Opinion
No. 2-686 / 01-1278
Filed September 11, 2002
Appeal from the Iowa District Court for Davis County, William S. Owens, Associate Juvenile Judge.
A mother appeals the termination of her parental rights to her minor child. AFFIRMED.
Stephen A. Richardson of Richardson Law Office, Bloomfield, for appellant.
Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, and Richard L. Lynch, County Attorney, for appellee-State.
R. Kurt Swaim of Swaim Law Office, Bloomfield, for minor child.
Considered by Hecht, P.J., and Vaitheswaran and Eisenhauer, JJ.
A mother appeals the termination of her parental rights to her minor child pursuant to Iowa Code section 232.116(1)(g) (Supp. 2001). She does not dispute the State proved the elements of sections 232.116(1)(g)(1), (2), and (3), but argues the State failed to prove by clear and convincing evidence that the child cannot be returned to her custody pursuant to section 232.116(1)(g)(4). We review her claim de novo. See In re M.T., 613 N.W.2d 690, 691 (Iowa Ct. App. 2000).
The mother had her rights to three other children terminated in Missouri. Shortly after this child's birth, hospital staff grew concerned for the child's safety because the mother did not ask to see the child and was refusing to feed her. The mother agreed to a foster care placement for the child. During the progression of the case, the mother had difficulty treating the child's diaper rash and interacting with the child, and she overfed the child. The mother has been diagnosed with adjustment disorder with anxiety, impulse control disorder, and borderline intellectual functioning with narcissistic and dependent personality disorder features. She also has a history of substance abuse and has involved herself with inappropriate peers.
The mother has received many services in Iowa and Missouri, yet she has been unable to progress to the point needed to parent her child. She is unable to provide even basic care to her child without assistance. The future can be gleaned by the mother's past performance. See In re T.B., 604 N.W.2d 660, 662
(Iowa 2000). Accordingly, we affirm the district court's order terminating the mother's parental rights.
AFFIRMED.