Opinion
No. 4-432 / 04-0746.
July 14, 2004.
Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge.
A mother appeals the termination of her parental rights to her son. AFFIRMED.
Christopher Kragnes and Tiffany Koenig, Des Moines, for appellant-mother.
Thomas Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, John Sarcone, County Attorney, and Andrea Vitzthum, Assistant County Attorney, for appellee-State.
Rachel Seymour, Juvenile Public Defender, Des Moines, guardian ad litem for the child.
Considered by Vogel, P.J., and Hecht and Vaitheswaran, JJ.
Robin appeals the termination of her parental rights to Austin, born in 1998. She contends termination is not warranted given the emotional bond she enjoys with her son.
Iowa Code section 232.116(3)(c) allows a court to defer termination if "[t]here is clear and convincing evidence that the termination would be detrimental to the child at the time due to the closeness of the parent-child bond." The juvenile court declined to exercise this option, stating, "[t]ermination of parental rights is in Austin's best interests and would be less detrimental than the harm that would be caused to him by continuing the parent/child relationships." On our de novo review, we agree with this assessment.
Robin has a substance abuse problem which resulted in the removal of Austin from her care and his placement with the parents of her boyfriend. Following the removal, Robin moved to Michigan for several months. She did not maintain contact with her son. On her return to Iowa, she exercised only sporadic visitation, tested positive for methamphetamine and marijuana in her system, did not complete drug treatment, and did not begin individual therapy as required by the Department of Human Services.
To Robin's credit, there is evidence from Austin's therapist that Robin and Austin shared a "bond of affection and meaningful history. . . ." But there is also evidence from the same therapist that Robin acknowledged she would be unable to care for Austin in the foreseeable future.
On this record, we affirm the termination of Robin's right to parent Austin.
AFFIRMED.