Opinion
No. 4-355 / 04-0356.
June 9, 2004.
Appeal from the Iowa District Court for Woodbury County, Brian L. Michaelson, Associate Juvenile Judge.
M.D.S. appeals from the termination of his parental rights. AFFIRMED.
John Nelson, Sioux City, for appellant father.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Thomas S. Mullin, County Attorney, and David Dawson, Assistant County Attorney, for appellee-State.
Robert Pierson, Sioux city, for mother.
Marchelle Denker, Sioux City, guardian ad litem for minor child.
Considered by Mahan, P.J., and Zimmer and Eisenhauer, JJ.
I. Background Facts Proceedings
Martin and Tamra are the parents of Jesse, born in August 2000. Jesse was removed from the home in December 2000, after the parents were stopped by police officers and a large amount of methamphetamine was found in their car. Both parents have a history of substance abuse. Since the time of removal, Martin has remained incarcerated on federal drug charges. His earliest release date is in 2007.
Jesse was returned to Tamra's care at various times, but she continued to have substance abuse problems. In November 2003 the State filed a petition seeking termination of the parents' rights. Tamra voluntarily relinquished her parental rights.
Martin's parental rights were terminated pursuant to Iowa Code sections 232.116(1)(b) (2003) (abandonment), (d) (circumstances continue despite the receipt of services), (e) (lack of significant and meaningful contacts), (h) (child cannot be safely returned home), and (i) (child was in imminent danger and services would not correct conditions). The juvenile court found Martin spent little time with Jesse prior to his incarceration because he was dealing drugs, and subsequently has had minimal involvement with Jesse due to his incarceration. Martin appeals.
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).
III. Sufficiency of the Evidence
Martin contends there is insufficient evidence in the record to justify termination of his parental rights. He asserts that Jesse could have been placed in a long-term guardianship with his maternal grandmother, and that termination is unnecessary. He states that he has addressed his substance abuse problems while in prison.
A parent does not have an unlimited amount of time to address his deficiencies. In re H.L.B.R., 567 N.W.2d (Iowa Ct.App. 1997). Patience with parents can soon translate into intolerable hardship for a child. In re C.K., 558 N.W.2d 170, 175 (Iowa 1997). A child should not be forced to suffer in the limbo of parentless foster care. Id.
Clearly, Jesse cannot be placed in Martin's care at the present time and for some considerable amount of time in the future. Jesse should not be forced to wait until Martin can assume his parental responsibilities. We determine Martin's parental rights were properly terminated under section 232.116(1)(h). When the juvenile court terminates parental rights on more than one statutory ground, we need only finds 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 have affirmed on one ground, we do not need to address the other grounds cited by the juvenile court.
IV. Best Interests
Martin claims termination of his parental rights is not in Jesse's best interests. He states he has attempted to maintain a relationship with his child since he has been in prison. Even if the statutory requirements for termination of parental rights are met, the decision to terminate must still be in the best interests of the child. In re M.M.S., 519 N.W.2d 398, 400 (Iowa 1994). In considering a child's best interests, we look to the child's long-range as well as immediate interests. In re C.K., 558 N.W.2d at 172.
We conclude termination of Martin's parental rights is in Jesse's best interests. Jesse should not be required to wait longer for a stable home.
We affirm the decision of the juvenile court.