Opinion
No. 5-928 / 05-1514
Filed January 19, 2006
Appeal from the Iowa District Court for Linn County, Susan Flaherty, Associate Juvenile Judge.
The legal guardian of a minor child appeals the juvenile court order terminating her guardianship during proceedings terminating the parents' rights. AFFIRMED.
Leslie E. Stokke, Cedar Rapids, for appellant.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Harold Denton, County Attorney, and Kelly Kaufman, Assistant County Attorney, for appellee State.
Robert Davison, Cedar Rapids, for mother.
Annette Martin, Cedar Rapids, guardian ad litem for minor child.
Considered en banc.
Kimberly is the maternal grandmother of Davante, born in 1997. She is also the child's legal guardian. In September 2003, Davante was removed from Kimberly's home after a hair test showed he had been exposed to cocaine. A hair test of Kimberly was also positive for illegal drugs. Neither Kimberly nor the parents were able to show that they could adequately care for Davante.
In February 2005, the State filed a petition seeking termination of the parents' rights and asking that the Iowa Department of Human Services be appointed as guardian of the child. Kimberly intervened. At the termination hearing, Kimberly's attorney stated, "my client has indicated that she would stipulate and agree that her guardianship rights be terminated. . . ." Kimberly indicated on the record that she agreed with her attorney's statements. She and her attorney then left the hearing.
In the termination order, the juvenile court found, "Guardianship by Kimberly has not provided this child with the safety and security that he requires." The court removed Davante from the guardianship of Kimberly and placed him under the guardianship of the Department.
Kimberly now appeals, claiming the juvenile court should not have terminated her guardianship over Davante. By stipulating to the termination of the guardianship before the juvenile court, we conclude Kimberly has waived this issue on appeal. She has failed to preserve error as to any objections she might have had to the termination of the guardianship. See In re T.J.O., 527 N.W.2d 417, 420 (Iowa Ct.App. 1994) (noting an issue not presented to the juvenile court may not be raised for the first time on appeal).
We affirm the decision of the juvenile court.