Opinion
No. 5-305 / 05-0357
Filed April 28, 2005
Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge.
Mother appeals the order terminating her parental rights to her daughter. AFFIRMED.
Donald Williams, Des Moines, for appellant-mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, John Sarcone, County Attorney, and Andrea Vitzthum, Assistant County Attorney, for appellee State.
Considered by Vogel, P.J., and Miller and Hecht, JJ.
Toya appeals the termination of her parental rights to Samia, born in July of 1993. We affirm.
I. Background Facts and Proceedings
Samia first came to the attention of the juvenile court in October of 2002 when the juvenile court ordered that Samia be removed from Toya's care because Toya had left Samia in the care of a virtual stranger, while Toya's whereabouts were unknown. There were also concerns regarding possible drug use by Toya. In December of 2002, Samia was adjudicated a child in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(c)(2) (child is likely to suffer harm due to parent's failure to exercise care in supervising child) and (6)(n) (parent's drug abuse results in child not receiving adequate care).
In May of 2003, a review hearing was held, and it was concluded that Toya had made significant progress. As a result, in July of 2003, the juvenile court returned Samia to Toya's care. Unfortunately, this reunion was short lived. Shortly after Samia was returned to Toya, Samia was improperly moved to the care of a relative in Chicago and Toya tested positive for cocaine use. Samia was placed in the custody of DHS and returned to foster care in September of 2003.
Following a permanency hearing held in November of 2003 and January of 2004, the juvenile court entered an order finding that Samia could again return to Toya's care if Toya continued her sobriety, complied with treatment, and obtained a stable job. Samia was ten years old at the time of this hearing and strongly desired reunification with her mother. The district court also concluded that the primary permanency goal should still be the return of Samia to Toya's care, but also ordered that concurrent planning continue as Toya had tested positive for cocaine in September of 2003, and amphetamines in October of 2003.
Toya again tested positive for cocaine use in April of 2004 and failed to submit to subsequent court-ordered drug screenings. Samia's guardian ad litem filed a petition to terminate parental rights in June of 2004. An appropriate relative placement was identified for Samia, and the court modified custody accordingly. Toya's parental rights were terminated pursuant to Iowa Code section 232.116(1)( l) (child CINA, parent has substance abuse problem, child cannot be returned within a reasonable time) in February of 2005. Toya appeals.
II. Scope of Review
Termination orders are reviewed de novo. See In re M.M.S., 502 N.W.2d 4, 5 (Iowa 1993). The primary interest in termination proceedings is the best interest of the child. In re R.K.B., 572 N.W.2d 600, 601 (Iowa 1998).
III. Issue
Toya concedes on appeal that the statutory grounds for termination have been met. However, termination is not mandatory upon satisfaction of the statutory elements for termination. In re C.W., 554 N.W.2d 279, 282 (Iowa Ct.App. 1996). Termination of parental rights must still be in the best interest of the child. Id. Toya asserts the juvenile court's order terminating her parental rights must be reversed because the juvenile court failed to give proper consideration to the factors set forth in Iowa Code section 232.116(2) in determining termination was in Samia's best interest.
Iowa Code section 232.116(2) provides that in considering whether termination of parental rights is in a child's best interest a court should give primary consideration to: (1) the child's safety; (2) what is the best placement for furthering the long-term nurturing and growth of the child, (3) the physical, mental, and emotional condition and needs of the child. See Iowa Code § 232.116(2). The juvenile court, in its findings of fact stated:
Termination of parental rights is in Samia's best interest and would be less detrimental than the harm that would be caused to her by continuing the parent/child relationships. Samia has been out of her mother's custody since October, 2002, except for approximately 50 days when she was briefly returned to her mother's custody. Samia needs a safe and stable, substance-free environment in which to grow to adulthood. A loving relative who can provide her with the consistency and structure and permanent home is ready, willing and able to adopt her. Samia is ready to begin this new chapter of her life.
Samia's father's parental rights were also terminated in the same order by the juvenile court. He has not appealed this order.
Additionally, the juvenile court, citied Iowa Code section 232.116(2) for its legal conclusion that, "the State has established by clear and convincing evidence that termination of parental rights is in Samia's best interest and would be less detrimental than the harm that would be caused to her by continuing the parent/child relationship." Thus, the district court did consider the factors enumerated in section 232.116(2) in determining termination of Toya's parental rights was in Samia's best interests.
Moreover, our de novo review of the record leads us to the same conclusion. We recognize, as did the district court, that Toya has done well at times in working towards Samia being returned to her custody. However, in the months prior to the termination of her parental rights, Toya had lost her job, had yet another drug relapse, and had no contact with Samia for a period of months. Furthermore, Toya, throughout the pendency of the juvenile proceedings, was offered services to address her drug addiction, but she has only marginally benefited from these services. In fact, throughout the juvenile proceedings Toya demonstrated a pattern of instability and of drug addiction, which has caused her to inappropriately place Samia in the care of others on at least two occasions. This past behavior is indicative of what Samia could expect if she were returned to Toya's care. See In re C.B., 611 N.W.2d 489, 495 (Iowa 2000). After considering Samia's safety, what is the best placement for furthering the long-term nurturing and growth of Samia, and the physical, mental, and emotional condition and needs of Samia, we agree with the district court's conclusion. It is in Samia's best interests that the parental rights of Toya be terminated.