Opinion
No. 3-002 / 02-1966
Filed February 12, 2003
Appeal from the Iowa District Court for Dubuque County, Jane Mylera, Associate Juvenile Judge.
A grandmother appeals the termination of her daughter's parental rights to her grandchildren and the denial of her request of custody of the children. AFFIRMED.
Daniel McClean, of McClean law offices, Dyersville, forappellant grandmother.
Monica Ackley, Dubuque, for mother.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, and Jean Becker, Assistant County Attorney, for appellee State.
Mary Kelley, Assistant Public Defender, Dubuque, guardian ad litem for the minor children.
Considered by Vogel, P. J., and Miller and Eisenhauer, JJ.
The trial court terminated the parental rights of the mother of these three children. It terminated the rights of the father of one of the children. The hearing on termination of the rights of the fathers of the other children was continued for lack of service of original notice or lack of identity.
Grandmother appeals the termination of her daughter's parental rights to her grandchildren. Neither the mother nor the father appeal. However, the grandmother contends termination was improper because the termination hearing was held before the children had been removed for the minimum six months required for some of the grounds for termination. She also contends the court erred in holding she was not a proper placement for the children. We review her claims de novo. See In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).
The State argues the grandmother does not have standing to appeal the termination of parental rights. Although grandmother was the legal guardian of the two older children when they were removed from the custody of their mother, the district court terminated the guardianship while the child in need of assistance proceeding was pending. Grandmother was allowed to intervene at the termination hearing to be considered as a placement. The grandmother cites no authority suggesting she has standing to challenge the termination, and we have found no such authority. We agree with the State that the grandmother has no standing to appeal the order terminating the mother's parental rights.
We affirm the district court's order placing guardianship and custody of the children with the Department of Human Services. Although Iowa Code section 232.117(3)(c) provides that the court may transfer guardianship and custody to a relative, we conclude such placement is not appropriate here. The grandmother suffers from methamphetamine abuse and placed her grandchildren in danger when her trailer exploded. The trailer had been used as a place to manufacture methamphetamine. The grandmother did not testify at trial on the advice of counsel citing the Fifth Amendment to the United States Constitution. Therefore, we may infer her testimony would have been adverse to her. See Conkling v. Conkling, 185 N.W.2d 777, 784 (Iowa 1971).
The grandmother contends she did not receive reasonable services. However, she offers no authority to suggest she is entitled to such services. She cannot stand in the place of her daughter.