Opinion
No. 5-345 / 05-0121
Filed April 28, 2005
Appeal from the Iowa District Court for Woodbury County, Brian L. Michaelson, Associate Juvenile Judge.
M.E.A. appeals the termination of his parental rights. AFFIRMED.
John Moeller of O'Brien, Galvin Moeller, Sioux City for appellant father.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Thomas Mullin, County Attorney, and Dewey Sloan, Assistant County Attorney, for appellee-State.
Molly Vakulskas Joly of Vakulskas Law Firm, P.C., Sioux City, for mother.
Joseph Kertels, Juvenile Law Center, Sioux City, guardian ad litem for minor children.
Considered by Sackett, C.J., and Mahan and Zimmer, JJ.
I. Background Facts Proceedings
Marvin Sr. and Mary are the parents of Jakkari, born in December 1995, Marvin Jr., born in December 1998, and Zion, born in May 2002. Marvin Sr. is a registered sex offender. The parents' relationship involved domestic violence. There were also reports that Marvin Sr. had physically abused the children. The parents had a history of substance abuse. Jakkari and Marvin Jr. were removed from the parents' care in November 2001.
When Zion was born in May 2002, he tested positive for the presence of cocaine. All three children were adjudicated to be children in need of assistance (CINA) pursuant to Iowa Code sections 232.2(6)(b) (Supp. 2001) (parent is imminently likely to abuse or neglect child), (c)(2) (child is likely to suffer harm due to parent's failure to supervise), (n) (parent's drug abuse results in child not receiving adequate care) and (o) (illegal drug present in child).
Later in May 2002, the children were placed with Mary while she attended a treatment program for women and their children. In the meantime, Marvin Sr. had a substance abuse evaluation and attended an outpatient program. When Mary completed treatment in August 2002, she and the children returned to live with Marvin Sr. Mary relapsed into drug use, and in March 2003, Mary and the children entered the House of Mercy in Des Moines, which is also a treatment program for women and their children.
In October 2003 service providers received reports that Marvin Sr. was drinking, he had threatened his mother, and he was homeless. Later that month he pled guilty in South Dakota to obstruction of law enforcement, resisting arrest, and possession of a suspended license. In Iowa he was charged with failure to register as a sex offender.
In January 2004 Mary was unsuccessfully discharged from the House of Mercy due to dishonest behavior. The children were again removed from the parents' care. During visitation the parents disagreed about parenting decisions, and Marvin Sr. sometimes fell asleep. The children informed their therapists that they did not want to attend visits and did not want to return to the care of the parents.
In September 2004 the State filed a petition seeking termination of the parents' rights. Visitation was cancelled in October 2004, after Mary asked one of the children to steal something. The juvenile court terminated the parents' rights pursuant to sections 232.116(1)(d) (2005) (child CINA for neglect, circumstances continue despite the receipt of services) and (h) (child is three or younger, CINA, removed for at least six months, and cannot be returned home) (Zion). The court found:
Mary's request was actually made to another of her children, whose father is not Marvin Sr. That child is not affected by this appeal.
Notwithstanding Marvin Sr.'s completion of an educational program addressing substance abuse and assertions of sobriety, there is evidence of ongoing abuse. Additionally, Marvin Sr.'s ongoing run-ins with law enforcement and the criminal justice system are troubling and reflect a lack of stability.
The court noted the children's reluctance to be reunited with the parents, and concluded termination was in the children's best interests. Marvin Sr. 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). Our primary concern is the best interests of the children. In re J.L.W., 570 N.W.2d 778, 780 (Iowa Ct.App. 1997).
III. Sufficiency of the Evidence
Marvin Sr. contends there is insufficient evidence in the record to support termination of his parental rights. He asserts that he is clean and sober. Marvin Sr. states that he has a job and is living with the mother in a trailer home. He claims the children could be returned to his care.
A good prediction of the future conduct of a parent is to look at the past conduct. In re N.F., 579 N.W.2d 338, 341 (Iowa Ct.App. 1998). We note that patience with parents can soon translate into intolerable hardship for the children. In re C.K., 558 N.W.2d 170, 175 (Iowa 1997). We find clear and convincing evidence that despite the receipt of services, the circumstances which led to the children's CINA adjudication continue. The evidence also shows that Zion could not be returned to Marvin Sr.'s care. We adopt the reasoning of the juvenile court. Marvin Sr. has not shown that he had made long-term changes to his life such that he would be able to care for his children.
We affirm the termination of Marvin Sr.'s parental rights.