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In re T.C.

Court of Appeals of Iowa
Feb 6, 2002
No. 1-986 / 01-1098 (Iowa Ct. App. Feb. 6, 2002)

Opinion

No. 1-986 / 01-1098.

Filed February 6, 2002.

Appeal from the Iowa District Court for Black Hawk County, STEPHEN C. CLARKE, Judge.

The mother appeals from the termination of her parental rights, contending termination was not in the children's best interests. AFFIRMED.

John Bishop, Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, and Mary Pippin, Assistant Attorney General, for appellee-State.

Timothy Baldwin, Waterloo, for minor children.

Considered by HUITINK, P.J., and ZIMMER and VAITHESWARAN, JJ.


A mother appeals from the termination of her parental rights to her children. She contends termination was not in the children's best interests. We affirm.

I. Background Facts and Proceedings .

Cecillia is the mother of Terrell and Shavon. She and her children first came to the attention of the Iowa Department of Human Services (DHS) in July 1999 when Cecillia was involved in an automobile accident. She tested positive for cocaine and had a blood alcohol level of .127. Cecillia was pregnant with Shavon at the time of the accident.

The children came to the attention of DHS again on October 17, 1999, when they were left home alone in the middle of the night. Cecillia was charged with child endangerment and jailed. The children's maternal grandmother assumed care of the children with Cecillia's consent. The children were removed from their mother's custody by temporary removal order on February 10, 2000, after Cecillia threatened to take the children from their grandmother's home and remove them from the jurisdiction. The grandmother, aware of her daughter's history of drug abuse and irresponsible behavior, requested court intervention.

On March 8, 2000, the children were adjudicated children in need of assistance under Iowa Code sections 232.2(6)(a), (c)(2), (j), and (n) (1999). They were placed with their grandmother subject to the protective supervision of DHS. The children remained with their grandmother until September 15, 2000. At that time, the grandmother indicated she could no longer care for them, and they were placed in foster family care where they have remained.

In February of 2000, the State filed a petition to terminate Cecillia's parental rights and the putative fathers' parental rights to Terrell and Shavon. Cecillia was in prison when the termination hearing was held. Following hearing, the juvenile court entered a decree on June 11, 2001 terminating Cecillia's parental rights. The parental rights of the putative and unknown biological fathers of the children were also terminated. Cecillia filed a notice of appeal.

II. Standard of Review .

Termination proceedings are reviewed de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). Although they are not binding, we give weight to the juvenile court's findings of fact, especially when considering the credibility of witnesses. Id. The primary interest in termination proceedings is the best interest of the children. Id. The State has the burden to prove the allegations of the petition by clear and convincing evidence. Iowa Code § 232.86.

III. Termination of Parental Rights .

The court terminated Cecillia's parental rights to Terrell under Iowa Code sections 232.116(1)(b), (d), and (e). Her parental rights to Shavon were terminated under sections 232.116(1)(b), (d), and (g). She does not contest the sufficiency of evidence to support termination under any of the grounds relied on by the juvenile court. Instead, she argues terminating her parental rights does not serve the children's best interests.

Even if the statutory requirements for termination are met, the decision to terminate must be in the best interests of the children. In re C.W., 554 N.W.2d 279, 282 (Iowa Ct. App. 1996). In assessing the best interests of the children, we must evaluate their long range as well as immediate interests. In re K.F., 437 N.W.2d 559, 560 (Iowa 1989). We consider what the future likely holds for the children if returned to their parents. Id. We gain insight into the children's prospects by reviewing the evidence of the parent's past performance for it may be indicative of the parent's future capabilities. In re M.S., 519 N.W.2d 398, 400 (Iowa 1994).

We find termination of Cecillia's parental rights to be in the best interests of the children. Cecillia has not provided her children with proper care and treatment. She tested positive for cocaine immediately prior to Shavon's birth. She left her children unattended in the middle of the night and was charged with child endangerment. She had minimal contact with her children after their removal. She was convicted of arson, received a suspended sentence, violated her probation, and was then incarcerated. Cecillia has been unable or unwilling to participate in services she has been offered. Terrell and Shavon have spent most of their lives living with others. They had been in the care of their grandmother or in foster placement for nineteen months at the time the termination hearing was held.

While the law requires a "full measure of patience with troubled parents who attempt to remedy a lack of patenting skills," this patience has been built into the statutory scheme of Iowa Code chapter 232. C.B., 611 N.W.2d at 494. Children should not be forced to endlessly await the maturity of a natural parent. Id. "At some point, the rights and needs of the child rise above the rights and needs of the parent." In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct. App. 1997). We find that Terrell and Shavon have waited long enough for their mother to overcome her problems and become a responsible parent. They need the stability and permanency their mother is obviously unable to provide. It is in Terrell and Shavon's best interests that Cecillia's parental rights be terminated. Accordingly, we affirm.

AFFIRMED.


Summaries of

In re T.C.

Court of Appeals of Iowa
Feb 6, 2002
No. 1-986 / 01-1098 (Iowa Ct. App. Feb. 6, 2002)
Case details for

In re T.C.

Case Details

Full title:In re T.C. and S.C., Minor Children, C.C., Mother, Appellant

Court:Court of Appeals of Iowa

Date published: Feb 6, 2002

Citations

No. 1-986 / 01-1098 (Iowa Ct. App. Feb. 6, 2002)