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In re D.M.B

Court of Appeals of Iowa
Oct 12, 2005
707 N.W.2d 336 (Iowa Ct. App. 2005)

Opinion

No. 5-681 / 05-1072

Filed October 12, 2005

Appeal from the Iowa District Court for Warren County, Richard B. Clogg, District Associate Judge.

A mother appeals the juvenile court order terminating her parental rights. AFFIRMED.

Kevin Parker of Elgin, Patin Parker, Indianola, for appellant mother.

Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Gary Kendell, County Attorney, and Alyssa Kenville, Assistant County Attorney, for appellee-State.

Jeffrey Mains of Mains Law Office, P.L.C., Des Moines, guardian ad litem for minor child.

Considered by Huitink, P.J., and Zimmer and Hecht, JJ.


I. Background Facts Proceedings

Sonya and Christopher are the parents of Desirae, who was born in February 2000. Sonya has a history of substance abuse. Desirae was removed from Sonya's care in August 2003 when Sonya was arrested for possession of an incendiary device, possession of illegal drugs, and child endangerment. Desirae was placed with the maternal great-grandmother.

Christopher is serving a life sentence in prison, and he is not a party in this appeal.

In November 2003 Desirae was adjudicated to be a child in need of assistance (CINA) under Iowa Code sections 232.2(6)(c)(2) (2003) (child is likely to suffer harm due to parent's failure to supervise), (n) (parent's drug abuse results in child not receiving adequate care) and (p) (parent manufactures methamphetamine in the presence of a child). The dispositional order was entered on January 7, 2004, and it provided for Desirae's continued placement with the great-grandmother. Sonya was also ordered to cooperate and attend substance abuse treatment, obtain a psychosocial evaluation, participate in individual therapy, give random drug screens, and participate in in-home therapy.

Sonya failed to maintain contact with the Iowa Department of Human Services and did not participate in services as ordered. After a permanency hearing in March 2004, the juvenile court ordered the State to file a petition to terminate the parents' rights. Sonya's last visit with Desirae was in July 2004. Due to these factors, Desirae was moved to a pre-adoptive foster home. The record also indicates Sonya has been incarcerated since January 2005 on theft-related offenses.

The guardian ad litem filed a petition to terminate parental rights in March 2005. The juvenile court terminated Sonya's parental rights pursuant to sections 232.116(1)(b) (2005) (abandonment), (d) (child CINA for neglect, circumstances continue despite the receipt of services), (e) (child CINA, removed for six months, parent has not maintained significant and meaningful contact), and (f) (child four or older, CINA, removed for at least twelve months, and cannot be returned home). The juvenile court noted that Desirae could not be placed with Sonya due to her incarceration, and even if Sonja were not incarcerated, Desirae would suffer neglect if returned to Sonya's care. Sonya 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 interests of the child. In re J.L.W., 570 N.W.2d 778, 780 (Iowa Ct.App. 1997).

III. Sufficiency of the Evidence

Sonya contends, "the juvenile court erred in finding clear and convincing evidence that the child cannot be returned to her parent, Sonya . . ., mother of this child." In her argument, Sonya is challenging one of the elements of section 232.116(1)(f). Sonya does not challenge the termination of her parental rights under sections 232.116(1)(b), (d), and (e). "Failure in the brief to state, to argue or to cite authority in support of an issue may be deemed waiver of that issue." Iowa R. App. P. 6.14(1)( c). Because Sonya has waived any argument concerning termination of her parental rights under sections 232.116(1)(b), (d), and (e), we may affirm on these grounds.

IV. Best Interests

Sonya claims termination of her parental rights is not in Desirae's best interests. She asserts that she has a bond with her child and should remain a part of her child's life. The evidence showed, however, that Sonya had very little contact with Desirae for the past year. Sonya did not maintain contact with social workers and did not participate in services so that she could be reunited with her child. Sonya's conduct shows she did not put Desirae's needs above her own. We determine that termination of Sonya's parental rights is in Desirae's best interests.

V. CINA Record

Sonya contends the juvenile court should not have taken judicial notice of the CINA file when it was not offered as an exhibit. See In re Adkins, 298 N.W.2d 273, 277-78 (Iowa 1980) (noting that when a juvenile court takes judicial notice of a CINA file, all noticed documents and testimony should be made a part of the record); J.L.W., 570 N.W.2d at 780 (same).

We determine this issue has not been preserved for our review. When the State asked the court to take judicial notice of the CINA file, Sonya's attorney stated, "Your Honor, as to the Child in Need of Assistance file, I don't think I have any objection to that because I believe the Court can take judicial notice." Where a party fails to object to the court taking judicial notice, error has not been preserved. See In re D.A.W., 552 N.W.2d 901, 903 (Iowa Ct.App. 1996).

We affirm the juvenile court decision in this case.

AFFIRMED.


Summaries of

In re D.M.B

Court of Appeals of Iowa
Oct 12, 2005
707 N.W.2d 336 (Iowa Ct. App. 2005)
Case details for

In re D.M.B

Case Details

Full title:IN THE INTEREST OF D.M.B., Minor Child, S.B., Mother, Appellant

Court:Court of Appeals of Iowa

Date published: Oct 12, 2005

Citations

707 N.W.2d 336 (Iowa Ct. App. 2005)