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In the Interest of A.A., 00-0504

Court of Appeals of Iowa
Aug 30, 2000
No. 0-450 / 00-0504 (Iowa Ct. App. Aug. 30, 2000)

Opinion

No. 0-450 / 00-0504.

Filed August 30, 2000.

Appeal from the Iowa District Court for Polk County, Karla J. Fultz, District Associate Judge.

Mother appeals from the termination of her parental rights. AFFIRMED.

Michael J. Burdette of McEnroe, McCarthy Gotsdiner, P.C., West Des Moines, for appellant.

Thomas J. Miller, Attorney General, Charles K. Phillips, Assistant Attorney General, and Jennifer Navis, Assistant County Attorney, for appellee-State.

Pamela A. Vander, Des Moines, for minor child.

Considered by Sackett, C.J., and Streit and Vaitheswaran, JJ.


Paulette appeals a December 21, 1999 juvenile court order terminating her parental rights to her daughter, Aryn, born in December of 1991. Paulette contends there was not clear and convincing evidence supporting the termination. We affirm.

On August 14, 1998, a petition was filed seeking to have Aryn and her half-brother found to be children in need of assistance. The petition alleged that Paulette abandoned the children, failed to seek treatment for Aryn's behaviors and that there were reports of drug paraphernalia being in her home. It had also been reported Paulette was aware Aryn was being sexually abused by Paulette's husband and did nothing to protect the child.

Paulette's parental rights to this child have also been terminated and are not a part of these proceedings.

Following a pretrial conference, Paulette was ordered to submit bi-weekly urinalyses. Paulette failed to comply and did not submit a urinalysis until October 1, 1998. Paulette completed eleven urinalyses that all tested negative for illegal substances. However she failed to submit a sufficient number of urinalyses to provide an accurate assessment of her drug use, if any.

On October 30, 1998, Aryn was found to be a Child in Need of Assistance as defined by Iowa Code sections 232.2(6)(c)(2) and 232.2(6)(n) (1997). Aryn was placed in the temporary custody of her father, Chad. The court ordered the child have supervised visits with Paulette at the discretion of the Department of Human Services.

From August 1998 through November 1998, Paulette had no contact with Aryn. In March of 1999, the Department of Human Services set up a visitation schedule. Paulette could come to the department office every Thursday for visits with Aryn. Paulette attended one session. She cancelled or did not follow through with the remaining sessions. Beginning in April 1999, Paulette was to have supervised visits with Aryn every Sunday at Chad's home. Paulette would call and promise Aryn a visit and neither appear or call to cancel. Paulette failed to exercise her scheduled visitation during April and May 1999.

In late April 1999 Paulette moved to Texas. She was advised she still needed to comply with the requirements of her case permanency plan. Paulette contends she complied with services while she lived in Texas but provided no evidence she provided urine for testing, sought therapy or participated in parenting classes.

On December 21, 1999 the juvenile court terminated Paulette's parental rights to Aryn pursuant to Iowa Code sections 232.116(1)(b), (c), (d), (e) and (f) (1999). Paulette contends there is not clear and convincing evidence to support this finding.

We review termination proceedings de novo. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993). The grounds for termination must be proven by clear and convincing evidence. In re E.K., 568 N.W.2d 829, 830 (Iowa App. 1997). The State has the burden of proving the grounds for termination by clear and convincing evidence. In re T.A.L., 505 N.W.2d 480, 483 (Iowa 1993). We may review the facts as well as the law and adjudicate a parent's rights anew. In re Dameron, 306 N.W.2d 743, 745 (Iowa 1981).

Paulette claims the State failed to show the statutory elements for termination under Iowa Code section 232.116(1)(b), (c), (d), (e) and (f) (1999) were met by clear and convincing evidence. We need only find grounds to terminate under one of the sections cited by the juvenile court to affirm. In re S.R., 600 N.W.2d 63, 64 (Iowa App. 1999).

Iowa Code section 232.116(1)(b) (1999) permits the juvenile court to terminate the parent-child relationship if the court finds that there is clear and convincing evidence that the child has been abandoned or deserted.

Abandonment is characterized as a giving up of parental rights and responsibilities accompanied by intent to forego them. In re D.M., 516 N.W.2d 888, 891 (Iowa 1994). Two elements are involved in this characterization. In re A.B., 554 N.W.2d 291, 293 (Iowa App. 1996). First, the giving up of parental rights and responsibilities refers to conduct. D.M., 516 N.W.2d at 891. Second, the intent element refers to the accompanying state of mind. Id. Parental responsibilities include more than subjectively maintaining an interest in a child. A.B., 554 N.W.2d at 293. The concept requires affirmative parenting to the extent it is practical and feasible in the circumstances. Id.

Aryn was removed from Paulette's care on August 12, 1998. Since that time Paulette has had sporadic contact with Aryn. Paulette failed to exercise scheduled visitation. She has failed to pay child support and to maintain any contact with Aryn. There is clear and convincing evidence she abandoned her daughter. The evidence regarding Paulette's contact with Aryn since she was removed also indicates that Paulette failed to maintain significant and meaningful contact with Aryn. See Iowa Code § 232.116(1)(d)(3) (1999). The decision to terminate based upon a failure to maintain significant and meaningful contact is also supported by clear and convincing evidence. The decision terminating parental rights under Iowa Code section 232.116(1)(b) and (d) (1999) is affirmed.

AFFIRMED.


Summaries of

In the Interest of A.A., 00-0504

Court of Appeals of Iowa
Aug 30, 2000
No. 0-450 / 00-0504 (Iowa Ct. App. Aug. 30, 2000)
Case details for

In the Interest of A.A., 00-0504

Case Details

Full title:IN THE INTEREST OF A.A., a/k/a A.B., Minor Child, P.J.B., Mother, Appellant

Court:Court of Appeals of Iowa

Date published: Aug 30, 2000

Citations

No. 0-450 / 00-0504 (Iowa Ct. App. Aug. 30, 2000)