Opinion
No. 11-0260.
April 13, 2011.
Appeal from the Iowa District Court for Webster County, James A. McGlynn, Associate Juvenile Judge.
A mother appeals the district court's order terminating her parental rights. AFFIRMED.
Douglas E. Cook of Cook Law Office, Jewell, for appellant mother.
Thomas J. Miller, Attorney General, Janet L. Hoffman, Assistant Attorney General, Ricki Osborn, County Attorney, and Jennifer Bonzer, Assistant County Attorney, for appellee State.
Jonathan S. Beaty, Fort Dodge, for appellee father.
Marcy J. Lundberg, Fort Dodge, attorney and guardian ad litem for minor children.
Considered by VOGEL, P.J., and DOYLE and TABOR, JJ.
Tiffany appeals from the termination of her parental rights to her children, E.M. (born 2004) and D.L. (born 2008). She contends the court erred in finding termination of her parental rights was in the children's best interests. We review her claims de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).
The parental rights of the biological fathers of both children were terminated, and they do not appeal.
Tiffany's parental rights were terminated pursuant to sections 232.116(1)(e) as to both children, (f) as to E.M., and (h) as to D.L. (2009). Tiffany does not dispute the State proved the grounds for termination by clear and convincing evidence. Her only argument on appeal is that termination of her parental rights is not in E.M. and D.L.'s best interests. Even if a statutory ground for termination is met, a decision to terminate must still be in the best interests of a child after a review of Iowa Code section 232.116(2). In re P.L., 778 N.W.2d 33, 37, 40 (Iowa 2010). We consider "the child's safety," "the best placement for furthering the long-term nurturing and growth of the child," and "the physical, mental, and emotional condition and needs of the child." Id.
Tiffany contends she has a strong bond with her children and she is in a position to parent. E.M. was initially removed from Tiffany's care in January 2008, and D.L. in June 2009. Since that time, Tiffany has had three trial home placements, all of which resulted in a pattern of removal. She has continually involved herself with inappropriate or abusive relationships. While we acknowledge Tiffany loves these children, she has not made them a priority in her life, even abruptly leaving the State of Iowa and hence her children twice in the several months prior to the termination hearing — June and December 2010. The district court found "the children's safety is best ensured by termination of parental rights . . . this mother's chaotic lifestyle puts these children at risk." The children have thrived in their current foster home and we agree that termination of Tiffany's parental rights was in E.M. and D.L.'s best interests as set forth under the factors in section 232.116(2). See In re J.E., 723 N.W.2d 793, 802 (Iowa 2006) (Cady, J., concurring specially) (stating children's safety and their need for a permanent home are the defining elements in a child's best interests).