Opinion
No. 5-467 / 05-0661
Filed June 15, 2005
Appeal from the Iowa District Court for Woodbury County, Brian L. Michaelson, Associate Juvenile Judge.
A mother appeals from the order terminating her parental rights to two of her children. AFFIRMED.
Stephanie Forker Parry of Forker Parry, Sioux City, for appellant.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Thomas S. Mullin, County Attorney, and Dewey Sloan, Assistant County Attorney, for appellee-State.
Michelle Dreibelbis of the Juvenile Law Center, Sioux City, guardian ad litem for minor children.
Considered by Huitink, P.J., and Mahan and Zimmer, JJ.
Kristine G. appeals from a juvenile court order which terminated her parental rights to two of her children. Upon our de novo review, we affirm.
I. Background Facts Proceedings
Kristine G. gave birth to twins, James and Camille I., on April 30, 2004. Kristine used a variety of drugs during her pregnancy. She received no prenatal care because she did not want anyone to know she was using drugs. James and Camille were born six weeks premature. The twins tested positive for cocaine at birth and were hospitalized for several weeks. The children were removed from their mother's custody after they left the hospital and placed in foster care.
Kristine has two other children. One of those children was placed for adoption several years ago. The other is in the custody of the child's father due to Kristine's addiction to drugs and other issues.
The juvenile court adjudicated James and Camille as children in need of assistance (CINA) on July 7, 2004. A few days later, the children transitioned from foster care to placement with relatives. Efforts to reunify the mother with her children proved unsuccessful, and on January 5, 2005, the State filed a petition to terminate Kristine's parental rights. Following a termination hearing, the juvenile court entered an order on April 6, 2005, terminating the parental rights of the mother and father. Only Kristine has pursued an appeal. II. Scope of Review
The State also petitioned to terminate the parental rights of the father, Anthony I. Anthony has an extensive criminal history. There has also been a significant history of domestic violence in the relationship between the mother and father.
Anthony did not appear at the termination hearing. His whereabouts are unknown.
We review termination proceedings de novo. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993). 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 interests of the children. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
III. Discussion
On appeal, Kristine claims (1) the State failed to prove the statutory grounds for termination by clear and convincing evidence, and (2) termination is not in her children's best interests. We will address each of her arguments in turn.
The juvenile court terminated Kristine's parental rights pursuant to Iowa Code sections 232.116(1)(b) (abandonment), (d) (children CINA for physical or sexual abuse or neglect, circumstances continue to exist despite receipt of services), (e) (children CINA, removed for six months and parent has not maintained meaningful contact), and (h) (children are three or younger, CINA, removed from home for six of the last twelve months, and cannot be returned home) (2003).
Kristine made some modest progress after her children were removed from her custody. She completed an inpatient treatment program during July 2004 while she was incarcerated on criminal charges, and she cooperated with the services which were provided for her. Unfortunately, her progress was short lived.
Kristine resumed using drugs in the fall of 2004 and was subsequently incarcerated on two occasions. Following her relapse, she failed to maintain regular contact with her service providers. Kristine was asked to leave the Crossroads Shelter program due to a violation of the program's rules. The mother's visits with her children had to be suspended because of her use of drugs and failure to participate in services. Kristine failed to secure steady employment and failed to secure housing. She served a twenty-day jail sentence during January 2005. Kristine did not complete another chemical dependency evaluation until just before the termination hearing. She had not complied with a recommendation for inpatient treatment as of the date the termination hearing was held. Kristine failed to terminate her dysfunctional relationship with the children's father. She was involved in an incident of domestic violence with Anthony at a motel about one week before the termination hearing. Both the mother and father were using drugs when the incident occurred. We conclude all of the grounds for termination advanced by the State in its petition to terminate Kristine's parental rights were proven by clear and convincing evidence.
Kristine also contends the State failed to prove that termination of her parental rights is in her children's best interests. Even if the statutory requirements for termination of parental rights are met, the decision to terminate must be in the children's best interests. In re M.S., 519 N.W.2d 398, 400 (Iowa 1994). In considering the best interests of the children, we look to their long-range as well as immediate best interests. In re C.K., 558 N.W.2d 170, 172 (Iowa 1997). Kristine's unresolved drug problem and domestic violence issues continued to be major concerns when the termination hearing was held. Her children have been removed from her care for more than one year and Kristine is still unable to provide them with a safe, stable, and nurturing home. Children should not be forced to endlessly await the maturity of a natural parent. C.B., 611 N.W.2d at 494. At some point, the rights and needs of the children rise above the rights and needs of the parent. In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct.App. 1997). In this case, it is clear that termination of the mother's parental rights is in her children's best interests. Accordingly, we affirm the juvenile court's decision.