficient evidence in the record to support the termination of her parental rights. On our de novo review, we determine there is clear and convincing evidence in the record to support the termination. The evidence shows the children could not be safely returned to Amanda's care. Amanda was still involved in an abusive relationship with Benjamin. Benjamin had not participated in services and had not taken any steps to address his substance abuse or alcohol problems. Furthermore, Amanda's parenting skills had not progressed to the point where she could provide adequate care for the children. Amanda continued to have problems with anger management and substance abuse. We determine Amanda's parental rights were properly terminated as to Cheyenne under section 232.116(1)(f) and as to Kayla under section 232.116(1)(h).
"When the juvenile court terminates parental rights on more than one statutory ground, we need only find grounds to terminate under one of the sections cited by the juvenile court to affirm." In re S.R., 600 N.W.2d 63, 64 (Iowa Ct.App. 1999). Because we affirm the termination of Amanda's parental rights under sections 232.116(1)(f) and (h), we do not need to address Amanda's arguments based on sections 232.116(1)(e) and (l).
We affirm the decision of the juvenile court.