Opinion
No. 5-428 / 05-0660
Filed July 13, 2005
Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.
A mother appeals from the juvenile court order terminating her parental rights to the four youngest of her six children. AFFIRMED.
Stephan H. Small, Fairfield, for appellant-mother.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Mark Tremmel, County Attorney, and Jason Helm, Assistant County Attorney, for appellee.
Cynthia Hucks of Box Box, Ottumwa, guardian ad litem for minor children.
Mary B. Krafka of Krafka Law Office, Ottumwa, for father.
Considered by Sackett, C.J., and Huitink and Vaitheswaran, JJ.
A mother appeals from the juvenile court order terminating her parental rights to the four youngest of her six children. She contends it is not in the children's best interest to "be separated from their siblings and their mother, with whom they have a bond." On de novo review, we affirm.
Andrea is the mother and Davis the father of Amanda, Brenda, Kyle, Cody, Charles, and Hunter. By order filed in April 2005, the juvenile court terminated both parents' rights to the four youngest children under Iowa Code sections 232.116(1)(f) (2005) (Kyle and Cody) and (h) (Charles and Hunter). The court found the children could not be returned to their parents' care and termination was in their best interest.
The father consented to termination of his parental rights and is not involved in this appeal.
Amanda and Brenda, age fourteen and thirteen, are not involved in this proceeding.
On appeal, Andrea does not challenge either of the statutory grounds for termination cited by the juvenile court. Instead, she contends the four youngest children should not "be separated from their siblings and their mother, with whom they have a bond." The two cases cited as supporting legal authority relate to the best interest requirement, but not to separation of siblings or the discretion the juvenile court has not to terminate a parent's rights because of the closeness of the parent-child bond. See Iowa Code § 232.116(3) (giving the juvenile court the discretion not to terminate a parent's rights due to the closeness of the parent-child relationship); In re T.J.O., 527 N.W.2d 417, 420 (Iowa Ct.App. 1994) (observing that, although siblings should be kept together when possible, the paramount concern is the children's best interest); In re C.L.H., 500 N.W.2d 449, 454 (Iowa Ct.App. 1993) (noting the provisions of section 232.116(3) are permissive, not mandatory).
From our de novo review of the record, we do not find this issue was presented to or ruled on by the juvenile court. Issues not presented to and ruled on by the juvenile court may not be raised for the first time on appeal, even issues of constitutional magnitude. T.J.O., 527 N.W.2d at 420; In re C.D., 508 N.W.2d 97, 100 (Iowa Ct.App. 1993). As there are no issues properly before us on appeal, we affirm the juvenile court.