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In the Interest of B.C

Court of Appeals of Iowa
Feb 12, 2003
662 N.W.2d 375 (Iowa Ct. App. 2003)

Opinion

No. 3-072 / 02-1969

Filed February 12, 2003

Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.

A mother appeals the termination of her parental rights to her child. AFFIRMED.

Mary Krafka, Ottumwa, forappellant mother.

William Appel, Ottumwa, for father.

Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, and Victoria Siegel, Assistant County Attorney, for appellee State.

Cynthia Hucks, Ottumwa, guardian ad litem for the minor child.

Considered by Vogel, P. J., and Miller and Eisenhauer, JJ.


A mother appeals the termination of her parental rights to her son pursuant to Iowa Code sections 232.116(1)(g) and (h) (Supp. 2001). She contends termination is not in the child's best interest, clear and convincing evidence does not support termination, and she was not afforded reasonable accommodation as required by the Americans with Disabilities Act (ADA). We review her claims de novo. See In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).

Iowa Code section 232.116(1)(g) allows for termination of parental rights when the court finds that:

(1) The child has been adjudicated a child in need of assistance pursuant to section 232.96.

(2) The court had terminated parental rights pursuant to section 232.117 with respect to another child who is a member of the same family.

(3) There is clear and convincing evidence that the parent continues to lack the ability or willingness to respond to services which would correct the situation.

(4) There is clear and convincing evidence that an additional period of rehabilitation would not correct the situation.

The mother contends the State has failed to prove the last two elements by clear and convincing evidence.

The mother has borderline intellectual functioning and a long history of mental illness. At the request of the Department of Human Services, she voluntarily placed her son in foster care shortly after his birth on January 24, 2002. This is not a case where the mother is unwilling to correct the deficiencies in her parenting ability. By all accounts, the mother loves her child and has made progress with her parenting skills. Unfortunately, this is not enough. The evidence presented indicates the mother is unable to provide the parenting necessary to safely care for her son. At the time of termination, the child had been in foster care for nearly one year. Additional time would not correct the situation. Accordingly, the State has met its burden of proof under section 232.116(1)(g). We need only find termination proper on one ground to affirm. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995).

We also find termination to be in the child's best interest. In determining the best interests of a child, the court looks to the child's long-range and immediate interests. In re C.K., 558 N.W.2d 170, 172 (Iowa 1997). The court must consider the physical, mental, and emotional condition and needs of the child in deciding to terminate parental rights. In re C.W., 554 N.W.2d 279, 282 (Iowa Ct.App. 1996). Because the mother cannot provide her child with a safe environment, termination is in the child's best interest. 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).

Finally, the mother contends she was not afforded reasonable accommodation for her mental disability as required by the ADA. The mother raised this issue at the dispositional hearing, but did not allege that other or different services were necessary. Because the mother failed to present any specific reasonable accommodation that she requested and was denied, we conclude the district court did not err in rejecting her claim.

AFFIRMED.


Summaries of

In the Interest of B.C

Court of Appeals of Iowa
Feb 12, 2003
662 N.W.2d 375 (Iowa Ct. App. 2003)
Case details for

In the Interest of B.C

Case Details

Full title:IN THE INTEREST OF B.C., Minor Child, B.C. Mother, Appellant

Court:Court of Appeals of Iowa

Date published: Feb 12, 2003

Citations

662 N.W.2d 375 (Iowa Ct. App. 2003)