Opinion
No. 2-342 / 02-0309.
Filed April 24, 2002.
Appeal from the Iowa District Court for Poweshiek County, MICHAEL R. STEWART, District Associate Judge.
The parents appeal a juvenile court order terminating their parental rights to their children. AFFIRMED.
Michael J. Fisher of Fisher Law Office, Oskaloosa, for appellant-mother.
Nancy L. Burk, Toledo, for appellant-father.
Thomas J. Miller, Attorney General, M. Elipse Pippin, Assistant Attorney General, Michael M. Mahaffey, County Attorney, and Kelly T. Bennet, Assistant County Attorney, for appellee-State.
Jeffery Garland of Brierly Charnetski L.L.P., Grinnell, for the minor children.
Considered by VOGEL, P.J., and MAHAN and EISENHAUER, JJ.
The parents appeal a juvenile court order terminating their parental rights to their children. On appeal the parents contend (1) the juvenile court erred in determining there was clear and convincing evidence to terminate their parental rights; and (2) the Iowa Department of Human Services (DHS) did not afford them reasonable reunification services. We affirm.
James and Melissa are the parents of Cody, born May 26, 1995; Tiffany, born July 29, 1997; and Dante, born September 23, 1998. James has a history of incarcerations and hospitalizations for his mental illness. In August 1999 DHS received a report alleging James watched X-rated movies while naked and masturbating in the presence of the children. The allegation was founded, and James was arrested. Following James's arrest, DHS offered voluntary foster care for the children, which Melissa refused. She was trying to raise money for James's bail. As a result, a temporary order was entered, and the children were removed from their parents' care and custody. The children were adjudicated as children in need of assistance in November 1999. Following adjudication, both James and Melissa were offered services, including parenting skills and reasonable visitation opportunities, to foster reunification with the children. However, their compliance with these services was minimal. The State filed a petition to terminate their parental rights. Following a contested termination hearing, the juvenile court terminated the parents' parental rights pursuant to Iowa Code section 232.116(1)(f) and (h) (Supp. 2001). The parents appeal.
James pled guilty to child endangerment. He received a two-year suspended sentence and two years of probation.
In its order terminating parental rights, the court cites to Iowa Code sections 232.116(1)(e) and (g). However, the applicable law in this termination is correctly cited as Iowa Code sections 232.116(1)(f) and (g) (Supp. 2001) due to an amendment to section 232.116 that renumbered the sections but did not substantively alter them.
We review termination proceedings de novo. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000). Our primary concern in termination proceedings is the best interests of the child. Id. To support the termination of parental rights, the State must establish the grounds for termination by clear and convincing evidence. Id.
Upon a careful review of the record, we find there was clear and convincing evidence to terminate James's and Melissa's parental rights. We also find DHS provided reasonable reunification services, but James and Melissa failed to take advantage of these services. The amount of patience for James's and Melissa's actions must be reasonably limited because "patience with parents can soon translate into intolerable hardship for their children." In re A.Y.H, 508 N.W.2d 92, 96 (Iowa Ct.App. 1993). The children have waited for more than two and a half years for their mother and father to provide the safe and stable home they need and deserve. The best interests of the children warrant the termination of James's and Melissa's parental rights. We therefore affirm the juvenile court.
AFFIRMED.