Opinion
No. 2-1025 / 02-1872
Filed January 15, 2003
Appeal from the Iowa District Court for Polk County, Karla J. Fultz, Associate Juvenile Judge.
Parents appeal from the order terminating their parental rights to two of their children. AFFIRMED.
Nancy Pietz, Des Moines, for appellant-father.
J. Michael Mayer, Des Moines for appellant-mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, John Sarcone, County Attorney, and Steve Bayens, Assistant County Attorney, for appellee-State
Considered by Vogel, P.J., and Zimmer and Hecht, JJ.
Jason Hauser, Des Moines, guardian ad litem for child.
Rubben J. and Deborah K. are the parents of J'Ron J., born on September 20, 1995, and Drameo J., born on December 18, 1997. This family has been involved with the juvenile court since 1992. J'Ron was adjudicated to be a child in need of assistance (CINA) on December 2, 1996, and Drameo was adjudicated CINA on April 1, 1998. Both boys have been in and out of their mother's custody a number of times. Neither child has ever been in the custody of the father.
Rubben and Deborah are the parents of two other children under the jurisdiction of the juvenile court, Kayla and Dion Jr.
Deborah consented to the removal of J'Ron, Drameo, and her other two children in April of 2001. On April 15, 2002, the State filed a petition to terminate the parental rights of both parents. On October 29, 2002, the juvenile court terminated Rubben's parental rights under Iowa Code sections 232.116(1)(b), (d), (e), and (k) (Supp. 2001). The court terminated Deborah's parental rights under section 232.116(1)(e). Both parents have appealed.
We review termination orders de novo. In re R.F., 471 N.W.2d 821, 824 (Iowa 1991). Our primary concern is the best interests of the children . In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
Upon de novo review of the record, we conclude clear and convincing evidence supports the juvenile court's decision to terminate the parental rights of both Rubben and Deborah. The father has an extensive criminal record and a lengthy history of substance abuse. The children have had little contact with him. He has not provided financial or emotional support for the children. Rubben did not make himself available for services. The father has been incarcerated on a number of occasions, and was released from prison shortly before the termination hearing. The children would clearly suffer adjudicatory harm if placed in his care.
The mother also has struggled with drug abuse. The children have been out of her home since April of 2001. The mother has not benefited significantly from the many services that have been made available to her. She lacks insight into the harm her unstable lifestyle has visited on her children. The record reveals the mother cannot keep her children safe in her home. Both boys have significant emotional problems as a result of the violence and disruption in their lives while in their mother's care. Although Deborah claims she is now ready to have the children returned to her care, her past performance clearly demonstrates she is unable to care for her children.
Both prior to and during the termination hearing, Rubben suggested the children could be placed with their paternal grandmother in lieu of termination. The proposed placement, Sheryl J., has declined to be considered. The record reveals a relative placement is not appropriate.
Deborah contends termination is not in the children's best interests. We disagree. The children need a stable, permanent home environment to give them a chance to grow up to be successful adults. Termination of the parental rights of Rubben and Deborah is in the children's best interest. We affirm the juvenile court.