Opinion
No. 4-450 / 04-0771.
July 14, 2004.
Appeal from the Iowa District Court for Scott County, John G. Mullen, District Associate Judge.
A mother appeals from a juvenile court order which terminated her parental rights to her three children. AFFIRMED.
Robert Phelps, Davenport, for appellant.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, William E. Davis, County Attorney, and Gerda Lane, Assistant County Attorney, for appellee-State.
Patrick Kelly, Bettendorf, for minor children.
Considered by Mahan, P.J., and Zimmer and Eisenhauer, JJ.
Dawn B. appeals from a juvenile court order which terminated her parental rights to her three children. She claims the State failed to prove the statutory grounds necessary for termination by clear and convincing evidence. We affirm.
I. Background Facts Proceedings
Dawn and Darryl B. are the parents of Darrian, born in March 1998. Dawn and Doug W. are the parents of Dekota, born in June 1999, and Destiny, born in July 2001. The children came to the attention of the Department of Human Services due to protective concerns. On one occasion, Dawn, Doug, and Doug's cousin went to a bar for the night and left the children with a known sex offender. Darrian was sexually abused that particular evening. Although the parents were aware of the abuse, they did little to provide Darrian with medical care or assist him with his therapy. As a result, Darrian began to have emotional and behavioral problems which included fire setting. On another occasion, Darrian was seriously burned while moving a pot on a stove at about 10 a.m. one morning. Dawn was asleep at the time. Darrian's injuries from this incident resulted in scarring, loss of mobility, and the amputation of several of his fingers.
On October 23, 2002, the juvenile court adjudicated the three children as children in need of assistance. The basis of the adjudication was the failure of the parents to provide appropriate care and supervision for the children. On October 27, 2002, Dekota and Destiny were placed in foster care. Darrian was placed in foster care on February 12, 2003. The children have been out of their parents' care ever since.
The record reveals Dawn has a serious substance abuse problem. She continues to need therapeutic intervention, but has not cooperated with the services she has been offered and refuses to submit to urinalysis tests when they are requested. Dawn also has mental health issues. She completed a psychiatric evaluation, but failed to take the medication prescribed for her. Dawn has not attended parenting classes on a consistent basis. She has trouble providing structure, discipline, or safety for her children, and she puts her own interests ahead of her children's needs. Dawn appears unable or unwilling to consistently participate in her son's physical therapy. Not surprisingly, Darrian has experienced difficulty handling his mother's inconsistent levels of support.
On December 26, 2003, the State filed a petition to terminate the parental rights between Dawn and her three children, and Doug and his two children, Dekota and Destiny. Following the termination hearing, the juvenile court entered an order terminating Dawn's parental rights pursuant to Iowa Code sections 232.116(1)(d), (f) (Darrian and Dekota), 232.116(1)(h) (Destiny), and 232.117 (2003). The court also terminated Doug's parental rights. Only Dawn appeals.
II. Scope of Review
We review termination proceedings de novo. In re S.N., 500 N.W.2d 32, 34 (Iowa 1993). The grounds for termination must be proven by clear and convincing evidence. In re T.B., 604 N.W.2d 660, 661 (Iowa 2001). Our primary concern is the best interests of the children. In re C.B., 611 N.W.2d 489, 492 (Iowa 2000).
III. Discussion
On appeal, Dawn claims her parental rights should not have been terminated because the State failed to prove the children could not be safely returned to her care. We disagree.
The juvenile court found the children could not be returned safely to their mother's care because they would be "subject to a high risk of adjudicatory harm in the nature of physical abuse, sexual abuse, neglect and failure of supervision." The court also noted that "additional services would not likely resolve the adjudicatory harm given the mother's past reaction to services since November 2002." The record amply supports the juvenile court's conclusions. Dawn failed to comply with the case permanency plan. At the time the termination hearing was held, Dawn was unemployed and again living with her parents. She had also recently relapsed into drug use.
We conclude the State proved by clear and convincing evidence that Dawn's parental rights to her three children should be terminated. Darrian, Dekota, and Destiny have been in foster care for more than a year. The children should not have to wait any longer for their mother to become a responsible parent. Termination of Dawn's parental rights clearly serves her children's best interests. Accordingly, we affirm the juvenile court.