Opinion
No. 4-428 / 04-0229.
June 23, 2004.
Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge.
E.H. appeals from the termination of her parental rights to S.J. AFFIRMED.
Brad Schroeder of Hartung Schroeder, Des Moines, for appellant.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, John Sarcone, County Attorney, and Olu Salami, Assistant County Attorney, for appellee-State.
Kimberly Ayotte of Youth Law Center, Des Moines, guardian ad litem for minor child.
Thomas Webster, Des Moines, for father.
Considered by Mahan, P.J., and Zimmer and Eisenhauer, JJ.
I. Background Facts Proceedings
Ericka is the mother of Stacy, who was born in April 2001. Ericka has a history of substance abuse and criminal problems. Stacy was removed from his mother's care in September 2002 because he had been exposed to illegal substances and tested positive for cocaine. Stacy was adjudicated to be a child in need of assistance pursuant to Iowa Code sections 232.2(6)(c)(2), (n), and (o) (Supp. 2001).
Ericka entered an outpatient program at the House of Mercy, but was unsuccessfully discharged due to continued drug use. In February 2003 Ericka entered an in-patient treatment program. She completed that program, and in June 2003, entered a House of Mercy residential program. Ericka tested positive for marijuana at the time she entered the program. She was unsuccessfully discharged about one month later due to a failure to follow rules.
Concerns arose that Ericka had relapsed into old behaviors. Ericka did not provide any drugs tests after she left the House of Mercy. She continued to have contact with family and friends who had substance abuse problems and were involved in criminal activities. Ericka denied that she had a substance abuse problem.
In November 2003 the State filed a petition seeking to terminate Ericka's parental rights. Ericka entered a relapse prevention treatment program, but was discharged for sporadic attendance. The juvenile court terminated Ericka's parental rights pursuant to sections 232.116(1)(d), (e), (h), and (l) (2003). The court found Stacy needed and deserved a safe and stable drug-free environment, which Ericka was unable to provide. Ericka 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
Ericka contends the State did not present sufficient evidence to support termination of her parental rights. She points out that she completed a substance abuse treatment program. She asserts that she remains committed to regaining custody of her son.
We find there is clear and convincing evidence in the record to show Stacy cannot be safely returned to Ericka's care at the present time. Ericka has not been successful in after-care treatment. Her failure to provide any drug tests after she completed the substance abuse treatment program raises concerns that she has continued to use illegal substances. Ericka has not made the changes which would be necessary before she could adequately care for Stacy.
IV. Best Interests
Ericka claims termination of her parental rights is not in Stacy's best interests. Stacy particularly needs a stable and secure home because he has symptoms of reactive attachment disorder. Moving Stacy from his current pre-adoptive placement could cause behavior problems. Stacy's therapist reported that he had great difficulty with visitations. We conclude termination of Ericka's parental rights is in Stacy's best interests.
We affirm the decision of the juvenile court.